The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-11-02
DEMURRER ARGUED
AND SUBMIT TED
Matter Is Taken Under Advise
ment by District Court
Judge Armstrong.
STRONG ARGUMENT MADE
By COUNTY ATTORNEY
commissioners Make PitifulIy
Weak Attempt to Justify
Treasury Raid.

Judge George c. Armstrong, Nor
Cay. heard arguments ON the demurrer
OF County Attorney job L, Lyon 10 the
affirmative answer filed by the county
commissioners and their bondsmcn TO
;he complaint in which the county is
seeking 10 recover $512GJO. which. it
Is claimed, the commissioners illegally
paid To the intcrmountain Republican
last year for publishing the delinquent
tax list.
II was claimed in Inc complaint that
The commissioners awarded the con-
tract to the Republican secretly, with.
out advertising for competitive bids as
required by law, and hence their action
was illegal. In their answer. the com
mlssIoners set out that they had asked
Tor bid from tho Smooj organ and
had awarded the contract TO that paper
and later had approved the contract
by allowing the clam for The sum men
toned above. Further than that, they
alleged That their action was iustificd
because. by reason Of the list being
published the county received tho
bcncTit OF the contract entered into
and was enabled 20 collect about $3.50
600 n delinquent taxes. County Attor.
ney Lyon demurred tn this answer on
the ground that it did not state facts
Mr.. Lyon made the argument in de-
nall OF the county. while the interests
OF the commissioners and their bonds |
men were looked after BIZ Barnard i |
Stewart and Col. Hiram f.. Booth. !
United States district attorney and !
president OF the lntcrmountain Rcpuh. |
lean. The court took the matter IN. |
der adyiSement
County's Strong cfound.
Mr Lyon called the court s aiten-
ton 10 four points in the answer of !
the commissioners: First, their claim
that rhev asked for and received u bid |
from the Republican: second, that the !
contract was made with the Republican
by the commissioners; third. that the /
commissioners ordered the county treas
mrer 90 nnnt the delinquent list in the
Republican; fourth that the claim of
the Republican was approved by the
commissioners aud the contract was
thereby ratified
As 10 the first point, the county AT.
tornev declared that the commissioners
DID not comply with the law requiring
the publications of notice. calling for
bids. i'll newspaper, and hence fhe
contract never was legal from the be
ginning. The second defense that The
contract was entered into with the Re.
publican. he argued. was not available
al all. because The commissioners had
no authority IN law 10 enter into such
" contract. for thev had failed TO adj /
vertiSe for bids. As TO the third point.
he insisted that the order TO the treas
uTer 10 print thc list in that paper
was ot no effect at all on account of
the illcpaIi;y of the procedure of the
commissioners. In regard to the ap-
proYai of the bill for the printing. the
attorney argued that the commissioners
exceeded their jurisdiction in approv.
ing It. because they had uot authority
to ratlfy claim for an Illegal con
tract
NJ. Lyon called the courts atten.
u9n TO sections 521 and $40 of the Com
W!ed Laws Of 1907, which required no.
lcc for bids TO be published in news
paper fer one week. These provisions.
NC conlcndcd. were mandatory and not
directory. and If the commissioners
FAILED IN that, they certainly had no
authoTlty 10 cnier into a contract at
all for the publication Of the tax list.
lie also cited section 4g3 Of the Com
Ebcd Laws, which says that "all con.
tracts made, or attempted 10 be- made.
IN violation OF this statute shall be
absolutely void. In conclusion. he con-
tended that II was 20 answer at all
jor the commissioners TO come in and
say that ihcv had asked for and re.
ccived bid from the Republican. be- s
]
NertISe for bids for publishing the LIST.
and they wholly failed To comply with
the statute in any particular with I
respect to letting the contract
Weak Justification.
Attorney Stewart argued that The I
county commissioners were uuasl-udj- I
cla! officers and that they had author !
'tN 70 make contract for the printing
and had jurisdiction over the subject
matter Of The contract Further than
That, he contended that the commits /
aloncrs cannot be held personally re.
aponsible for money paid out on a con I
lract which they bad authority 10 I
award and for which the county re !
reiNed the benefit, III they were held :
personally liable. lie declared. for cv. '
cry little mistake in office they would q
all soon become insolvent c
lie contended that the proper action
On the part of the county attorney -,
was TO enJoin the county auditor from ,
paying the bill OF the Republican and :
not wait until after the bill was paid q
and the county had received all the ! I
benefits from the advertisement. and '
then try. 10 hold the commissioners ncr I
.onally liable. !
In answer 10 this Mr., Lyon stated \
hat be was not in office when the con L
tract was let and had been in office o