Show COMMISSIONERS SCORE IN INTHE 1 THE SUIT BEGUN BY LYON CASE ASE PUT IN TRUE LIGHT Attempt of the County Attorney Attorney Attorney ney to Have Parts of the County Commissioners' Commissioners Answer Answer Answer An An- Stricken Out a Failure COURT RULES THAT THE ANSWER SHALL STAND That That the County Received the Worth of Its Money From The Republican Is Decided Germane to Present Case BEST INTEREST OF PEOPLE Developments in the case brought against the county commissioners and their bondsmen bondsmen bondsmen bonds bonds- men by County Att Attorney Job P. P Lyon to compel the return i of the amount paid The The- TheRe ReI Republican Republican Re- Re I publican for advertising the 1908 delinquent tax list yesterday yesterday yes yes- yes indicate the signal failure failure failure fail fail- ure of the county attorney to show any grounds legal or amoral moral whereby the county officials officials of- of h have ve acted other than For the J best y Q 1 S i CO M r the th j Moreover L a arguments 1 1 presented before George G j Ifor Armstrong Armstrong- b by y the attorneys attorney for the county commissioners j ift put the case in commiSSioners its true light as one brought by the count attorney at the instigation of enemies of the commissioner Oner and without any foundation in inlaw inlaw law v or justice The attempt of the count county Y attorney to get the court to strike out ont certain parts of the answer made by the commissioners commissioners commis commis- si ners was refused by Judge Armstrong The rhe suit was Vas brought b by the county attorney against James E. E Clinton J 5 C C. Mackey Jackey and alter J J. J Burton county t commissioners and L L. S S. S Hills lh W W. I I. I I. I Im Ellerbeck 1 K E. II 11 Canister Callister Daniel 1 Mackey John R R. R Smith and Lieber Heber S. S Cutler their bondsmen to recover from each ach each the sum s nt of ot which was paid a d b by Salt bat Lake county count at the direction tion af of the count county commissioners to The Republican for Cor publishing the de delinquent do- do tax lax list for 1908 1308 The coun coun- count county t ty attorney says a he lie brought tho the action under section which provides that whenever er an any board of county commissioners commissioners commis commis- shall without authority of oC law crr order er nn any money mone paid the county count at attorney attorney attorney at- at torney Is lit empowered to bring suit stilt In do Inthe dothe the tho name of ot the tho county count against tho time commissioners and their bondsmen to tn recover the mone money The county count attorney attorney attorney ney alleges that the tho commissioners paid The flue Republican 60 for lor publication tion lion of the tax notices and that this payment was Illegal for the reason e that no bids wore were advertised or received recel of the Cane CRe The facts fats of or the ca case e are ue that tho thu Jaw requires the county auditor to advertise for ter bids and tho the county treasurer to publish tho delinquent list 1st The bids bills were not advertised for tor but tho line county commissioners approved ed the thc bill of or Th The Th Republican n for Cor publishing the list and this charge which was WaR paid was In no Wit WILY way excessive The commissioners replied re- re replied re re- plied to 10 tho the complaint and tho the county 8 attorney yesterday morn morning I moved that certain parts of the rep reply bo lIo stricken on Page r. run T 1 l COMMISSIONERS SCORE IN INTHE INTHE INTHE THE SUIT BEGUN BY LYON Continued tN ratu 11 fogs one out contending that lint they thoy had no bearing bearing bear beRr- ing on the case R B. J J. J Stewart replied for tor the c commis commissioners II bringing mil mt the fact that the suit null was teas not based baRed on the theory theon that Salt Lake county ha haJ has suffered In any anyway anyway ny WR way on account of oC the payment pa of or the Mil bill or till that t It was excessive c In any way attorney did lid not c contend The 1 county lY that tint the act of or the commissioners was In bad barl faith or that list an any wrong whatever what what- ever cr had been heon attempted and the suit was brought wholly on account of an nn AJie alleged technical failure to observe c the tn t 11 te on the pc part pc rt of or tho the county auditor Air Mr Ir Stewart anid that t the county commissioners on account of or their quasi judicial n. n were authorized to pass paM on claims presented to the county count The claim of or The Republican which was allowed was one une which the commissioners were authorized to pay hail Had the claim he been en excessive he said there mf might ht have been heen gr for suit to recover reCO the tho amount nn excess of or a u reasonable lell char charge t I It H was WIlS brought hl out i tat Salt Sall Lake county hal hail received I e full fun value for tur the time services In publishing tl tm lit list Inasmuch much as tJ tho o count had been enabled to collect collect col eoJ- lect between and delinquent delinquent de de- taxes and had also collected the cost or of the publication Including the amount paid The Cht Republican In summing up Mr Stewart said Tin county Is In th the position whore where hiss r f the taxes In the same ame ner nl J 1 to tn tile the Jj same Name unc extent as In fur it 11 e hc h q paid h by tho the receipt of oC roam or ro and the count county count bus not only collected 1 the tax taxes but It Ins collected th the costs custes of oC publication so far as 39 the ther r records conlA In this caso show which It Is II Isnow now note attempting to extort from front the county lonor and tH h bon bonds bonds- s- s menThe menThe men mn The position of or time the county attorney attorney ne ney In this suit stilt Is lIS that lint It Is not content content content con con- tent with collecting the taJ hors s. s but It Is h endeavoring i to tu appropriate unlawfully for UH its own use money which It has collected for Cor publication oC tho the notices and refusing at the samo sarno time to pay the 1 publisher h r tl-or tl money which It Il has hns collected from the file taxpayers ot of Salt Snit Take Lake county count In other words the coun lounh loun coun tv h ty Is attempting l la a r through this tills suit brought by the county attorney attorney ne ney money mone presumably collected for Cor the purpose of oC paying for Cor U time publication of the delinquent tax lists 1 The county attorney Ux l k five days lIas to demur to the answer answer filed flied by tho the county nor |