Show MR WILLIAMS OFFICE lie Claims Recognition as the Territorial Ter-ritorial Superintendent of District Schools A new interest in the Territorial office cases was aroused late yesterday afternoon after-noon by the serving of the following order upon William M Stewart the Superintendent Superin-tendent of District Schools for Salt Lake county The order is selfexplanatory The People of thr Territory of Utah to t William Jf Stewart Superintendent of District Schools for Salt Lake County Utah Territory Greeting WHEREAS It manifestly appears to us by the affidavit of P L Williams the abovenamed plaintiff and the party beneficially ben-eficially interested herein that the said plaintiff is the Territorial Superintendent of District Schools in and for said Territory Terri-tory having been appointed and qualified as such officer in the month of March 1886 that you the said William M Stewart Stew-art ever since said date have been and are now the Superintendent in and for Salt Lake county in said Territory that it is your duty as such County Superintendent Superin-tendent to transmit to the plaintiff on or before the first Monday in October A D 1SS6 the financial and statistical statements state-ments or reports specified in the Act of L the Legislature of Utah approved Feb mary 2018SO entitled An Act providing provid-ing for the establishment and support of District Schools and for other purposes and the subsequent acts of said Legislature Legis-lature amendatory thereof That you have been requested by the plaintiff make and furnish him the said statements or reports but you have failed neglected and refused and do still neglect and refuse to 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 so transmitted trans-mitted to the plaintiff That the reason why you fail to make such statements is that you pretend and claim that L John Nuttall is the Territorial Terri-torial Superintendent of District Schools and that such statement should be transmitted trans-mitted to him but that said Nuttall is not such superintendent That all the facts relative to the connection con-nection of said Nuttall with said office are that in the year 1881 he was elected to said office at the general election held in August of that year and thereafter he proceeded to act in said office under and by virtue of said election and not otherwise other-wise and has not at any time since been appointed or received or been invested with any manner of authority whatever to obtain said office The said election of said Nuttall to said office was null and void and con ferred no authority whatever upon him to enter upon or assume the duties of said office and in doing so he usurped and intruded into the same That orior to anti on the 2d day of March 1882 the said L John Nuttall was ever since has been and is still a polygamist that during all said time he has had and has now living liv-ing and undivorced two wives viz Elizabeth Clarkson Nuttall his first and lawful wife and Taylor whose full name is unknown to plaintiff as his polygamous wife j and that a long time towit one year prior to the date of plaintiffs appointment to said office saiL sai-L John Nuttall either secretly departed from said Territory or concealed himself therein and ever since that time has and I does still either remain secretly without said Territory or concealed within it and that in consequence of such absence or concealment process either criminal or civil could not at any time since plaintiffs appointment to said office and can not now be served upon him and that there is not a plain speed and adequate remedy rem-edy in the ordinary course of law THEREFORE We do command you that immediately after the receint of this writ you transmit to said plaintiff as Territor ial Superintendent of District Schools the said financial and statistical statements and reports required by the aforesaid act I of the Legislature of Utah and the several sev-eral amendments thereto or that you show cause before this Court at the courtroom court-room thereof in Salt Lake City in said county and Territory on the 23d day of October A D 1886 at the opening of the court on that day why you have not done so Witness the Hon C S Zane Judge of said District Court and the seal thereof this 14th day of October D 1885 J M ZANE Clerk By H G MCMILLAN Deputy Clerk |