Ogden Evening Standard | 1911-09-16 | Page 3 | Decision Favors Commissioners

DECISION FAVORS COIIISSIOIERS SALT LAKE, Sept. 15. That tho county commissioners 'of Salt Lake county acted within their jurisdiction In paying tho Inter-Mountain Republican Repub-lican company $5,727.50 fdr publishing tho 190S delinquent tax list, and that therefore they cannot-be held personally person-ally liable, Is the gist of an opinion handded down by the supreme court of Utah this morning.. Suit was Instituted in the Third district dis-trict court in 1909 by Jom P. Lyon, county attorney, against James E Clinton, John C. Mackay and Walter Burton, county commissioners, and their bonds men. Lewis S. Hills, William Wil-liam L Ellorbcck, C H. Calllster, Daniel Mackay, John R. Smith and Heber S. Cutler, under Bection 500 of the compiled laws of 1907, to collect $5,727 50, alleged to have been paid by the commissioners without authority of law to the Inter-Mountain Republican Repub-lican for the publishing of the 190S delinquent tax list. It was alleged that no bids for the publication of tho list had been Invited or received. - In the lower court the defendants objected to the introduction of evidence evi-dence on tho ground that the complaint com-plaint did not state facLs sufficient to constitute a cause of action. The court sustained the objection. Objection Objec-tion was taken to this ruling by the plaintiff. County Attorney Lyon declined de-clined to amend the complaint, and elected to stand upon it, whereupon the court, upon motion of tho defendants, defend-ants, rendered judgment dismissing tho action It was to reverse this judgment that tho plaintiff appealed to the supremo court. oo