Show IMPATIENT he hi cannot walt watt for the supreme court ruling on the office carel murrays appointee to the office of territorial superintendent of schools P L wil williams iams has caused to be upon the county superintendent of salt lake county the following order which will prove a test at once of the right of Ny liia Yi illiams ia to the office under murrays appointment during the first week in october all county superintendents were expected to render their statistical and financial reports to the territorial adi rial superintendent that he may form hie his estimate for distributing the appropriation before january lat these reports have been furnished to superintendent nuttall and it looke looks as if mr Williaw object ia is to thwart aledis trib ution above referred to mr stewart the superintendent for salt lake county in accordance with the rule rulo hae has previously rendered rende red his report to mr nuttall following is the order referred to in the district court of the third judicial district of utah territory county of salt lake P L WILLIAMS territorial superintendent of district school schools for utah territory plaintiff va WM W 31 STEWART superintendent of district school schools for salt lake county utah territory defendant tit people of the territory of utah to William 31 stewart superintendent of district schools for salt lake county utah territory greeting medeas Wie Me reat reas it manifestly appears to us by tho the affidavit of P L williams the above named plaintiff and the party beneficially interested herein that the said plaintiff is the tern terri superintendent of district schools in and for said territory ha having v in been appointed and qualified as a such bu 11 officer in the month of march icso 1880 bat you the said william M stewart ever since said bald date have been and are now the superintendent in and for salt lake county in said territory that it Is I 1 your duty aa as such county superintendent to transmit to the plaintiff on or before the first monday jn in october AD A D 1880 the financial and statistical statements or reports specified in the act of the legislature of utah approved february 20 1880 entitled an act providing for the establishment and support of district school and for other purposes and the subsequent acte acts of said Legi sture amendatory thereof that you have been requested by py the plaintiff to make and furnish him the said statements or re reports porta but you have failed neglected and refused to tot gurnish furnish him as such territorial superintendent or otherwise the said statement or either of them or any statement or report whatever of the matters required by law to be BO so transmitted to the plaintiff that the reason why you fail to make anch soch statements Is 1 that you pre 1 tend land claim that L john nuttall i is the territorial superintendent of district schools Sc bools and that each such statement should be transmitted to him but that said aid nuttall is not such superintendent perin that all the facts relative to the connection of said nuttall with eaid said office are that in the year 1881 he was elected so said office at the general election held in augustof that year and thereafter be he proceeded to act in said office under and by virtue of eaid said election and not otherwise and baa has not at any time since been appointed or received or been invested with any manner of authority whatever to obtain said office that eaid said election of said nuttall nu atall to said office was null and void and conferred no authority whatever upon him to enter upon or assume the duties of said office and in doing so ho he usurped and intruded into the same that prior to and on the 2nd day lay 1 of march 1882 the eaid said L john nut nuttall tall was ever since has been and is still ft a polygamist that during all f said ja I 1 d time he has had bad and has now living and two wives wi ives viz 02 elizabeth clarkson nuttall his first and lawful wife and taylor whose full name is unknown to the plaintiff as hia his polygamous wife end and that a long along time to wit one year prior to the date of plaintiffs appointment to said maid office said amid 10 john nuttall either secretly departed from said territory or concealed himself o in and ever since that time hads and does still either remain secretly with I 1 out said territory or concealed with in it and that in consequence of such absence or concealment process e either criminal or civil could not at any a time since plaintiffs appointment to said office and cannot now be sery ed upon him and that there is not a lain speedy and ade adequate quata remedy in i the ordinary course of ar law we do command you that immediately after the receipt of this writ you transmit to said plain tiff as territorial superintendent of district schools the said financial and statistical r statements and reports required by the ho aforesaid act of the legislature of utah and the several amendments amend thereto or that you show cause before this court at the court room thereof in salt lake city in aid id county aud and territory on the day of october A jil D 1886 at the opening of the court on tat day why you have ot dono so witness the hon lion C S B zane z ane judge of eaid bald district court und and the seal thereof this day dav of october A D 1886 J ba M clerk by ifa HG MCI mcmillan deputy clerk |