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

as such superintendent was and i
20 have and eSe7cise supervision
and control r TIE public buildings
OF said county, and OF its public
roads and 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 sets ami duties
being and 70 be s'bect to the order
and approval CT said cOuTt.''
1t Is fErther alleged that the plain
lifts salary, As such superintend-
ent. was fixed by said county court
at $500 per annum, and that in
consideration thereof he entered
upon and has performed his du-
ties as such Superintendent from
the date g, his appointment, up to,
and including the 3lst day OF Dec,
lcS2. II is alleged that, "the Ia
bors Connected with such position
are arduOus and are such rs are by
? law laid upon the county court, 4"
and that in performing them plain
, tiff has acted merely rs an en-
Z plOye Of said court except in the
matter OF examination OF cases Of
insanity, and M approval OF the
. bonds % county aud precinct OIL
GER, and thai il is impracticable
owing to the nature Of the duties TO
! be performed, 10 have more than
one member OF the county court
designated to perform said labor.D
Plaintiff presented TO the County
court a bill itemiZsd and verified.
for his salary n superintendent for
the month Of December, lSS9, for !
S2OS. -, which was allowed and &C. I
PENDANT - clerk Of the county court, |
was ordered TO draw warrant in |
favor OF Plaintiff for that amount |
upon the county treasurer. which |
the defendant refused 10 DO, and |
plaintiff pr1ys that = writ Of man
date issue cut Of this court against |
the defendant, requiring him to /.
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 it did lot state facts sufficient I
10 constitute n cause Of action.
Section rs, vol. !, Comp. Laws, |
lSsS, provides that: each county
shall have a county court consisting
Of probate judge Of such county |
and three selectmen."
Section Isl provides that "The
county courts must he held at their 1
respective county seats on the lst
Monday in March. June, Septem- /
Der ami December in each year, and |
Oftener If they deem it necessary"
Section Isl 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 building OF
bridges, or for other purposes"
Section 204 provides that AL
claims against the county presented
Oy members OF the county court for
per diem, or mileage or other service
rendered 10y them, must be itemized
as other claims, and must state that
the service has been actually rem
dered.''
Section 200 provides that ''the pro-
bate judge and 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 SO, Vol. /, Compiled Laws,
fixes the fees 10 which the probate
judge is entitled for certain specified
services, and provides that he shall
have ''fOr any other service not
herein provided for n 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 90 a reasonable
compensation. The claim for such
compensation is TO be allowed by
the county court, upon bill there
for, being presented. itemized and
verified, showing the particular ser
vice rendered, etc. See. l9j, Com
piled Laws.
II will further be seen that as a
member Of the county court plain
tiff is entitled TO 80 per DAY for
each day actually employed in at
tending 10 business pertaining
TO the county court together with
MILEAGE Any and all claims
Of plaintiff "for per diem or mileage
or other services rendered" by him
must he presented to the County
Court 'itemized anu verified as
other claims, and must state that the
service has been actually rendered. 4"
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 10y the statute, or
allowed by the County Court for
services actually rendered.
The rule is well settled that pub
lie officer is bound to perform the
duties OF his Office for the comPensa-
ton fixed by tue law. (Dillen's
Corp, vol. !, p. Sl5.
Evans VS.. City Of Trenton, % y. J.
Law T6i. Territory VS.. Carson, 10
Pa. Req. $50. Jones VS.. Super
visors, Il Wis. SIS. FAwJe.t VS..
Woodbury. County, % Iowa, l5i.l
In Evans VS.. City Of Trenton,
supra, it is said "This rule should
be very rigidly enforced. The
statutes Of our legislature. and the
Of our municipal corpor-
atoms seldom describe with such
detail and particularly the duties
TO public offices: and il re- ,
guires 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, it may lead 10 great ABUSE"
The plaintiff bzses his claim in
this case on the resolution Of the
county court appointing him super
intendent of county affairs and fix
ing his salary as such superinteDd-
ent at $500 per year, and