Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-07-12


as such superintendent was and i
go have and eSe5cise supervision
and contrcI Ct the public buildings
OF said county, and Of its public
roads aud bridges, anu work done
upon the same; the supervision.
care and maintenance OF paupers
anu Insane persons, and to generally
exercise such active supervision
over the affairs Of the county as Is
by law required Of the county court
aforesaid, outside the regular atten-
dance upon the sessions of said
court: all Of such acts ami duties
being and TO be s,Bect to the order
and approval Of said COURT
! 1t IS fJsrther alleged that the plain
I titi'S salary, as such superintend-
ent. was fixed by said county court
at 500 per annum, and that in
I consideration thereof he entered
upon and has performed his du-
ties as such superintendent from
the date ., his appointment, up to,
and including the 3lst day OF Dec,
l-s2. IL is alleged that, "the Ia
! n0rs Connected with such position
are arduOus and are such as are by
: law laid upon the county court, -
Z and that in performing them plain
, tiff has acted merely as an en-
I plOye II said court except in the
matter OF examination OF Cases of
insanity, and 81 approval Of the
bonds q county and precinct oiii-
( cerS, and that it is impEacticahle
owing to the nature OF the duties to
! be performed, TO have more than
one member OF the county court
designated to perform said labor
Plaintiff presented 10 the County
court 4 hill itemiZsd and verified.
for his salary a superintendent for
the month Of December, lsSg, for 1
S2nS.3S, which was allowed and &C. 1
PENDANT - clerk Of the county court.
was OrdeIpi 10 draw warrant in |
favor OF Plaintiff for that amount |
upon the county treasurer. which |
the defendant refused TO DO, and |
plaintiff prays that q writ OF man
date issue cut Of This court against |
the defendant, requiring him 10 1
issue said warrant.
The defendant having been served |
with notice OF The application for .
the writ appeared and demuTred to
plaintiffs Petition, on the ground |
that il did lot state facts sufficient 1
10 constitute cause Of action.
Section Us, vol. !, Comp. Laws,
ISIS. prOyiIe- that: each county |
shall have a county court consisting |
IF a probate judge Of such county |
and three selectmen.'
Section Isl provides that '.The l
county courts must Ice held At their 4
respective county seats on the lst /
Monday in March. June, Septem-
her ami December in each year, and |
oftencr II they deem it necessary"
Section Is provides that 1.-The
the county courts in their respective
counties have jurisdiction and
power under such limitations and
restrictions n are prescribed 10y
law"
Section POI provides that No
member Of the court must he inter
ested, directly or indirectly
in any contract made 10y the court
or other person in behalf Of The
county, for the erection Of public
buildings. the opening or improve
ment OF roads, or the builGinG OF |
bridges, or Tor other purposes"
Section 2ni provides that all
claims against the county presented
by members Of the county court for
per diem. or mileage or other service
rendered 10y them, must be itemized |
a other claims, and must state that
the service has been actually rem
dered.''
Section 2hH provides that the pro-
bate judge aud selectmen shall each
receive from their county 500 per
day for each Jay actually employed
in attending TO business pertaining
70 the county court. together with
mileage at. the rate Of twenty cents
per mile in going only from their
residences TO the county seat, at
each session Of the court attended
10y them"
Section -, Vol. I, Compiled Laws,
fixes the fees to which the probate
judge Is entitled for certain specified
services, anu provides that he shall
have ''fUr any other service not
herein provided for 4 reasonable
compensation"
BY the provisions Of Section 50, of
the statutes above quoted, it will be
seen that for any service rendered
by plaintiff as probate judge, where
no fee for such service is fixed by
law, he Il entitled 20 reasonable
compensation. The claim for such
COMPENSATION is 10 be allowed by
the county court, upon bill there
for, being presented. itemized and
verified, showing the particular ser
vice rendered, etc. Sec. 1875, Com
piled Laws.
IL will further be seen that as a
member Of the county court plain
uT il entitled 10 ''S4 per DAY for
each day actually employed in at
tending 10 business pertaining
10 the county court together with
mileage" Any ami all claims
Of plaintiff "for per diem or mileage
OF other services rendered" by him
must I've presented To the County !
Court 'itemized anu verified as
other claims, and must state that the
service has been actually rendered, "
and he Is entitled to recover COM
pensation from the County for his
services, in no other manner nor in
any greater or different amount
than that fixed by the statute, or
by the County Court for
services actually rendered.
The rule i well settled that pub
lie officer is hound to perform the
duties OF his Office for the compensa-
ton fixed by tue law. (Dillsn's
Municipal Corp, vol. !, p. 3l5.
Evans VS. City OF Trenton, % y. J.
Law 49,. Territory vs.. Carson, 10
Pa. Rep. $50. Jones vs.. Super
visors, il Wis. 5ls. FAwOe.t vs..
Woodbury. County, % Iowa, l5I.l
In Evans vs.. City OF Trenton,
supra, IL j. said This rule should
be VeT- Tigidly enforced. The
statutes Of our legislature. and the
Of our municipal corpor-
atiOHs seldom describe with such
detail and particularly the duties
10 public offices: and il re- {
quires but little ingenuity to raise
nice distinctions between what
duties may ami what may not be
strictly official; and IL these distinc-
tons are much favoTe by courts If
justice, il may lead TO great abuse"
The plaintiff bsses his claim in
this case on the resolution Of the
county court appointing him super :
intendent Of county affairs and fix
ing bis salary as such superintend-
ent at 5000 per year. and
his acceptance Of such appoint.
ment aud performance OF the duties I
II imposed. But section POI, hereto
fore 0unfaf ,.robtl.;t- -. ....t-- ,