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Show I GILLMAN AND SMOOT LOSE FIGHT AND HAVE COSTS ASSESSED AS-SESSED AGAINST THEM PERSONALLY. PER-SONALLY. Utah county deputies, George Davis, C. D. Coates and Daryl Fowler, were I victors in the district court where' they recently instituted mandamus proceedings ito force the Utah county j commission to pay them their salaries j as employees of the county since I January. Judge A. V. Watkins, who j heard the case, rendered a decission Saturday which in substance found that the commissioners, J. W. Gill-man Gill-man and A. 0. Smoot, had exceeded their powers in with holding the salaries sala-ries of the deputies. Along with the decission against these two commissioners commis-sioners the cost of court were assessed assess-ed against them personally. This matter of costs is a point of law which has been upheld in several instances in-stances where officials have overstepped over-stepped their official perogative. Trouble Is Result of Election Fight. This trouble is a result of the fall election wherein these particular deputies, who happened to be of the opposite political faith to Messrs Gillman and Smoot and opposed them in the election. In the evidence Mr. Smoot admitted that he and Mr. Gill-man Gill-man had written Sheriff J. D. Boyd a letter in December telling him not to appoint George Davis or C. D. Coates as deputies. Yet they said they had no particular fault to find With their work or actions as deputies depu-ties and no action to file. Following the disregard for the early notice the two commissioners in regular session voted to withhold the salary checks of these three men, the other commissioner, com-missioner, Charles White,, voting to pay them. After due time and pleadings plead-ings from county officials and Democratic Demo-cratic party leaders of "Provo with the two commissioners there was naught else to do but bring a suit to force payment, which resulted in the above decission. Council For Pefeiidents Appeals Case. Assistant County Attorney Dun-ford Dun-ford filed notice of appeal with the court after a futile attempt to alter the final findings in the case. If the case is continued, which is doubtful, the two commissioners will be requested re-quested to advance court cost of the Supreme court. County Attorney George S. Ballif also assisted in handling the commissioners com-missioners side of the case while Judge A. B. Morgan and Milan R. Straw handled the case for the deputies. depu-ties. n |
