| Show COURT SUSTAINS WELLING MOVE I OVER DEMURRER i State Has 10 Days to Amend Complaint in Felony Case CaseI I 1 A defense demurrer to a felony charge charse accusing Secretary of or State Milton H. H Wellin Welling of or falling failing to turn 1 I over to the state treasurer worth r of motor vehicle fees was sustained by City Judge M. M L J. J Bronson Bromon Thurs da day Legal merit mci-It to the demurrer is sufficient suf sur in m my opinion to warrant sustaining sus sus- taming it and requiring the state to amend if possible to overcome objections objections I by defense counsel Judge Bronson said The demurrer was taken under adI advisement ad ad- I after a preliminary hearing last week The court gave no written opinion Civil Suit Under Way Decision in the criminal action was handed down while In the court of District Judge P. P C. C Evans in another section of or the county city building lawyers were arguing Mr Wellings Welling's civil suit against State Auditor Julius JuliusC C CS Andersen for a declaratory judgment judgment judg judS ment on alleged shortages in his ac accounts ac- ac counts The secretary must face trial on a second criminal charge however Judge Bronson ruled last week He was bound over to 10 district court after alter altera a preliminary hearing last week for tor trial on a charge of or fraudulently presenting presenting pre pro to the state board of ot examiners examiners exam exam- iners s a false claim for in favor vor of Mrs Golda Richards wife of Harold Harold Har Har- old P. P Richards a former state em em- State Given Ten Days Ten days were given the state Thursday to amend its complaint to which demurrer was sustained County Attorney Harold E. E Wallace said that thal he would confer conler immediately immedi with the district attorney and attorney general to determine whether an amended complaint should be filed If it is at all possible to overcome matters raised in the defense demurrer demur demur- such amendments will be made the county attorney said Meanwhile in the secretary's civil suit his cou counsel el attacked the bases o of audits showing shortages totaling 23 in his accounts Contention Thursday surged about the admissibility as evidence of triplicate triplicate cate receipts written in the secretary's office Attorneys for Mr Welling held that these were inaccurate and not permanent records No decision had hatt been reached at a late hour Audit Structure Involved Should the court hold the triplicates triplicates cates inadmissible the structure of the audits would be endangered It appeared Thursday that the plaintiff plain plain- tiff tUl had won the first round of or the civil action when Judge Evans handed handed handed hand hand- ed down a decision on legality of or 1 transfer charges for motor vehicles The court held generally that the charges should not be made John Jensen attorney for the American Amerlean Amer Amer- lean ican Surety com company an Mr Wellings Welling's bondsmen associated in the case cas said that all of the 1 charges listed in inV inthe V the questions had not been made by bythe bythe the secretary More than half hall of the alleged shortages he said were made up of money the state auditor admitted ad ad- had not been n collected but which the auditor contended Mr Welling should have exacted I Truck Capacity y Factor FactorA A third question raised in the civilI civil I suit was whether trucks might be licensed according to actual capacity or according to manufacturers manufacturers' specifications specs specie under state law J Judge dge Ev Evam Evans Ev- Ev ans am had handed down no decision on this matter late Thursday In Mr Wellings Welling's suit he asked tle court to determine the correct state V o of accounts between him himself ell as the plaintiff and the defendant State Auditor Andersen To Define Rights nights The court also was asked to define the respective rights liabilities powers powers powers pow pow- ers and status of Mr Welling Mr Andersen and the state Decisions on five questions concerning concerning con con- transfer fees were handed down by Judge P. P C. C Evans as court convened Thursday They r were re 1 me The 1 l 1 tee ice is 15 no not chargo able at the time when plates are Issued is Is' is- is sued 2 2 At times when no plates are issued issued is is- Is sued the 1 transfer fee cannot be charged where there is a change in legal owner but no change chanse in registered registered registered regis regis- owner 3 The 1 transfer fee is not chargeable chargeable charge charge- chargeable able where there has been no prey l ous registration of ot the vehicle in Utah 4 In event of a transfer of ot title or or interest by operation of or law the 1 transfer fee required to be paid if it the transfer comes from the lega legal owner The fee must be paid if it the transfer is from ti-pm the registered owner 5 5 The 1 transfer fee is Ls Is not chargeable chargeable charge able where there has been no change ch in either cither tile the e legal or registered owner owner own own- er of ot the car but where there has been a change merel merely in the motor lof of the car ear |
