Show TANNER IS NOT STATE ENGINEER SO Says Attorney General in Answer to Suit Snit NEVER LEGALLY APPOINTED AUDITOR IS PREPARED TO FIGHT SALARY SALARY CLAIM i I A General M A Bleeden A 14 has hi the answer of State Slate Auditor JQhn A Edwards In the suit of Cal b Tanner who is endeavoring t tO to e due him from the State o of Utah for his hIM services service as state from nd March Ii 15 1 up to ud March arch 31 Thi IMi Auditor RIchards refused to tI a warrant for br th amount claimed by who wh thereupon Drought brought auit It lu the district to compel ance Attorney General Breeden not DOt opposes th of the warrant for forthe forthe the a ot claimed but alleges in the that hat Caleb Ta r was never legally appointed state stale engineer engine r that uhe he has unlawfully Intruded kin him self Into said Mid eMet and aM unlaWfullY I holds buMs thu same saint Attorney Generals Claim In explaining tb this portion of tM the alt an alter ewer er the attorn attorney y general said laSt n ht I Tanner W ws nominated for the or of state en engineer neer March S Itoi IOL by Governor Cutler under thE terms Q Of the old ok statute The following day th I legislature repealed the old and I into law certain irrigation one of oC which provided for th appoint ot of a state The governors nomination under the theold old law was clearly void as tb the law had haden en re aled He made mad no however under the na new stAtute The n nomination under the leil statute was Vas This d does not Int mean an of course that State En gimer A F la sUit stilt in n as his expired with the passage of the le legislative bill and Tanner be lame de facto engineer At any time the governor tan can ap appoint P point under the De new laW and Itis appointment wilt wUl become I effective What we are fighting m n Tanners suit is the salan Item Text of the Answer The answer has bas not yet been filed It follows in full fuU First No cune cumes the and the affidavit and of tile relator herein and for Ute the purpose If bf wh why O pereMptory writ rit i issue u denies admits and as follows eh a sad every allea tIn iii the affidavit and aM petition for lor AU an writ of mandate inundate sad aDd deales at j h and every allegation in the suid 4 I 1 tn writ of save QC as aa here bere berel hereafter l after admitted that the said Mid re reitor f Ca Cab Ib b held heki tM the office 0 of te en cil fur for the state stat of and was as on en to the ft wt mid Id oftie front and aDd including the day of f March up to 4 the cla fa o of Marh r N the dJ U which lit hI pretended to and exer C the o of sid raid office if all any part there vi it Cut alt all Denies Salary Claims that there is no due the said relator eal Caleb b Tanner the su sum t or o t one hundred dollars ad 3 x cents or any Dt r mount over and above bove the sulo of oC V dollars and seventy cents cenus I l 0 If any amount at alL aiL that he han refused and ed and still refuses tu s and neglects t issue A warrant arrant in favor of said Ca Cal Calub l lub b Tanner the pretended state en engi 1 Ther er r the treasurer of the state Mate of oC 1 Utah tall for tor the amount he is h Ie legally all en entitled titled d to th the la law but has been t all times and i is now ready and willing t 1 issue his bb warrant for th the amount I lound due as salary of the said stid Tanner and the day of f March fa h to the flat lIt da day of 1 the SUM of 19 if any amount bot be found due and aDd owing And for a further and affirm al je ht defense aud answer f to the th relators And affidavit herein for a l per peremPtory r writ rit of mandate too the defendant alleges AS tOllo follows us t the da day of March 6 the governor or of the state of 1 Utah tall I Hid iid nominate and attempt to appoint the relator Caleb Tann r to the office or of state att engineer r for the of Utah tah I rut tur and during the period of four years I that on saId saki day there was no in the said aid office ut of state e engineer teer for forthe I the hl state of but It was itS lawfully held and occupied by A F Dore remus a as I state engineer the for tor which he be had been n duly appoint appointed and confirmed t not having hain expired Nd on th the said tk h da day of Iu h 5 the state legislature i lature then 1 be t ti i irig g in seaton passed an act the tate state under which the governor had to nominate and appoint th said taid relator Caleb Tanner to the said office of tate ef neer and the said aid gO gov on said da day affixed hi his approval to said act and filed the g same with the sor ec I f of stA state te according to Ia law on the SId said Ut th day dy or March b the state stat senate attempted I Ito to it confirm the said relator Caleb Tan Taner er as state engineer without t the said d having again nominated him t the office of state stat engineer as Ii It now cista under the laws of oe Utah or of l 1 Never Legally Appointed the said ad relator Tanner bas baa never neer bt been tn legally 0 or other w tise is appointed or confirmed as state i mi the state of und and has r 11 right to the possession of the office of If state engineer nor to the emoluments n to ald office That Oft on onI I the day of o March aft h l 1 i said Aid relator Tanner prete pretended to take and did and subscribe to the oath of Q of by bv law Jaw to be taken net nd by the state stat of this thi and filed the same me in the office d f the secretarY of the state of Utah as hs b law on the flat daY d of 01 March tarch IOS and from l thence nce hitherto the said Caleb Tanner ins been and nC now 1 in the Ion of said Id office of state Hate engineer in and for the th state of and claims to and does Eli Cl functions and claims claim and tnt but t defendant avers ann annand and char charges that the said Tanner t the hf said office and has no right or legal Jept authority t tu the function t tr there r f nor to t the duties of said of 01 ofa 11 a or gny ny of t them m and that he has bas Int Intruded himself into said Aid of fAce ice and now unlawfully hold the same me Wherefore the defendant pras that the writ o of mandate herein rf in be bedi di gad and for tor the costs ot of this ac action actiOn tion and the tite said defendant further do de manda mami judgment that the said sst Caleb Tan TaD per 5 nOt DOt entitled to saN said office of tate state d that he be there from by this crt COMIt and fer costs x M A BREEDEN BREDEN AttorneY General for Defendant State ot of Utah County Count of f Salt It Lake J I A Edwards being dul duly sworn upon I oath oah s says 8 that he I lu the iii 11 the bove Action and ha hag heard heerd read lId the fo foregoing oin answer and the tents ther and that the same is true except tho those e things stat Oft on tion HOD and as to them he be It to tobe tobe be true truc JOHN A EDWARDS Sub Subscribed and sworn to before me lite this tate 1St dar da of DC MaY INC GEORGE B SH j NotArY |