| Show EGBERTS PRATT CASE FINDINGS OF FACTS FILED IN J H auditor hands 1500 t bolivar joberta in for his services in the case of B glivar roberts aurer va angur frait auditor the following fin dinen of fact and conclusions of law were filed in the third district court monday and will be signed by judge anderson An Jerson on hie return 1 on M aich 13 1886 the plaintiff was appointed the treasurer of tn territory of utah by the governor thereof and was ahrn and there commissioned aa anch officer that subsequently on marci 36 the plaintiff took and subscribed the oath of office required by gaii fagid executed an official bond with good an 1 sufficient sureties ai such officer fy jay territory of utah in the sum that being moro th tn one revenue of the ter eding the said appointment of plaintiff and in other respects condl tio e 1 HS pro aided by law 2 nit there ii 0 i said plaintiff da mand of james jack who was then and there acain as auch treasurer that he un tun t n ler to him fand said office moneys b ok anil other property thereto b longin yaa the in dignia thereof which demand was then and there refused by tha taid defendant that them upon on the day of March 1886 inaction was instituted in the said court by the people of the territory of utah on tb relation of WH dickson united states district attorney for said territory against the said Jame aJack to ex cae him from the said office of treasurer and to obtain judgment that the plaintiff was entitled thereto that afterwards such proceedings were bad in aard action chaton april 21 1886 the c urt rendered its judgment to th catt that the aard javiea had usurped aad was unlawfully holding and exercise fiig the functions office and that be be ousted and excluded and further abat abe plaintiff was law fally to said office and upon taking tha oath and riving tha bond required by law was lawfully entitled to hold use and exercise the aard office and receive the emolument thereto belonging that afterwards by an appeal to the supreme court court of laid territory by said camei jack the last named court by its decision in said cae rendered on june 19 1886 in all thinas affirmed the judgment of the district court that during all the time hereinbefore named and until the month of febuary 1890 N va clayton wis acting in the eaid office of auditor of public accounts and was at all the dares hereinbefore mentioned and until the de facto auditor and that said N W clayton had full know ledge of the appointment of said plaintiff to said office of treasurer said judgements judge ments of the district and supreme courts as afore said that the said defendant arthur pratt entered the duties of auditor of public he counts in the month of february 1890 and has ever since been and the auditor 3 that ori february the leg i l tive assembly of territory passed an act appropriative tor salary of treasurer for 1886 and 1887 1500 4 that on february plaintiff demanded of said N W claaton clavton ton as such defalto auditor and that he issue and deliver to plaintiff a warrant in bis favor on the territorial treasurer for he said appropriation but the said na W glapion Glay ion as such auditor then and there refused and continued to refuse afo to do during the whole of the term he was action as such auditor 5 that tle eaid defendant bartfai r pratt submit to the direction of tl e court in tins proceeding whether or nor be shall inoue said warrent 6 that on february 8 N W clayton as such auditor dt facto issued a warrant td cataen jack who waa then alie territorial treasurer for the laid appropriation of 1500 the finding of facts are that thal plaintiff was the legally appointed and qualified treasurer fer all tb e apar 1886 after march 15 of that year and for the year thai be is entitled to the appropriation of 1500 that he is entitled to a writ of mandamus to compel ane defendant to isanc a warrant on the treasury trea gury for 1500 that N V clay ton has no right or authority to his warrant for 1500 to james jack that it is the duty of the defendant to easue to the plaintiff a warrant au the treasury for |
