| Show DENIALS L L hl treasurer jack and auditor clarion pili answers treasurer jack and auditor claytob filed their answers to the of bolivar roberta and arthur two of his resigned excellences appointees in the third district court 1 he two answers arc similar in all rc aspects except the names following is mr jacks answer the people of the territory of utah on the relation of 11 son united district attorney for utah vs james jack defendant fen dant now comes the said james jack defendant herein and for his answer to the complaint of plaintiff denies that prior to the year 1880 or any other date he did usurp or intrude into the office of territorial treasurer territory of utah denies that ever since paid date he has or that ho still duea hold or exercise the office without authority 0 law defendant has no information or belief sufficient to enable him to answer the allegation of the plain tiu to the effect that on the day of january 1880 during the session of iho twenty As of said territory the fraid governor duly or at all nominated bolivar roberts to be treasurer of said territory or that said governor did then or there or at all present the name atif bolivar roberts to the legislative council of said territory while the same was in session or requested its advice or consent to the appointment of said roberts to said and defendant on that ground denies said allegation defendant denies that said council arbitrarily or without iceal right or excuse failed neglected or refused to take any action whatever upon said nomination so presented defendant denies aliat said assembly adjourned on the day named or any other time whatever leaving the said office without a lawful incumbent defendant lias no information rela tins to the allegation to the effect that paid governo at the twenty fifth or twenty milb sessions of the said legislative isla tive Ae nominated or presented to said council the name of a person to fill said office of territorial treasurer or that the said council at each or either of said sessions failed or refused to take action thereon and on that ground defendant denies the allegation defendant denies eliat the said alleged refusal of the said council to take any action at its sessions on said alleged nominations was with tho full or any knowledge or information of I 1 eaid council or each or any member thereof that the eaid defendant was then unlawfully holding or exercising tho functions of eaid office defendant denies that such or any refusal on the part legislative council was for the purpose or with the intention or design of unlawfully abdine or abetting the eaid defendant in usurping or intruding into or in unlawfully exercising the duties of said office denies that on the day of march or at any other time or after the final expiration or adjournment of said legislative assembly or council the said eli H murray as governor aforesaid duly appointed the said bolivar roberts to be territorial treasurer of said territory or that ho is pursuance entitled to the possession of said office or to discharge the duties further answering the complaint of said and a separate thereto defendant alleges that on the ast 1st day of august he was a citizen of the united states over the ape of 21 years and he was then and there and at all times sinco has been and now is eligible under the laws to hold office in utah territory that an election by the people of utah territory was licud on the so cond monday in august 1880 that at bald time eaid defendant was aitio incumbent in said ofhie having been elected to said office theretofore that on eaid last named date defendant was again elated by the people of eaid territory to be territorial that in september 1880 eli II 11 murray then governor of paid territory duly commissioned said defendant tn be auch treasurer defendant alleges that he has never re sinned from said official position nor has anyone been elected to said office and that defendant by virdue of said election and paid law in such case and not other ise now exercise a the functions of said office |
