| Show f it DEFENDS RAID ON 1 COUNTY hUs FUNDS Col B Booth o Seeks e to o Justify U y the 1 1 Illegal Payment to Re Republican Rei Republican i t publican Organ LYON ARGUES FOR COUNTY f MONEY PAID WITHOUT AUTHOR AUTHORITY ITY FROM COUNTY AUDITOR 1 The county commissioners who test last year ear handed over ever ov the county arid and advertising without calling for ten tenders den ders are an nit advertisement a asking for tender tendes fur lor all printing as OJ provided by law Jaw The TIe advertisement ement is ill I signed by Frank Heginbotham county auditor and Indicates that the th action of Job P Lyon in bringing suit to compel the return of illegally paW paid to the Ulc Republican orm has baa had Its moral er ef fu t The advertisement which appears In an out of the way wa corner of the party organ caRe calls for supplies or stationery and In Includes eludes printing and advertisIng It states tates that the county re er es the tb right rI ht to re reJect j et any anti and all bid and e Detailed Information U Ita at tire the theoffice office of th count county auditor In spite apito of o the fact fat that thet the county are taking the precaution to avoid further r such suits during Mr Lyon Lyona term of office their lawyer de defended d defended fended before betor Judge George Geom G 0 Armstrong yesterday morning he the payment t to th party organ of it GO for or advertising which the paper published two years be before before before fore when hen e ui il by tender for a little littleover littleover i over JOO The attorney for the commis commissioner and their bondsmen whom the county Is I suing for the return of oC the motley U Is Colonel Colon Hiram B Booth prest preel president j dent MIlt of o the t InterMountain Publishing company which by the rId raid on the treasury The Tile matter was before Judge Arm Armstrong Armstro Armstrong strong l on the hearing of the demurrer filed flied by th commissioners and their n This demurrer demun r was wai on Oft general genell genel l grounds Booths Sooths Contentions T Colonel t Booth maintained that the price charged b th t h Republican organ for pub publishing lishing the lists was wis not an sit exorbitant one and that the paper could recover in law lawon lawon lawon on the merits of its claim therefore the Onty could not recover the amount from the commissioners commissioner Further he ar argued gued gud that th publication was wa with au authority bority of law la as r tin thc county auditor had hadj hadI j I failed In his duty lut In rot tot calling for ten tenders tenI I ders rs as aa the law requires and the statute requiring th thE publication there was waa noth nothing t I ing left loft for th but to publish t t tn m A other contortion contention was wa that the th d dt nt tax lax notices were not notI or notices within the I I meaning of th statute Colonel DonUt r rail on the de df dedsion vision In the th ise se of Auerbach J Salt gaIt Like Lake ou it when a verdict was WItS given Ji n against th ty for furniture f cert HIi or of the commissioner were w re Interested ted in tie the tl sale I Ii S I 3 Lyon Disputes Legality i g Job P Lon the case cae for the county He lie n int u the county commis commissioners I in th payment pay lIt to the Re Republican publican ore or orSan an nail tto entirely I without authority IU a no o 0 Itra fv f r the publication tion of the th lists ha has hall been bt en lawfully made madl There wa was n 1 rg lei hut op 01 thin thing f ft for forthe the commissioner to o 0 nt cuye G r dor dow and bet WitS wes to h hv complied d with thc law That i the auditor hud act ot advertised was wa no excuse he h s sai sail 1 i u It is III distinctly th tho t duty of th the rs to see ee that ti t 1 t county counts entre lo in their duty Iut He tie also Iso J asserted aMert that by th law Jaw the commis commissioners 4 are arc not nut to nake inv nv pay par pa F until they owe nive been pa f i upon up n by the t county auditor and that official had l tn to do eith ith this payment 4 The Th argument of lie he attorney for the were rt perfunctory and in indicated 1 Flint he tt had bad n for forthe forthe forthe the purpose pU of f am ng litre thre After Aner hea hear lug Ing me Ins attorneys t for or nr h ile he county in ar at r rJ 1 J to Colo wi Booth Armstrong ii C took the r nth |
