The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-08-10
Special Attorneys Employed to
Defend Suits Against Board
and Members.
FIVE HUNDRED DOLLARS
PAID MI, PLEASANT MAN
His Bill Shows Some Of the Pc
cuiiar Workings of State
Board.

i
ing approved a bill of $500. for attor-
ncy's fees. or legal services, presented
by j. w. Cherry of Mt Pleasant, III
matters concerning the Piute reservoir
project from August 2I, 1909. To June
20, 1910. Why il was necessary TO
employ Mr.. Cherry i'll view that the
state has an attorney general whose
duty under section Is of article VII. OF
the construction is thus detailed;
The attorney general shall he the
legal adviser of the state ofhcers, and
shall perform such other duties as
may be provided by law.
In chapter six of the Revised Stat
utcs of Utah the dGties of the attor-
ncy general are set forth VIZ;
To attend the supreme court and ;tll
courts OF the United States, and prose-
cute or defend all causes to which the
state or any officer thereof in his ofn
cial capacity is party.
How Cherry Broke In,
According TO the minutes Of the pro-
ceedings oil a meeting or the state
board of land commissioners, November
4, 1909:
j. W. Cherry of Mount Pleasant came
before The board and stated that the
following eases had been lled against the
board to wit:
Walter Wilkinson VS.. State of Utah
ct al.
s. H. Dali vs. State OF Utah.
On motion of Commissioner Giauque,
Mr., Cherry was authorized to take such
action AS may be necessary in defending
said cases. and any other cases that may
arise which involves the state land board
or the members thereof
From this it would appear that Mr..
Cherry had voluntarily come before the
board and notified the board that the
suits had been filed and that this was
the first and only notice the board had
received of the beginning of the ac
ton. If this is a fact, At is to pre-
vent attorneys from all over the state
whenever Il case is brought against the
land board from coming TO Salt Lake
and. after notifying the board of ac
tions begun, receiving the same treat
mont as was accorded Mr.. Cherry?
Here is a copy of the bin filed by Mr..
Cherry;
How the Bill Reads.
State Board OF Land Commissioners, in
account with ]. w. Cherry, debit:
To legal services rendered Tor state
land board commissioners In matters con-
corning the Piute reservoir project from
August 27. 1909 TO date. as follows:
TO consultation fees and advice to
assistanst concerning various subjects
pertaining to tho reservoir and canal
and the management OF the waters flow
Ing therein, etc, from August q, 1902
August 81, 1909 To three days trip
examining canal at Joseph. Elsinore and
RichfieId at points of alleged damage
points involved In injunction proceed
ings.
10 preparation of defense, defense to 9t action of
injunction in district court, Sewer
county Cease diSmissed),
September 9. 1909. To three days trip
TO Salt Lake City in conference with
September 80. 1909. 70 trip 10 Manti
TO confer with state engineer. one day.
October 20, 1909. To two days trip
10 Richfield attending trial OF ii. w.
Ramlose VS. W. D. Condland ct al for
writ of prohibition in district court OF
e9m4ty 'raSo o t6ree davs trp
Salt Lake City to confer with attorney
general concerning defense OF damage
cases OF S, II. Dali and w. II, Wilkinson
against the state OF Utah, and the state
board of land commissioners. ct al
To filing demurrer in the case OF s. II
Dali VS.: the State OF Utah. ct al, and w.
IL Wilkinson vs. the State OF Utah. ct
AL, and presenting same upon brief to
the district court of Sevier county.
February 20. To three days trip 10
Salt Lake City to confer with attorney
general upon line Of defense and an
sWers TO damage cases against the State
OF Utah. the state board of land COM
missfoners, ct al
February 20. 1910. To preparation and
filing of answer to damage case OF S. II.
Dali VS.. the State OF Utah. the state
board OF land commissioners. ct al. Cease
still pending).
February IS. 1910. To preparation and
filing OF answer to damage case OF w.
II. Wilkinson VS. the state board OF
land commissioners. ct al Cease still
pendng).
March s. TO preparation and filing
Of answer to protest against change OF
place of use OF waters or Barnsons
springs In Puite county in proceeding
Juno 15, 1910. To three days trip TO
Rfchfield defending contempt case against
M,rsdn Tanner m PaIey Riddle Id and
county Cease dismissed); and arranging
settlement and preparing agreement with
Otter Creek Reservoir company for the
apportionmcnt and distribution OF waters
for the present irrigation season.
Total S50000, Credit: Paid on account
November &c. 1909, 10000: paid on ac-
count April Fl. 1910, $4,000, balance
due. $4,000.
state OF Utah. County OF San Pete. Sc:
w; Cherry. being first duly sworn.
and the amount claimed is Justly due
from the state board of land commits
!sioners. and that neither the whole nor
any part thereof has been paid by the
J. w. CHERRY.
=. Subscribed and sworn to before me,
The 10th day Of June. 1910
RASMUS ANDERSON,
Notary Public.
My commission expires June .. 1910.
In my opinion the charges for legal
services contained in the foregoing ac-
rount are reasonable.
Dated this - day Of June, A. D.,
59l0.
a. r. BARNES,
Attorney General,
From the way this bill reads and
from the record Of the proceedings OF
the board it would appear that Mr.
Cherry had been performing work for
the state board of land commissioners
without authority from the board for
tho items show that he began work for
the board August 81, but no authority
for such employment is noted until No
vember 4 following, and that he had al
ready taken up the cases before notice
was served on the board.
But why the necessity of employing
Mr. Cherry or any other attorney in
these cases7 There is the attorney gen
eral and his deputy The attorney gen
eral was cogniZant of the cases nj is