The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-09-16
Supreme Court Afirnns De
cision Dismissing Intermoun-
tain Republican Case.
NOT SHOWN
Opinion Holds That Commits
SionerS Are Not Personally
Liable for Money.

The Utah supreme court affirmed the
judgment OF the lower court yesterday
morning in the case entitled Salt Lake
County against James E. Clinton and
others. which is more commonly known
as the delinquent tax list case. By the
decision OF the supreme court II is prac-
ticaily held 10 be impossible for the peo-
s512I 40 paid 10 the Intermountain Re
publican. organ OF the federal bunch in
the days before the consolidation with the
Salt Lake Herald The money was paid
for printing tax lists which. both before
and since have been printed at much less
cost 10 the county. In concluding its
opinion. the supreme court says,
1T appearing from the complaint that
the money was appropriated and devoted
TO An object for which the law authorizes
the payment OF money out OF the county
acted within their jurisdiction. and II not
being alleged that they acted in bad
faith, or In fraud. they cannot be held
personally liable. however erroneous their
judgment respecting the validity OF the
claim may have been
The case was brought by Job p. Lyon
at that time county attorney. and who
paid for the action with his official head
kay and Walter Burton. county commits
sioners, and Lewis $. Hills, William L.
Ellerbeck. T. II. Cailister. Daniel Mac
kay. john r. Smith and Heber S. Cutler
their bondsmen. salt Lake county was
named as plaintiff and the action was
brought under a statute which makes it
mandatory on the county attorney to
bring suit against county officials under
certain conditions.
The complaint alleged that on January
3. 1909. the county paid TO the Inter
without due authority OF law and with
out bids having been required for publ
cation. as required by law.
The case was lost by the county In the
al hn ,.f; .,ft ,AFa nd
ants that no evidence should be intro
duceds since the complaint did not state
facts sufficient TO form a cause of ac-
ton. Mr.. Lyon declined 10 amend the
and then appealed to the supreme court.
The opinion yesterday was by Justice
w M. McCarty. Chief Justice ]. p. Frick
and Justice D. \. Straup concurring. The
opinion first proceeds TO speak of tho
attempts OF defendants counsel TO Justify
the acts of the commissioners in paying
out the money and dismisses this effort
With the simple remark that the only
question at issue is the courts ruling as
10 whether the complaint states facts
sufficient upon which 10 bring the case.
The opinion then goes on to point out
that II IS not alleged in the COMPLAINT,
nor even suggested. that the county COM
missioenrs acted In bad faith. from cor
6gpS m9yes or WeTe In any ,hs Sense Sense Suey
ferrinG TO the laws which the commits
sioners violated in not advertising TO-
DIGS, the GeclSlon says.
Not Personally Liable.
I'VE fully agree with counsel for The
appellant (the county, that these proyi-
slons of the statute are mandatory and
should he at least substantially followed.
Manifestly the object OF The law Is 10
protect tho public against fraudulent and
collusive contracts.
In this case. however. the question of
whether the claim OF the lntermountain
Republican company for the publication
of the delinquent tax list was a valid and
not conclusive. For The purposes of this
decision we might concede that counsel
for tho appellant was correct in this
contention that the 1ntormountaln Re-
publican company. because OF the irregu-
laritles of the board OF county commits
sloners and certain other county Off
cials In falling to procure the pubica-
tion OF the tax list required by statute
could not. In an action of law, have en-
forced the claim here in question against
the county.
From this. however. il does not neces-
sarily follow that the county commits
sioners are personally liable because they
allowed the claim and ordered II paid
There being no allegation in the COM
plaint OF bad faith. fraud or collision.
mssloners. in allowing the claim and or
dcrinE IT paid acted in good faith"
The decision then refers 10 what il
calls the quasi judicial" functions Of the
board OF county commissioners. and saws
When Members Are Liable.
The purposes for which the county
commissioners may appropriate money
out of the county revenues arc dcsig-
mated by law and, when appropriated and
purposes, such appropriatlon is not with
out authority of law. though made err