Show Legality of Utah Motor I Vehicle Fees Attacked in Welling Judgment Suit State Auditor Anderson Is Defendant in inAction inAction inAction Action Court Asked to Define DefineS S Rights Liabilities of Parties Legality of Utah motor vehicle fees tees was questioned in Third district court Wednesday as action by Secretary of State Milton H. H Welling Wellin for or a declaratory judgment on alle alleged d shortages in his acco accounts went to o trial Whether the 1 transfer of ol title te fe fee and fees tees for truck capacity increases in creases arc are justified by law was the point at issue Arguments on this score Wednesday morning were preliminary to actual testimony in the suit was expected to begin late Wednesday State Auditor Julius C. C Andersen Ander Ander- sen was as defendant in the action represented by Grover C. C Giles chief chic deputy attorney general The case went to trial before beCore Judge P. P C. C Evans Sue Sties for Judgment Mr rr Welling sued for lor a declaratory declaratory declara- declara tory ory judgment after alter he denied liability lia Ua- ha- ha to the state for to the amount by which Mr Andersen declared the secretary's accounts to o be bo short in two separate audits The court Is asked to declare the correct state of accounts between plaintiff and defendant and to define de de- line inc the respective rights liabilities ties tics powers and status of Mr rr Well Well- lag ing ng Mr fl Andersen nd ad the state As the civil action began the secretary secretary sec see rotary awaits trial In district court courton on a felony charge filed In connection connection tion lon with the Ute same array of oC alle alleged ed shortages cs City Judge e M. M J J. Bronon Bronson Bron- Bron Bronson son on is expected to rule on a demurrer demur demur- ncr to a second charge Friday Must Face Trial I Alter After a preliminary hearing last weds Judge Bronson ruled that Mr Veiling must lace face trial on a charge of fraudulently presenting a false claim for or to the state board o of examiners in 1931 The second charge In which the judge took a defendants defendant's demurrer under advisement accuses the secretary sec- sec of oC falling failing to pay over to the state tate treasurer in fees ces collect collect- ed for Cor transfer of motor vehicle titles titles collected between en January 1 i and June 30 1933 John Jensen and C. C W. W Wilkins attorneys s 's for the American Surety company the secretary's bondsmen S questioned validity of motor fees lees Wednesday They arc are associated L with Herbert Van Dam 1 Jr counsel counsel L Lor for Cor or Mr fr Welling Yelling in the civil action The alleged shortages arc said to tc occur in motor vehicle accounts Apparently the motive for questioning ques ques- tl ti ning legality of the fees lees was to tc determine the extent of the bonding bonding bond bond- ing lag company's liability In event the thc court should hould adjudge returns from Irom these sources to be short Attack Authority Bonding company attorneys held L that neither the 1 transfer of title fee tee nor the fees for truck capacity increases are arc specifically authorIzed authorized author author- b by statute Admitting that this might mig be so Mr l. l tilles argued that legality Los for th the transfer fee tee was implied by statute Whether trucks may be licensed under unde the statute according according according accord accord- ing to actu actually lly measured tonnage or whether the manufacturers manufacturer's ratin rating rat rat- in ing must be ac accepted was a matter matter matter mat mat- S ter for tor the courts to decide he said Mr Giles Cues pointed out that whether er cr they are arc re legal al or not these fees lees were charged as the practice of ol the motor vehicle department for several years |