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Show " MAY UTILIZE PUBLIC " ! FUNO TO PRDSECUTE i Supreme Court Declares Action of Commissioners Commission-ers Is Legal. County commissioners in Utah may use public funds in .rospcuting officials charged with failing to pcrtorm thoir duty. This is the substance of the de-c.isi'nii de-c.isi'nii Imnded down yesterday by the supreme court oi' L'tuh iu reversing the court o' Carbon county and remanding tor a new trial the caso of Carbon county, coun-ty, renoondeiir against Willimu T. IJara-lfton, IJara-lfton, Benton .Randolph. Joseph R. Wiarp, county cominissiuin'is, and the American Surety company oJ: .New York, Illinois StiretV company, 1. V. liklcjohn, Neil M. .iadsen and T. 11. Thomas, bonds-ui bonds-ui en. Carbon county, as a corporation, brought the suit :igainst those defendants defend-ants to recover money alleged to have been disbursed without leial authority. In answering, the defendants said that in 1912, 1913 and 1!H4, C. C. Ale-Whiunev Ale-Whiunev was county attorney and Thomas' h Lvelter was county sheriff. Tlie defendants alleged that them officers of-ficers had failed to prosecute gambling and gamblers which they said were active, ac-tive, although the commissioners had requested tiiese two officials take action. The commissioners stated that they had appealed to the state attorney for aid without avail. J u the premises the county commissioners commis-sioners then directed one George X. Hill to institute proceedings in his name both against th-3 count v attornev and the sheriff. ' Tho county attorney vraa of necessity neces-sity disqualified, so the commissioners employed counsel and paid the attorneys from the county funds. Carbon county filed a general demurrer to the answer and the district court sustained the demurrer de-murrer and entered judgment against the defendants, who thereupon appealed to the supreme t-ourt. |