The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-03-08
THE COUNTY CLERK
Comes Back at the Leg stature
with HIS Statement,
And Quotes Law Like a Jurlst,

DALI LANE OlI1, March Z, 81.
Editors Herald:
Sir:-l see by your issue of the
Sd inst. the COMMITTEES Oh cl aim,
and public accounts Of the House of
Representatives introduced a resp
luton relating to myself as clerk OF
Salt Lake County, which passed
This having become public. [ deem
it duty | owe to myself and the
county for which | am clerk to
notice it.
To do so, call attention first to
the law, and quote SO many sections
and such parts thereof as bear on
this subject.
Our hrst act upCn the subject is
found IN the Compiled Laws of 1876,
page l24 QSD, sec. ., and was as fol-
lows:
The county curt shall keep an ac-
count OF the receipts and expenditures of
The county, and annually, on the fr.t
Monday of June, cause a minute state
ment of than for the preceding year to
be made, with al account of all debts
payable to and by the county and the
assets or the county; have q. copy of the
same posted up, one at the county seat,
at the usual place OF holding courts, and
at each OF two other public places IN the
county, or published in some newspaper
bavlng general circulation in the county,
and shall cause the original 20 be fled in
their Office.
At the session of the Legislative
Assembly held in 1867, (see Com
piled Laws of 1916, page 126 Q9D
section A, it was enacted:
That the clerks of the county courts
are hereby required to keep an accurate
account OF all receipts aud expenditures
OF their respective counties, also all debts
payable t" or by .aid counties. and an
nually In the month of May, cause true
statement Of the same. in detail, to be
posted up in their Offices, and keep the
same posted up during the year.
1t will be perceived that this sec
ton does not require any report by
the clerk to be made to anyone. At
the session Of the Legislative AS
sembly held in 1868, (see laws of
that session, page SO, chapter 81,
(1S1) section 6, above referred to-
this law was amended by adding
to the end thereof, the following:
And shall also cause copy thereof
to be annually furnished to the Le0iSLG-
ttVe Assembly Of thiS territory during
the FIRST week of its session.
When these words which are ital-
icized were added to (ISIJ section &.
above referred to, it will make the
section read as is found in our Com
piled Laws, page 124, (lSD section q.
l here remark that the act OF 1866,
on page 124 Q8D section 6, requires
the county courts to keep the ac-
count of the receipts and erDendj-
t1reS, and of the debts payable to
and by the court, which is always
done by its clerk. But the act of
1867, Compiled Laws, page 10 il9l)
section 4, requires the erks To ke p
an accurate account Of all receipts
and expenditures OF the county, and
of all debts payable to anil Oy The
counties.
am unable to see any difference
In these two acts so far rs keeping
the accounts is concerned. fhe
phraseclogy to be sure is different
but as [ understand it the meaning
is the same.
In each case the county court
acts upon it, causes the minute
statement to be made, and then
comes the posting up the minute
statements us acted upon by the
court.
Thus stood the law as [ under
stand it until February 20, 1850
(See laws of that session, page 19).
That act is as follows
An Act to amend section one hundred
and ninety-one 19D OF the Complies
Laws of Utah.
SIC. l Be 1t enacted By the Governor
and Legislative Assembly of the Terri
tory Uf Utah: That section one hundred
and nlnety-one OF the Compiled Laws OF
Utsh is hereby amended so IS to read as
follows: Section I9f.-The clerks of the
Comfy Courts are hereby required 10
keep an accurate account Of all receipts
and expenditures oftheir respective coun-
ties. also of all debts payable to and by
said counties. At the opening of the ses-
sion Of the County Court on the first
Monday Of June, annually, the said
Court shall call for and receive the
County Treasurer's report, as provide
in section 2l3 OF the Compiled Laws OF
Utah, Of the condition of the treasury on
the Slst day of May next preceding, and
shall settle with said treasurer. The
County Clerk shall thereupon submit to
the said court statement 10 detail, show
ing the receipts during the fiscal year
ending on the said 31st day Of May; the
balance, if any, in the treasury at the close
of the previous fiscal year; the expendi-
lures during the fiscal year just closed,
specifying separately in said expenditures
the amount paid to each officer, and for
every other disbursement; and the BAL
ance on hand, together with statement
of all the debts payable to and by said
counties. The said courts shall there
upon audit said statement. and the
county clerks shall, within ten days from
the close Of said auditation, publish q
true copy of said statement, as approved
by the County Court, in some newspaper
published in the county, and having gen.
eral circulation therein, il there be one ;
if there be no such psper. then by post
ing up tina said copy 10 their offices. and
shall keep said copies posted 40 during
the year. a neglect Of this du y = any
clerk of the County Court shnn rendrI
him liable TO fine in any sum not ex-