The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-11-10
ANOTHER ROUND
WON BY GNMLET 7
Judge Armstrong Reverses
Himself i'm Case of the
Mouth" Steal.
ACTION WILL BE TAKEN
TO THE SUPREME COURT
II Ruling Stands commissioners
Can Loot the Treasury
at Pleasure.

Armstrong Deiu wednesday ih"e |"""
ty Attorney Job Z. Lyon s complaint
against the county commissioners TO
compel them to return to the county
treasurer $5To750 illegally paid the old
Smoot "Mouth' - for printing the l9oS
delinquent tax list docs not state facts
sufficient 10 constitute n cause OF action.
Judge Armstrong; S ruling practically
puts the county attorney out Of busl-
ness in the district court, but Mr.. Lyon
SAID Wednesday that the case viii not
90 dropped Instead the suit will be
taken directly to the supreme court AS
soon as an appeal which his office is
working on diligently can bc perfected.
The federal bunch, of which the cont
misSloncrS form q part, defeated Lyon
for denomination because of his stand
against county graft. however, and as
the appeal can hardly he heard in the
supreme court before the end of the
year, at which time Lyon goes out OF
Office, it, looks like the taxpayers Will
have to stand for the plundering OF
the county treasury to benefit the party
crgau- Mr.. Lyon will attempt 10 hurry
tho case through TO final determination
before he rctircs, but on account of the
law S delays it is doubtful if ho can
be put through TO n final determination
is for some taxpayer to step in as an
lntcrvcnor and insist upon the proper
presentation of the action III the SUI
premc court.
After iunumerable DELAYS, which put
the ease over until after election. the
hearing started in Judge Armstrong
court at ~ clock "Wednesday morn
ing. but it didn't get far. After Mr..
/ k,,l l. L..
he put Frank iIeginboi ham. county
auditor. upon the stand TO testify that
the payment of tho excessive and il
legal bill in favor of The =" Mouth had
never been authorized by his office, but
Hcginbotham WASH { allowed to show
t.6s.
Kinky Butts In.
IJyrum f. Booth. United States dis
trIct attorney, prominent officer of the
old Mouth - and of its successor, the
- GsmIets' sometimes dignifed by the
title of the Herald Republican, chief
counsel for the commissioners and
few other things, objected TO the in
PRODUCTION of any testimony under Mr..
Lyon s complaint, on the ground that
II did not state facts suflcient TO con-
stitute cause Of action. Judge Arm
strong, holding Office by virtue of the
church Republican crowd-if that
crowd has any. virtue-hcard Booth s
argument that the commissioners acts
III contracting and paying bills are
quasi judicial. and not amenablc to re.
view unless frand is shown, and that
IL is not mandatory upon them to adj
Nertise for bids for county printing,
and after listening to the county attor.
ney s objections for q few minutes sus-
tanned the objection to the compIaint
That it did not state a cause of action,
and thereby reversed himself as to
the demurrer
The county attorney Is Office says that
If the complaint it has drawn is not
good, none can be drafted. hence the
appcnl to the supreme court.
Mr.. Lyon s original complaint set out
that the commissioners, in giving the
list to the EMouth' had not called
for or received bids. that no contract
ever was entered into with or awarded
TO the Mouth, - that the county treas.
urer was not directed to call for bids
and that the county auditor never
passed upon the bill. All these things,
required under sections 529, $50. SCI
and 1920 of the compiled laws of 1907.
as follows:
Law on the Subject.
529. Bids for Publishing Notices etc
contract, AZ the time' OF Inviting bids
Tor books. blanks and stationery. the au
ultor also shall invite bids for the pub
iisning OF county reports. notices and ad-
vcrtisements during the ensuing year. be-
ginning July l. The bids for the same
must he filed with the auditor on or he
fore the FIRST day Of July and at the time
blanks. and stationery. the board OF
county commissioners shall open the bids
tor publishing reports. notices, and ad
vcrtisemenis. and shall award the Same
lation considered: provided thar thn
ooaro OF county commissioners may re-
]eel any or all bids and readvertlse.
$50. Accounts for STATIONERY, how
paid. Distribution of STATIONERY orc
inc accounts for books. blanks and stn
tlonery furnished under such contracts.
tices, and advertisements shall be H,,dfted
and paid as other accounts against The
county; II shall be the duty of the coun-
Slans as''sDr snd 20 procure all such boots
sary. and to distribute the same to the
various county officers
Claims and Warrants.
Oh. Claims. Form. Time of prcsen.
tation. The board OF county commits
sionSrS shall not hear or consider any
nor shall the board 'chedit or allow any
claim or bill against the COUNTY uuI.ss
the same be itemizcd. giving names.
dates, and particular service rendered
nor until It has been passed upon hv
the county auditor. II the claim is for
service OF process, it shall state tho
character OF process served upon whom
The number OF days engaged and the
number OF miles travelled; II for rnateri-
AIS furnished, to whom. by whom or
dered, quantity. and price agreed upon
Every claim against the county must bc
presented 10 the county auditor WitnIn
year after the last item OF the nc
count or claim accrued. In all cases
claims shall be duly verified AS 10 their
correctness and as TO the fact that they
ais. justly due. by the claimant or his
authorized agent. II the board shall re-
fuse 10 bear or consider a claim because
II is not properly made out IL shall causs
notice OF the fact to be given 10 the
claimant or 10 his attorney, and shall al
low sufficient time for tho same TO be
properly iiemzed and verified
Publication Of List. Al
s6.0, Id Publication Of list. Con
tents, Notice Of sale, Taxes from ca,
companies. On before the frst Mou
day OF December Of each year. the county
treasurer must. under the direction of INC
county commissioners. publish the delin
quent list. which must contain the uamrs
OF the owners. when known. and n de-
scription OF the property delDuuent Or
subject to lien OF taxes. classified In
Towns and cities by addition. subdiyj-