| Show FROM wednesdays DAILY MAR MAE WANT T THE SE SALARY the governors appointees looking for cash N W clayton territorial auditor of public accounts and nd james jack treasurer have been ordered to show cause on march why they have not paid the salaries for the offices cesi 1 they th eya hold 01 to arthur pratt and bolivar IR roberts ob arts who ho were appointed b bj the G governor ov or but who never have acted in n t the offices ces the writ of mandamus in each aach case is made returnable before judge zane both doca documents are the same with the exception of the change of names that of mr roberts being as follows bolivar roberts treasurer of the territory of utah plaintiff vs nephi W clayton de 11 facto acao auditor of public accounts ot of utah territory defendant fen dant alternative writ of mandamus the people of the territory of utah to nephi W clayton de facto auditor of public accounts of utah territory send greeting whereas it appears by the affidavit of bolivar roberts in his own behalf the party beneficially interested that he said roberts on the day of march 1886 was according to law appointed treasurer in and for said territory by the governor thereof and afterwards on the irth day of march took the oath of office and executed an official bond as such officer sufficient as to sureties aud in ia amount and then and there qualified fled to enter upon the discharge of toe the duties of said office and that affiant from said march 13 1886 until the present time still is the legally constituted treasurer as aforesaid that during all the period aforesaid the defendant ivas was and still is the de facto auditor of public accounts for said territory orv that heretofore here on the ath day of of february uary 1888 the legislative assembly of said territory at its twenty eighth session passed an act making appropriations of the public moneys of said territory for divers purposes and the same beca became me and is valid law that among other things the act appropriated for the salary for territorial treasurer for the years icso and 1887 1500 that aff affiant lant by virtue of the facts aforesaid is entitled to receive the said sum of money so appropriated and it was and is the duty of said defendant fend atit as such de facto auditor to issue and deliver to affiant an order or warrant in his favor upon the territorial treasurer for said sum of money that after the enactment of said law making said appropriation and on the esth day of february affiant demanded of said defendant as such de facto officer that he issue and deliver to affiant such warrant but the defendant then and there refused and does still refuse to do so and inasmuch as plaintiff has not a plain speedy and adequate remedy in the ordinary course ot law Tae therefore we do command you that immediately after the receipt of this writ you do issue and deliver to said plaintiff the warrant or order upon the territorial treasurer for said sum of 1500 so alleged to te be due him or that you show cause before this court at the court room thereof the reuf in the city and county of salt lake utah territory on the day of march 1888 at the opening of court on that day at 10 ca k am why you have not done 80 |
