Show FINDINGS OF FACTS Conclusions of Law in the Rob elts Pratt Case I I ROBERTS GETS THE SALARY The Auditor Must Hand Over I Warrant fo Sl500 to Him In Payment for Services In the caso of Bolivar Roberts treasurer I vs Arthur Pratt auditor the following findings of fact and conclusions of law were filed in the Third district court yesterday yes-terday and will be signed by Judge Anderson Ander-son on his return 1Thaton March 13 1SSG the plaintiff was appointed the treasurer of the territory tory of Utah by the governor thereof and was then and there commissioned as such officer that subsequently on March 16 1SSO the plaintiff took and subscribed the oath of office required by law and executed an official bond with good and sufficient sureties as such officer to the territory of Utah in the sum of 105000 that being more than onehalf of the revenue of tho territory preceding the said appointment of plaintif and m other respects conditioned condi-tioned as provided by law 2That thereupon said plaintiff demanded of James Jack who was then and there actIng act-Ing as such treasurer that he surrender to him the said office moneys books and other property thereto beloging as the insignia thereof which demand was then and there refused by the said defendant that thereupon there-upon on the 19th day of March 1SS6 an action was instituted in the said court by tho people of the territory ot Utah on tho relation of W H Dickson United States district attorney for said territory against the said James Jack to exclude him from the said office of treasurer and to obtain judgment that tho plaintiff was entitled thereto that afterwards such proceedings were had in said action that on April 21 1886 the court rendered judgireal to the effect that the said James Jack hau usurped add was unlawfully holding and exercising the functions of said office and that ho be ousted and excluded therefrom and I further that tao plaintiff was lawfully appointed I ap-pointed to said office and upon taking the oath and giving the bond required by law was lawfully entitled to hold use and exercise tho said office and receive re-ceive the emoluments thereto belonging that afterwards by an appeal to the supreme su-preme court of s id territory by said James Jack the last named court by its decision in said case rendered on Juno 19 ISSti in all things affirmed the judgment of the district court that during all the lime hereinbefore named aud until the month of unt February 1890 NW Clayton was acting in the said office of auditor ot public accounts ac-counts and was at all the dates before be-fore mentioned and until February IbJD the de facto auditor and that said N W Clayton bad knowledge of the appointment appoint-ment of said plaintiff to saidoffice of treasurer treas-urer and of the judgements of the district dis-trict and supreme court as aforesaid that the said defendant Arthur Pratt entered upon the duties of auditor of pubhu accounts ac-counts in the month of February 190 and has ever since been an 1 now is the auditor 3That on February 7 l8aS the legislative legis-lative assembly of sid territory passed an act appropriating ufor salary of territorial treasurer for 1BSG and IbST 1500 4That on February 8 1883 plaintiff demanded de-manded of said N W Clayton as such do facto auditor and that he issuo ana deliver t plaintiff a warrant in his favor on the territorial treasurer for he said appropriation appropria-tion but the said N W Clayton as such auditor then and thero refused iud continued con-tinued refuse so to do during the whole of the term ho was acting as such auditor 5That the saiddofendant Arthur Pratt submit to the direction of the court in this proceeding whether or not he shall issue said warrant > C THat on February S 1SSS N W Clayton Clay-ton as such auditor de facto issued a warrant war-rant to James Jack who was then the territorial terri-torial treasurer for the said appropriation of 1500 The finding of facts arc that the plaintiff plain-tiff was the legally appointed and qualified treasurer for all the year ISiti after March 15 of that year and for the year 1SS1 that he is entitled to tao appropriation of 1500 that he is entitled to a peremptory writ of mandamus tocDinpol the defendant to issue a warrant on the treasurer for 1V100 that N W Clayton had no right or authority to issue his wanant for 1500 to James Jack that it is the duty of the defendant to issue to the plaintiff a warrant on the treasurer for 1500 |