Show FOR DOING NOTHING TUB OF SOME WOULD BE OFFICIALS js the ani of mandamus served on auditor writs of mandamus were on day served on auditor clayton at the instance of bolivar roberts and arthur pratt the governors appointees for the offices of territorial treasurer and territorial auditor of public accounts respectively both are alike in language and demands fe that of mr arntt alone will suffice and it is givan below arthur pratt auditor of public accounts for utah territory vs nephi W clayton de facto auditor of public accounts the people of the territory of utah to keahi W clayton de facto auditor of public accounts of utah territory bend greeting it appears by the affidavit of arthur P the plaintiff in his own behalf interested that beneficially fici ally the said pratton the day of march 1886 was appointed auditor of public accounts in and for said territory by the governor thereof pursuant to law and that on the day of march 1886 he took and subscribed the oath of office and executed an official bond sufficient in form sureties and amount and by virtue thereof was justly entitled to enter upon the duties office that affiant thereupon demanded of defendant who was then and there acting as such auditor that he surrender to him said office the books papers and other property thereunto which damand was then and there refused by defendant and that since his said appointment and qualification as aforesaid he has been and is now the legally constituted auditor of public accounts for said territory and that during all the time aforesaid the de fondant has boon and still is the de facto auditor of public accounts for said territory that on the ath day of february 1888 the legislature of said territory passed an act making appropriations of the public moneys of said territory for divers purposes and has become and is a valid law that among other things the said act provides for salary of auditor of public accounts for the years and 1887 that affiant by virtue of the facts aforesaid Tra is entitled to receive the said sum of money so appropriated and it was and is the duty of said defendant as deac fp auditor to issue and deliver to a warrant or order in his favor upon the territorial treasurer for said sum of money and that affiant the ath day of february 1888 demanded of said defendant as such officer that he issue i and deliver to affiant such warrant but the defendant there and then refused and does still refuse so to do and inasmuch ay alie plaintiff has not a plain speedy and adequate remedy in the ordinary course of law prays the court to issue its writ of mandate herein therefore wo do command you that immediately after the receipt of this writ you do issue as such de facto auditor and deliver to plaintiff the order or warrant upon tho territorial treasurer for said sum of money so appropriated and alleged to bo due him or that you show cause before this court and at the court room thereof in this cilcy and county of salt lake utah territory on the day of march 1888 at the opening of court on that day at 10 a m why you have not done so witness etc CHARLES S ZANE judge of third district court for utah etc |