Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-07-14
Declares That the Bcnciits Received
BY County from Expensive Publi-
cation OF Lists Not at Issrc.

Judge George G. Armstrong oSerrulad
this morning the motion OF Count.
Atty. JOB p. Lyon to strike out the!
Il facts and circumstances as a defelse
set forth in the answer Of the county
commissioners TO the suit brought in
behalf of Salt Lake county to compel
Z the commissioners to pay back to the
county treasurer s5,T275O alleged to
have been Illegally paid othe Inter
Mountain Republican for publishing
the delinquent tan list. under n secrof
contrct This decision, however, does
Y not affect the case In any way and Mr.,
Lyon WAS granted five days to de-
miir to the answer, which lie Will do.
Mr.. Lyons contention was that tn.
\ facts set forth In the answer which
attempted to Justify Tie commission
trs for their actions were inmatcrlal
4 and rirreyelant to the allegations IN this
complaint. He stated further that the
benefits received by the county from
4 the publication Of the tax lists was not
4 an issue OF the case
III. T.. Booth. prcsidentof the Inter
4 Mountain Republican and United States
district attorney, assisted by Atty.
/ Barnard Stewart, held that the coun-
Z tS commissioners had a right to set
8 forth all the facts and circumstances
I and benefits derived from their action
X ms "a defense to the allegations of thu
! complaint Bs
The arguments consumed the entire
II forenoon In Judge Arfnstrong's court.
"a fter Mr.. LNonm the motion to
/. strlk out the alleged facts and
circumstances because they we're im-
4 aterlal. Mr.. Booth presented his ar
+ gument.
AUDITOR WAS sSEGLEcTFUL
He declared that the commissioners
x lid not act in this matter without
the authority Of law. He read from the
statutes where the commissioners
were compelled to advertise the de-
"A llfiqnent tax lists before these taxes
s could be collected. - was also con-
tended that the5county auditor was the
officer authorized to advertise for
Il bids and not the commissioners Mr.
Booth declared that the#county audi |
q tor neglected to advertise as he Waa
required by law ana this was a de-
+ ferse for their action of giving the |
y contract to the Inter- Mountain Re-
publican
534 Mr., - h argued that the county !
\ 3tcoInmisslo ners We're notNpersonally |
y liable or their bondsmen for rim
4 money appropriated for things author
lied BY. law. IIl cited a number Of
cases which sfile admitted he should
n have argued when the demurrer was
He'd to the complaint. Tn these cases |
d he attempte ed; to show What the law
was on the personal liability Of the
board of county commissioners.
here the commissioners apprn !
al
i law they IRE not liable personally, I
no said. Tho publication Of the de-
flinqnent tax lists is required abN5 law
ana the county receives a benefit for
the publication For this reason II
8thirk the facts set forth that the
county was aple8to collect $3.50, 00D in
delinquent taxes Is a benefit and that |
AZ Is proper defense to set forth In
this ansW er.., II
!. M STEWARDS ARGUMENT.
z Mr.. Stewart took np the facts and
circumstances set forth in tho answer.
lie argued that they were material be-
cause ti they set up an estoppel since
there were no a allegations OF fraud, bad
faith, OF corruption Iii the complaint. He
cited several authorities to support his
position, Hes also took up the duties OF
judicial l!'1 office such as county commits
sioners are under the statutes of Utah
IN his arguments on this point he said
= hat ! he commissioners had come within
the requirements Of Law by advertising
and collecting the taxes. although he
admitted that bids We're not adver-
tised. +
NOT APPROPRIATE NOW.
& IN closing the arguments, Mr.. Lyon
said that these arguments would have
been aI'propriate ~ week ago when tho
demurrer was argued but not now
He declared that in his complaint he
had set forth that no bids had been re-
ceiVed or contract made, that the city
treasurer never authorized the publish
ing OF the list and that the county au-
dttor had never advertised for bids. I
These allegations, he said. were not de-
MED or affirmed IN the answer but that
alleged facts and circumstances were
set up to Justify the actions of the
commissioners. elIeld that the plead
ings ought not to he burdened with !
these things and asked that they be
stricken out
without any comment Judge ARM
strong orerrulad tho motion. The court
asked Mr. Lyon how much time he
wanted in which to demur to the am
sWer. He asked for five days and II |
was granted.
4 The suit WAS brought against the
commissioners on April 10. 1909 III the
complaint the defendants mentioned |
are; James e. Clinton and his bonds |
men, Lewis S. Hills aud w T. Eller-
beck; John G. Mackay aud his bonds
men, p. II. G'allister and Daniel Mac |
kay, w. J. Brinton and his bondsinen, |
John smith and Heber 8, Cutler
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