| Show NEWSPAPER SUf SUIT IS 18 TAKEN TO SUPREME I COURT TO DECIDE Insufficient Cause of Action Against Intermountain mountain Republican Claimed The Jhc supreme court of tl state of Utah lah will wi have havo to decide whether or 01 not the thc 57 paid pall to the tl Intermountain Republican Re RO- Pu publican for Cor advert advertising 1st ng the thc delinquent tax lax list of 1908 was le legal 11 or 01 Illegal As far as tho the district court Is Concerned conCerned concerned con con- tho suit brought by County Count Attorney At At- torne torney Job P. P Lyon against Commissioners Commission Commission- ers John C. C Mackay James E. E Clinton V. J J. Burton and their bondsmen for tho the return of oC the tho money alleged to have been ben Illegally paid patti to tho Intermountain Republican Re Re- publican Is at an end Thc The end came caine Inthe in inthe ent the tho district distrct court this morning when Ju Judge ge George Geon e G. G Armstrong sustained a demurrer made by counsel for tho the defendants de dc- dc fen an ts A demurrer demurer was in line lino with the legal game that the thc defendants have played ever since the thc suit was brought on behalf behalf behalf be be- half of the taxpayers of o this county There have been demurrers answers ob objections objections ob- ob and a dozen other legal technical technical cal cat objections raised by hy the tho defense and andIn andIn andin in every very one of them they have lost until this morIng morning The case was wis calr called for trial before Judge Armstrong Both sides were ready The count county a attorney toney had summoned a number of witnesses to testify including the tho count county auditor and the county count treas treas- He lie le cal called d the former as the first witness winess and got as far as to ask him his name and his official business When he asked If i he was the auditor t at the time tle that the county commissioners approved approved approved ap ap- ap- ap proved tho the payment 18 of or for Cor the advertising nt of the thc delinquent tax list for Cor Salt Lake county for 1908 objection came from Crom II Ti E. E lj Booth chief counsel for the commissioners The Tho objection was in the form of a demurrer In the old form Tim The complaint did not state facts sufficient to constitute a cause for action acton and for over an hour the court listened to ta arguments H. H E. E Booth Both argued arged first firstin in support of ot othis his motion moton lie Hc was followed briefly by br bythe bythe the county attorney The closing ar argument u- u ment merit for the defense was made by Barnard Barnard Bar Bar- nard nan J. J Stewart special counsel for tho the defense Judge Armstrong Arstrong announced that he would sustain the tho demurrer which simply meant that the thc county at at- I torney tomey would not be permitted to Introduce Introduce Intro duce any testimony to prove the complaint complaint com corn plaint which he had tiled filed fed against the commissioners on behalf of the tho taxpayers ers of this county Five minutes after the decision of Judge Jude Armstrong had ha been announced Mr lr Lyon said that he would carry the tho case to the supreme court Mr 11 L Lyon on onI said I believe beleve that the was I legal Illegally paid to the Intermountain Republican Republican Re Re- publican that it I was wa paid without warrant warrant war war- r rant of law and that it was an excessive charge for the advertising ad of the tho delinquent delin quent tax list of 1908 I 1 have felt so ever since I J became acquainted with wih the facts in the case cas I 1 did di not file this suit with wih any personal feelings against the members members mem mem- bers of the board of county counts commissioners commission commission- ers or any personal feelings against the paper which received the mone money but because I felt fel that that it was my duty as county count attorney to protect the rights of the taxpayers I have not changed my feelings in the least I did not expect the decision which was wa given this mornIng morn- morn Ing but I have not quit my fight and an shall take the case to the supreme court I hope that that court will wl be able to hear the case before my term ten of of office ex ex- ex pires |
