| Show CASE rile Latter Makes It ai to tile the Facts Deseret News New te 11 It has hili been published In this II that Judge Judie when ahen probate Judg ot of this county count lI some ne years alou ago had a thy l cOUnt p pans II a rule fUll m lag Ing hIm supervisor of county affairs and I fixing his hla salary at 1250 a year and that he brought a mandamus against t tane mae ane a as county Munty clerk to compel rae me to ti a warrant arrant for his salary This I is In en injustice to him and I have made madean an affidavit statIng the facts In regard to that matter which I would be pleased to have han you ul publish In justice to Judge Jude The affidavit I IC forwarded herewith Yours JOHN C CUTLER Salt Lake IS 39 1900 1800 State Stat or of Utah County of Salt Iak John C Cutler having been beell first dul duly worn sworn on Ie deposes and says as AI follows A At I the time when hen the man danius proceeding known knon III as the case or of vs VI Cutler S 6 Utah was wa In Instituted and tried before the Supreme court of the then Territory of Utah and for ome comae ta previous I was wa clerk ot of the county court and cheik of the probate court ourt lion Hon U W tv Bartch became Judge and chairman of the county court In Oc October October tober In IStL For n a number of years ear prior to th the time when Judge Judie lh the duties of his hll the vs Vl judges judge were appointed by bythe bythe the Ourt to 10 th om ot of super Intend nt of oC count county affairs at a salary ot of 2500 1600 per annum which wu was paid to tb this incumbent nt monthly II as It became due by warrant issued b by the clerk upon Ullon order of oC the county court Judge MIs likewise appointed upon W his the duties a as probate Judge JudIe lie however expressed doubts doubt a As to lh the power lower of the county count court ourt to create creale the office ot of superintendent ot of county affairs and no order to me Itie for tor a Warrant on the treasury for salary until about the time or of the session Hilion of the Supreme court In Janu Januar ar 1890 when he presented to 10 mae Ine era an order oror for which had been ai 1 lower b by the court as his hla lalar salary for December and at the same time asked me to refuse to issue a warrant there Cor 0 as 55 to enable him to test teat the legality t of the sold lId office of of county affairs b by Pro liro In the Supreme court I was perfectly willing to Issue the warrant In that Instance the same saml IU as I 1 hail done on all AI Previous occasions to other probate Judges for tor the same salary lary alwa always having regarded it II Ial and my duty dut to do so 0 arid and I would have Issued the warrAnt to Judge Ban Dartt ii h had bd It not been that he himself me not notto notto to do so 10 for tor th the purposes above stated The Supreme court d that the omee Will was Illegally creamed and there ther thereafter after no order for tor salar w wever was ever presented to ins Ine insI I make mke this 81 a a matter of Justice to Judge JudIe as al well 11 II as to to correct any erroneous Im l nl which may have been n created respecting my refusal to issue the tbt warrant The whole hol matter was thoroughly understood between Judge Judie Ranch Hartch anti and myself and nd was u a PerfectlY amicable and friendly lIt be betWeen tween him an mI me entered Into at athis I II ht his instance and request So 80 far as aa I I know and recollect thAt wa was th the first I and only time during the six years TeMI lit III which I 1 was th the clerk cllrk of the coun county I Ity ty court list the legalIty or of the office ottice referred to wile was And further this not JOHN JOhi C Subscribed anti worD sworn to 10 before m me his hie th day or of September A D 1900 1800 P J AL ER ERBeal Seal Beal Clerk CIr Supreme me Court By H 14 W Deputy Jerk lerk |
