The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-02-17

But it does not state who shi
}" pay him for his services, nor
vel what source he is to look for I
d. Enumeration for money expended.
There are other laws enioiniI
VI VI duties on him (see Utah Laws.
20 65. sec. 3; p. 81, chap. 50; p. 6S, cha
70 33;) such as the duty of servin
20 warrants of arrest, and the Xix
" None of these affix a penalty fC
p dIsobedience, nor provide for pay
. ment of fees.
: We then have the following Use
+ Utah Laws, PIP. IS and 80, secs.
. and 50:
e Section 96 s-y': "When any duty is O
}. sh.ll be required by law of any publ
: officer, or Of any person holding any pub
iIc trust or employment, every wifu
neglect TO perform such duty, where n,
special provision has been made for tn
punishment f such delinquency, is
is1emeanOr."
Sector s. .sy': Any person who i
convicted o. n misdemeanor the punish
ment ofwhich is not otherwise prescribed
> by any sta:ute, shall be punished by i'm
prisonment not more than one year, or BIZ
fine not more 'h@n five hundred dollars
or by both fine and impri. oument"
By all these you see duties are en-
Joined on him by law, and penalties
affixed for neglect to perform them,
and as yet no fees or other proVi-
slons for payment either for partic-
ular services or for money eX-
Ipended.
+ From March 9th, 1852, to January
21st, 1859, no fee bill for any terri
tOrial officer existed by the Utah
enactments. (See Utah Laws. DID.
71-75) During all this time great
inconvenience was necessarily felt.
In 1859 fee bill was passed cd :;
but this bill did not provide any
fees for sheriffs worthy to be called
fees in criminal cases. They were:
Commitment to prison, 25c dis
charge from prison, CSC; dieting
prisoner, per day, 35c.; removing
prisoner on surrender by bail, lee. |;
taking new bail, CSC. That the
sheriff may be allowed by the proper
county court sum not exceeding
$50 for services rendered the county
in delivering notices and other
duties actually performed, for
which no specified sum is provided
by law.
by section -, of this act, (see page
~ the county court may authorize
the payment of certain costs in Ger
tain cases, but they cannot exceed
One-third Of the county revenue.
Thus stood the law till 1ST4,when
q new fee bill was passed, but that
act is silent as to costs in criminal
cases. 1t, however, contains a re-
pealing clause to this effect, THAT
all acts and parts OF acts so far as
they conflict with this act, are
hereby repealed"
These are all the laws of Utah on
the subject of sher1fS fees. But
tbs act of Congress Of June 23d. !
1874, has a clause that 1.-THE costs
and expenses of all prosecutions for |
offences against any law OF the Ter
Legislature shall be paid out |
OF the treasury of the Territory" |
Section ., of said act, and section l.
requires the sheriffs to serve crimi- |
nal process issued by the Supreme |
and District Courts.
The appropriation bill of last |
winter did not provide for any pay
ment out of the territorial treasury |
of the costs of any sheriff but did |
provide for the payment of the |
clerks Of courts, witnesses and |
jurors in criminal cases.
This loads mo fn q fam 80
marks.
Taxation and protection are cor
relative rights and duties. The |
right of taxation is a sacred right to |
be exercised by the supreme or
sovereign power and on the exercise |
of which there is not and there can |
not he any limit but the discretion
of the political branch of the gov
with us, the Governor and
Assembly. From tax
alton flows the duty of appropriation
of the taxes which must be in every
case a public purpose. From this
also springs the duty of the govern
ment to protect the citizen in his
person and in his liberty and in his
property from all those heinous acts
called crimes.
Every government exercising the
sovereign authority that exercises
the sacred right of taxation, and does
not exercise the duty'Of projections
to that extent gui 'ty of avery serious
injury, though the sovereign can
not be sued without its own consent,
and therefore cannot be compelled
to do its duty.
The farmer who pays his taxes, or
who is liable to pay them, and all
others, are entitled to insist that
persons who steal their property or
invade it in such manner as is by
law denounced as a criminal, or
whose life, liberty or property is in
vaded in a criminal manner, is en-
titled to insist on a criminal pro-
ceeding to bring the accused to jus
tice.
This requires officers and courts.
not excepting witnesses and jurors.
All these are public charges, and
quite as necessary as governors and
If one can he dis
penSed with, so can all the rest. If
all are dispensed anarchy will fol-
low. Then the Just may be, most
likely will be, the greatest sufferers.
But turning to the law again: |
There is a rule of Interpretation
to this effect. That what is i'm
piled in q statute is as much
a part of it us what is expressed. |
this rule to the act of
February -, 1872, before referred
to and we find the county courts of
each county in the territory is
to erect county jails, but
it is silent as to expense of erecting
it, and at whose cost. What there
fore is the implication of the act ?
The answer is it is implied that it
must be at the expense of the
county.
The same act also provides that
the sheriff of the county must be
the jailor and that he must furnish
all necessary supplies for persons
therein kept, but this section is
silent as to the expense of these
What is the implication
of this section as to these expense?
Who must pay them? The answer
again is the county court must pro-
vide for them. This view is greatly
strengthened by the 5th section of
the act.
1t also harmOniZes with section 1,
of the act. found on page 206 of Utah
Laws, and is CONSTANT with what