Show I 1 OUR CITY RECORDS investigation delayed on oil a technicality nica lity mandamus quashed lied fresl proceedings ce cc to be instituted the pat pe iliin lor for a I 1 arlt rit of 0 tory fillad units against three 1 ol of oar cily paul arilo tiler treasurer iraq lubirl audit nd ad john it II win ice Ast insor ring them li 0 oron open their books to lo in EPEN 1011 wn wil muaril before ilia iloner honor jud guilfo 10 in yesterday insign sutherland tho the on the part of tile city nod sali sal I there clero o 0 I 1 U clements john 1 11 U lnier tile the F faino bilal ott lor ail anil 1 the emo linit ii nit robert Carup campball ball hot bat as nearly the iha tame were busted in ill all three eipl lio agents lie ito bould argue alir ui together ile bovel unit that tile court bush tile wan uno damus on three gro in 13 birtt fiatti ile 1 romo collie tho ile proceedings cicro irregular and void second boc ausit it doell not licit appear that ilia writ lug ilia lists horn duly tend rind third th alio 0 merits odthe ol 01 alio cabo la arguing the first drat point toc council cited elections to lia of the practice net act wll wh eh ch apply appl y to the cass call on hearing the writ had boon i anol from ilia hio div tact brict court and wn was made it at application for tile tho writ IM hasi broa been nudo in coult it la is in la cont colit and it is i casba able out of court no he cited a car florou caw aal made sri n ClA elaborate borate Ar gramont to lo show bow that a refill relation reli tion 0 n for fora a is iii a pull fiill lie also ed by if tin I 1 t cit it ion of nn rin meron meroni buthorn ties I 1 I 1 at the right exists to isoo ft a out ot of court during term time anc the council until ii s argument on this ground vai ism ilia able and but has bm no DO special to the genera reader taking up the second point in bit hi arg lie allowed alleged that tant it does not that the writ has haa b arca aea duly 0 6 0 na As to tho the reton jent to comply W wiatt th it il the com coin mana is n that aou 13 oil do bermit tile enil cridis 10 disko such euch copo toil memora me moraida tda of the aforesaid records lie ho may choose clio oso ti t make or that you ou show chuo why you havo not fo done carilee cian I 1 he la be proved eaily of dis ky by remaining silent as ai ho be lg las when nothing is n p to show thet ao an opportunity lias has ocoa him to comply nith the writ before a peremptory manda mw mas can I 1 issue it mast insist be sh show ovill n that tho his haa wen hen galty ot of boE 1 hOwn thit perlor performance mance L hs been arid rolus rd it due dua to him that talat tho the option bo be afforded to comply y or re fit 0 O the councel ciuni cl acil liero here lor the that it if these pra linit grounds pron nils were nero litlie to I 1 cju quash dary sh file alternative lamaism lama imm it not lor br neco sary to lo KO go iota into the merits of tha ilia case 0 mr it N h bisun alkin in of f the petitioner poli lionor devoted some timo time to re rc futi full ig tho the set up ilythe op coite poite COU counsel Isel on tho the til of making the bo writ in io chamber manch is I 1 stela he bo pronounced it i more or practices anil and lie ilia argia moi met t inside lu in support at I 1 not act ios besing bes ing dignify to car tile it 0 to o on u ettz brug 0 a california case cited ly by liis his opponent tle the CUD l eitel that wn w 11 a i molion to lo ani li 11 nn all mun mian lamus LovA uso no ito dedi isid anil 1 I baja in mule ide lilt but the pOLI in tion shows shown tint thit a bernand lui hall been made alade by tile ilia I cuir liport the ibo ro are aal nl tile demand iloni toil wn art acas cd Su no answer it i d been flolo anil and t tho b 0 respondent does not conie into court to ca cabibo eliy A by ienco has not boca rendered the court can only be governed by tile tho face of i lie ho papers alfr docs no cot 1 tho the ulo life provide ro vitlo that judgment cannot bo be ron lored by defaun mr Ba bilics yes but it AN biln I 1 pr pro 0 vides that tho the ca ciro ahall be tried u upon poll tho the papers rl cri filed vs faith I 1 tl I 1 tile the call court rt it if tho the respondent hoi has not upon tho the face of the lie papers the court has tho the to promptly make an order that be tie ilo lii ibis is thing fald ra id that subsequent to the ibo bervice of 0 tle the writ it wn WAS lacco osary sary to give tho the respondent no ilia to perform the service required arcq aired anil ani tho the plaintiff must mull do what n t afford baca that option A complete to ibis no such opportunity lial isai been presented to him sir baskin to make th tho a answer complete jou must say on aro willing I 1 t 10 0 the service borneo required requa red als alio fiatal to perform the service tarn eo on a formal demand as shown show n in rho bo papers ii a sufficient reply to auth arguments it tho the partes R aro to ready to comply with the writ it is 13 their duy dut to bo here to show aw lucar wiling no nos a mr sutherland claimed clai meil that tho the plaintiff had not a brillia awe ilci caso case lie HB bad not dist performed a bubee quirt daty VM vitis necessary to justify jussif y tho the issuance issi ince ul of a ferem peremptory atory manja mandamus calls respondent hiis as not requited required by this writ ti ta show coast cans why w by he ha had refusal service at so we other time but why ho be ba baj 3 crofit sod at or after the ibe service arac of the writ chica justice juaice mckeon delivered an elaborate opinion in which ho he to review v ie w ell ed the arguments ot of counsel Cou nigel on the question lon of making the writ return wei ab 0 o iu in chambelis chum Cham beis lie he held 31 mr r Sut herlands rendering of tile ilia in law w to be unsound call overruled od the iho arst point on the second point hu his honor that the iho writ corn to permit ertain CC things oga to 0 o bo be done or tj show cause ile is to he be passive pis siro he be is if not required to ilo do a thing him alt if but he be is to lo permit it to bo be done dona it wax claimed there was no were tile court to aci ho he liva bis 1101 permitted it to be done flie alio petition tiou that at it the igaac of the writ the respondent had bad refused 1 tho the demand made upon ulon him lias lie liucc consented this thourl IJO bo mado made to aPt lear tile tho court could not guese at that thure must bi be li fo billow flat lio lie lin las done no be upon the lie arguments so go IM far presented ranio rc nio his bis honor Is the motion I 1 ti quamby horn a recess alas till 0 2 ii in EEb aioN on ming tie cases cibie 1 mr I baskin liis lvin read the answer to the sets forth that auit thi 11 3 ro JO is ii treasurer of tho the city of salt LIO LAD arid and liis has charge of tho the bucks bools aul aud roc ord of sil said office that like writ islas bers cd upon him by ao an ollier the Plat not aking prec nis that no then mado on LIS liia behalf tor for access to the iho looks books an a cus cust toily otly of rho ibo respondent and DODO has buce beira mado null and herco no DO 7 tas has been lim him to 17 with the mandate tito tho counsel tarl this involves a great quo tim at if public right and li he hail had hoped cheit csore would be boA 1 it wy ivi il an n beer filed by vi 11 inch id an 0 ibue is ia wa 1 to bo be coill avoil To ill oi Is this liis alswor a 11 adults sion noil of tho the right or a dentist 0 of it or jr is it a mero chai buo r of the iho quellion qu elion jujen mckean wai iraq it tho dilly tt of your lour client atler the bervice toi Fer vice of the iho writ ti 0 imly apply tor for Lic lickess cess to in tho the books mr air ra ramil hui mil a demurrer does docs not in III fc W an air alternative writ of manili nu iho can only lo be 10 con loto i by nn ja in and peremptory vints MCA ol of mandamus are of if frequent occur rotten our code lire was ides flor an aa ani biver what is ia le ilia called upon to answer to tito cacti pre inc lo los in tile 1 W we lioi him to 10 tie do a cortani cc rtin lill C ILA ailt he n tl ti perform the hinder anscer khouli bo bet io in such a as ai it if this wore it complaint win nut our richt perfect f t when this affidavit was waa maom alei lie ac in required to confess aud trofi L ito iio plea floal I 1 iu in ta in liar bar ol of what pill a t why in liar bar of oar right to 10 do such and distich a abio abiog 9 utan on if ho be comm canies now nicil all confes ell lis lii willin willing to 10 camily it loa does lot late bialo our cast cases the court might a alay atily proceedings art ami say my wo ira arc to willing to trust ion on and try or go goon on and perfect file ill row of compol tiou mica the couns read from au abor on relt irlas to nian iiii lann if the falls aila I 1 ti in bar or present In scot facts if io the nature nitaro of 0 a domi arrer then there N M not thoung liing to chow in con of our mr right of action accrued vs hen applina lioti lien wai wa made atoil aal refused an answer to to lio hiorth anything nn thinK contain an allegation of u cow t vo via isei go to lo morrow still and rn ira 8 crit should refuse if 11 ito ho in contempt an cron nut be having rafla ed R hoo ben my client applied arp lid ho he is in fault ithe dna nothing lo 10 a remove thi llila the mandamus mut must bo bo followed it peremptory mandamus wll will re council declare upu apart t their heir lionor bonor flie t their C bionta ares are really to yield obedience jhc thc alicy 7 do rot gedid Is norgo pt go through lb roub the ide ceremony if again demanding doman linB acce iii tj ti the ibe books chiq his has been once if the parties will frankly admit our right noil nod cilc ago their word clial rights abil tin bet no longor longer ob we this litigation w will ill end ilia iho cotlon iho flie fail snit tro oro no ob object jot wo lie oro are merely ts esting ting a great public right mr orlind said aba owing owina I 1 o 0 the boef recess lie be hai had coti fined hi him M self ein 10 the of a fact wh which ich lie regarded as n complete answer to the writ ilia his reply WM not evasive it could not be ba fairl fairly b by y any hard name iso lio hal ha put it in good evl faith when a writ ig ignoll noil the party parly to whom it it l if i not dot sum nam monad to 10 clause aby he kohere has re r it a C I 1 11 prior sluty duty but bat why he refuse acl bacs a to do bullat bat 1 u com commandos comman mandel doi by thi no opportunity hat laibson boon af him bini the writ requires nn an act to bo be dono 1000 which cannot bober bo per for formell meil by the respondent alone mr the answer ii n I 1 biec it shows bowa no willingness to lot comply with tho the writ when an ail act is ia to be done concurrently to be mail show how im ills willing noo to perform pr form his hii eluiro taro tho the act mil n ill tale take months to perform it if they ibey interpose t oas while this july duty it being performed they would then bo be sn in con can tempt upon the tho completion of ilia argument ids his honor that he give giro lis his at fire tho the following it H the alio decision cecii ion or OF I 1 ahw f courtland Courll nd C clements t 1 at Charo bM J 6 14 raid A batler f 00 this is ii a motion for a 0 i peremptory writ of manda musi orts oa the return of on an ani i sucic ag the defendant on he application on or of t 11 ho 0 1 it N baultin for ilia hie motion diction J 0 sutherland and Z snow 01 orp 3 ocl C I 1 mckean i K m cu cn J rho alter alternative nativo writ or a f contained the fol lowing recitals recil ts anil and mandate iuan jato to wit whereas it manifestly apodara apri cars to us as by tile of 0 CO clo wenis mails alio llio a plaintiff nal call the pirty bencil intern teil tea licinio licie io that luit you yon is 13 tuo the treasurer ot of silt lake city in said territory refused to J i or cr wit mil the said clements on oa dent autt majo by him on you you at jour pit bi I 1 a in taid baid city on tho the day kiy of apel last la st lor for that lint purpose por poso to mike make attracts anil and copies ol of the records of saivii city in la your charge as treasurer thereof aito alio slid clements at the abo timo of making maliff such di demand danl awing bein a taxpayer and elector ot baid oil city ami ai a that the lio eimil Clo has hai tie no anil si dequito in the ordinary course ot of liw law ther fore we do com manil matill you blat immediately after the rea capt of thi tin a writ you do permit the caul clement atau torn 0 miko 0 such copies borics and memoranda ranji ot or tho the records in i io your bonds hi iDila as bo be may chloo I 1 o like 0 or t I 1 that hat you BLOW cause boft 0 ac a it t ac aci on odi ko 2 wily why you yoa have not so 90 done tito tho defendant glod filed no aa amm or alleging L that he is and was waa at the corn com a liou treasurer of ho be city of sill salt aake io in the county of salt lake in faid territory nod and tho the boots books ond records rc corila to 0 o said daiil office II I 1 that tho the alternative writ ot of mandamus wasi wai amod on this bis defendant lynn officer that tho the plaintiff was not present t lit tuch service and no r request in d hu behalf was waa then modes made and none hm has aina been made by or lor for liin him lor for orce accia 8 to tho ilia records and books Treasur treasurers ers nr has any opportunity been afforded tho elio defendant to comp comply 1 1 will the said writ since macoit it was iss ica 1 an alternative arit antol of mantl ammil issued fo EO that tho the pal pa ty ly to whom it it directed may have hava it in lis power to ir everit the issuing or of a peremptory per emptor y inan mandamus damus ly by doing the ibo thing ind caled in lila caw case at lar bar 10 tho lo thing to bedone be dona required reu iral the 0 both the iho the defendant that ii a to say any action on tho the part of tho the plaintiff aull and permission on oa the put pirt ot of the defendant viere both requisite the latter ws wits to permit pern it ilia lie former to make copies I 1 of f certain records altet alter the of tie writ hut but it was waa ni part par t of the 1 a duty I 1 y to lo carry those records 0 billit to I 1 abo h plaintiff plain liff nor 0 r to seek tho L plaintiff plain dd ra botito i it liim i ti al to repair to the office of tho the defendant and copy file records it is clear there not disobeyed d I 1 tho ilia alternative mandamus inoa and that being so BO the motion lor far a peremptory mandamus is overruled overrule 1 liko like in in ia clomenti lati T va winders anil and clements vs campbell are arc also overrated aled |