Show 5 I MALFEASANCE CASE DISMISSAL SOUGHT PROVO July 30 Dismissal 30 Dismissal of ot th the complaint against members of or th the Provo school board charged with ma malfeasance mal mal- in office oHice was taken under unde advisement by Judge A. A V. V Watkins Watkin after hearing a demurrer argued i in inthe inthe the he Fourth district court Friday Fliday The complaint filed by County Attorney At At- torney orney I. I E. E Brockbank asserts that tha the he malfeasance in office consists In Inthe inthe the he boards board's payment of ot attorney fees ees to Robinson Robinson for legal lega services rendered for George Startup and Ole E. E Olsen as individuals an annot and not as members of the board of tion ion The demurrer argued Friday by J. J W. W V. V and J. J R R. Robinson stated that suf suI sufficient suf- suf facts to warrant the removal from rom office of the board members member were not set forth in the petition o ohe of the he county attorney I The two attorneys arg argued ed particularly partial arly that the payment of was wa for or services rendered to the men a as board members and aDd not as individuals They also stressed the point that tha wrongdoing in office must be mal mall mali claus clous or corrupt to be a cause fo for removal from office Mistakes are made by officials in office every day it was argued by J. J W. W Robinson but before there i is malfeasance there must be a conscious wrongful intent proven The was paid to Robinson Robinson in a Utah state supreme court ourt case in which ouster proceed Ings against Mr Olsen and aDd Mr Starup Startup Start Star up were thrown out and they were retained on the board Although Judge Watkins did no not state late when a ruling would be madon made mad on the demurrer it will likely b be made next week The matter was wa taken under advisement to give him opportunity to checkon past cour court proceedings on s similar nilar matters |