Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1889-12-19
less without ruin to Tie public ser,

: have II would work q ruinous re
: suit in the execution of the laws
E Whilst / was the United States mar
! shall about three years) there wer'
2 about one thousand persons ARRESTED
or convicted for unlawful eohabita
: ton. The fee for making all thes'
, arrests IS 20 each, and the small pit
lance OF 30 cents each for subpoena
. ing witnesses, making my compen
sation In three years probably abou
two thousand five. hundred dOllan
in those cases; but If have a war
|, rant and fail to serve it, the law
provides no compeDsation whatever
IL instead Ofmileage (which Is prac
ucally nothing and is never accept
ell unless for travel on railroad
| am not allowed anything
hut the fee, it is easily seen that thu
office would lie practically par
alyzed. When il is known that nj
arrests for this popular ofIense arr
resisted and evaded by every device
which the parties can adopt to evad,
the pursuing hand Of the law, the
application Of the rule suggested by
the grand jury needs no comment Il
prove its fatal consequences 70 the
/ public service. IL was i'm fact only
upon the construction OF the law 10y
the department in allowing for team
I and subsistence that the execution
/ Of the Edmunds act has been pos
sible. If the officer had been COM
PEELED TO rely upon the fees alone
for such service, the suppression OF
these crimes in Utah, which has
placed this Territory on the high
way Of reform and progress, could
never have had even. their incep-
ton. So obvious Was this, that the
department at Washington al
lowed my immediate predecessor
SIS per day for the use Of n team
and subsistence. That was reduced
10 $40 and then 10 So after / came
into Office, but when the comptroller,
Mr.. Durham, had the circumstances
explained 90 him, ami was made
acquainted with the necessity Of it,
il was restored 10 IS per day for
team and 50 for subsistence. This
enabled me 10 retain efficient men
in my service as deputies, and maze
the work fairly u.munerative. j
will state, however, that in no year
Of my administration did the in
come ever reach the limit fixed by
law.
The grand Jury say that it was the
intention of the comptroller in
fixing the price of team and sub
sistence at per diem, that If the
actual expenses paid were less than
that, ii was TO be the less amount.
The grand jury, not having eX-
amined Judge Durham, probably
relied for this conclusion on the dis
trict attorneys opinion Of the comp.
troller'S intentionsj Yhen the truth
is las | can state from personal I
knOwledge) that this amount was /
fixed in order 10 meet the very con- ]
ditiOn of things which then pre- |
vailed in Utah, and 10 enable the /
marshal to execute the law. The /
assertion that allowances in such 1
cases were TO Ice limited to actual 1
disbursements 10y the officer and /
was only limitation on these is an
without any fact TO sustain
Il.
The comptroller saw when the .
matter was considered 10y him that 1
~ fixing n reasonable compensation
'Or use and subsistence Of tea"l-
not more than would I've reasonable
{ the same had been hired from
hose who kept them for hire, and
allowing the marshal to furnish the
cam either himself or 10y his depu-
end Of securing good ser
vice could bs realized. When il
lad been reduced Ia IS before that,
instead Of : per day, the deputies
declared they would no longer stay
II Office, and then the rate was fixed
fter careful deliberation in the way
nd for the reasons stated.
If it should be held that because
deputy who owns his tcamcOnsents
hat the marshal may retain n por-
lon Of his hire It shall be inferred
hat the actual cost Of the team is
My what is paid 10 the deputy then
he compensation or cost is not regu-
tied 10y any rule except the pay
lent or disbursement OF money;
nd il the deputy chooses to ride
lstead of walk, not having paid
loney, he would not he entitled 10
because he raid out no
ioney.
l will add n few things further in
lis connection. Very much ser
ice is required Of the officers for
hich no compensation is allowed;
Mess, for instance, the officer
,tually serves his warrant he has :
D fee or compensation in any
rm. In this Territory il has re-
.atedly occurred while was mar
lal, that in endeavoring TO arrest
defendants had TO employ
large force to make nocturnal or
her raids on indicted parties. In
single year my expenses for such
lnrts amounted 10 nearly one
five hundred dollars, not
re dollar OF which could / make
aim 10 have returned, because 1
lied to make the arrests. 1t also
came absolutely necessary in some
stances to employ persons b. fur
sin TO me information for which
yment | had toappeal to my own
cket. IL my deputy could not
vide the compensation with me =
d was entitled only to actual dis :
rsements on teams, and | could ~
ly have the 30 per cent Of the two y
liar fee on each arrest, what must o
We been the result on the mar 4
ais Office? 1t would have gone 4
gging for some. one who was
ling to take IL for the ter
Orial business. il gave him, <
d the laws Of the United States
uld have gone, ,uneXecuted and
enforced. There, are many
ngs in this report that / regard
re on account OF the spirit OF fault
ding they evincc than for the
putation and criticisms them @
YES. Candid and fair criticism of
public officer Is right, but petty
about little things,
shallow reflections, the result Of
Orance, are n trial to a mans o,
lence. The bulk OF the matters tn
ich are complaiued Of while / NJ
; in Office is presented in a way
I indicates they were collected =
some one who had n personal
evance and sought TO crafty his c;
lice more than To improve the as
lie service. The grand jury NJ
tanned no member to my knowl- ~
e except possibly one to whom | v
Id impute the slightest desire 10 /
ME an injustice, ami l acquit all L
ers OF any such purpose. APP
u hereto some correspondence
geen that member and the ex- ri
key Of the penitentlary, who is an
wn as an honest man, and leave -,
public to judge between us. -
inally closing this necessarily
Gus refutation, L desire 10 say
l have resiled in Utah many
rs. 1t is my home, and OF the ali
| expect always TO he an
while ] live, + have striven,
ther in place or out OF it, to so VI
luctmyselfas to merit the esteem
confidence OF thOse who know VI