Show FHEAUOITOR ANSWERS Proceedings In Mandamus By the Police Officers of J DENIES MOST ALLEGATIONS + I CONTENDS TK 2IEN WERE NOT IDLE WHUT SUSPENDED t Jury Keturns Verdict For S750 Exemplary Ex-emplary Damages Against Dr Ni1ezMrs Wagner Alleges Cruelty Cru-elty Question of Jurisdiction Before Be-fore Justics Nielsen Short Orders t An answer was yesterday filed by City Auditor Swan in the district court to the mandamus proceedings started by the police officers who were recently reinstated by a decisions of the supreme su-preme court In the mandamus suit the officers seek for an order or the court compelling tM city auditor to issue to them a warrant for 2530 the amount or their salaries from the time they filed their original suit until they were reinstated In the answer all the material allegations allega-tions of the complaint are denied except the fact that the ofilcers were dismissed and afterwards reinstated and the various acts of the mayor and city council in regard to the matter are cited It is also set out that when the petitioners were dismissed other men were appointed in their place and these other men performed the duties of the offices andjVere paid for it It is also allegad that the petitioners abandoned their former positions acquiesced in their removal ad obtained employment elsewhere Such employment is set out I as follows Matt Rhodes special police officer at Pocatello at a salary of 75 a month Frank C Wire book agent at a salary sal-ary of 80 a month Geoige R Raleigh guard at the state prison at 85 a month J A Busby miner at SO a month n L iShalmon grain merchant at 85 per month w E Carey farmer remuneration not stated T J Everill and Horace A Heath employment not stated It is then urged that the amounts so earned should be deducted from the sums they sue for and which they would have earned had they been on the police force It Is further set up that no action has been brought to determine the legal title of the petitioners to the offices and that none of the points urged in the present action of the petitioners were determined by the supreme courts ruling rul-ing in the former suit It is then alleged that no appropriation appropria-tion for the payment of the salaries sued for has been made by the mayor and city council that there is no money I in the city treasury which can legally be applied to that purpose and that the 1 auditor is notallowed to draw warrants upon the city treasurer for any sums unless the same has been appropriated I for that purpose by the city council and the mayor The defendant therefore prays that the action be dismissed Messrs Richards Varlan have been engaged by the city to assist in defending defend-ing the case |