Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-01-16
DEFECTIVE COUNTY LAWS.
The Territorial Legislature Asked 10
Amend Them.
DELINQUENT TAXES AM COSTS.
Provision for the Payment II Costs
and Expenses In Criminal Prose-
cuiluns Needed. --General
suggestions.


I, answer To a letter from Governor
Arthur l.. Thomas, County Attorney
walter A Murphy writes as follows re-
,,,Jing the laws regulating county
STAIR, points out defects and makes
general suggestions;
To lia ErcsDeney Hoa. arthur l..
Tbouus. GOrtTHOr u Otdh . DEAR
SR--ln reply TO your communication
OF recent date, requesting me 10 SUI
NIT TO YOU any suggestions WhlCh may
have Incurred 10 meduring my term Of
service ~ County Attorney OF SAT-
Iatr County, respecting the lave OF
sa,,niy administration, etc., | beg
love 10 SAY that | am glad Of the
onnnr,unity thus presented Of direct.
a., attention to q number OF more or
~ serious defects In existing statu'
80 nroyisi1ns SOME Of them No
,,riou- that had determined, before
r,reiyIng your EXcelluncy's COM
nunlcntipn, 10 bripg them In some
Vrav of nv own motion 20 the nticn.
tlon OF tue Legislature ut the coming
session.
Flr-t In Importance In the needed
1epislatlnn IL the making OF some pro-
Vision for the payment " the costs and
.xpenses Of criminal prosecutions In
which inferior magistrates have lurls.
dlction 10 render fiull Judgment for
olcnses against the laws " the Terri.
tory, AMI the costs AMI expenses VI
rrelimiuary examinations before com
hitting magistrate under those laws.
Ii h, indeed, provided by eXisilng
statutes that they shall be, In the case
Of preliminary examinations, ga charge
against the county IN which the eN-
animation IA held" Compiled Laws
Of 1883, suctlun ba02.) And other sec
tions provide for their pay mrnt Ia the
other class oi cases out of tho county
treasuros. (Compilcd Laws NJ 1855,
sectors 1888. 1853, subdivision o.
nut Il ~ provided In the "poinud hlll,"
IN the last clause OF section . that
'the cost. ami expenses NJ all prose-
Cuti0us for oiiensca against any law Of
the Territorial legislature shall bc paid
cut OF the treasury OF the Territory"
The rhirl district court has decided,
ia ease brought 10 test the question,
that this provision OF the paramount
Federal law IN effect
PROHIBITS THE i'AYNIEST
of such coats and expense, by tue
counties. Not hciug county liabilities,
lu ILLEGAL. since this decision SAT-
Lake County has very properly refused
g. make appropriations for such pay
mon,H. The Legislature has provided
for the payment Of witnesses and Jurors
IN the district courts, but hHs never, 30
far as know, made any appropriation
for payment ~ the costs and expenses
under consideration. This gives rise
u state Of allAir very embarrassing
in the administration Of the criminal
law, which In Salt Lake County In
cluics about four hundred prosecutions
aud examinations before magistrates
annually, exclusive ~ violation OF
Federal laws. The greatest hardship
falls upon witne' sCs, who ere compel.
able n attend ami serve, though daily
wHsG earnefs. nut who must do 80
without fees. Thg taking OfJepositions
il shorthand IN examinations N au-
thoriled by statute, and IL often
almost ga absolute necessity, hut
there II no meanE Of paying
not a salafied illcur, but II payable 10y
fees. But under the existing law h.
must perform all his duties In criminal
eases without pay, aud pay his eN.
penses Ia 40 doing. All of which has
the natural tendency 10 make wit.
nesses, JUROR, sheriff., cOnslables aud,
] may add, magistrates reluctant u
perform duty Ia this clas8 ui cases.
The only case Ia which the fees may
be recovered l. where the payment Of
the costs is Included In sentence
against defendant VINO Ia able n pay
nui who does not successfully appeal.
THIS is grossly wrong aud impolitir.
cannot too strongly emphasize the
necessity for some adequate provision
probably 10 be accomplished by max.
ing the county TREASURES sub.tteasur.
les Of the Territory for this purpose
for the payment Of these costs and
expenses. The question OF detailed
method would easily be solved by the
Legislature.
The revenue laws NJ the Territory
are, to my mind, greatly IN need Of re-
vision. Among the existing defects |
may mention briefly the following:
The statute provides that party
whose property has been sold iOr the
non-plyment Of taxes may redeem It
ny paying to the county treasurer the
amount Of the
DELINQUENT TANIs AND COSTS
for which u was sold, with Interest.
But there II no provision In the statute
~ which the fact OF redemption may
be evidenced OF record 80 n 10 appear
~ the chain OF title. To accomplish
this result the rodemptioner must sol-
lett deed from the purchaser at the
sale, and II for any reason It should be
refused, he IL driven to n W.snlt Ina
order TO obtain n cloudless record title.
law should authorize the County
Treasurer to acknowledge his certin-
cate on rcdempilona and eutltle II there
uton 10 be recorded, with the usual
elect, ne notice, accorded 10 other
itCnfdSble ana recorded instrument.
The subject OF the partial redemption
OF real estate sold for non.pnyment Of
taxes Is one upon which there IL much
conflict OF authority. our statute II
silent upon the subject, Provision
should he made enabling the owners OF
Undivided interests, and persons be-.
coming, subsequently to assessment
anu without notice, owners Of specific
l0's or parcels out Ofa larger number
assessed IN q mass 10 make rcdemptiOn
IN some manner 30 protect Themselves,
under such terms and conditions MS the
Legislature shall deem II lust.
Again, the power OF the county
court, after its sittings MS hoard Of
equalization II taxes have ended, TO
make any changes or corrections i'm the
assessment roll IN limited to two cases
where the property has been assessed
70 the wrong person IA owner, or has
heen assessed twice IN tho same wear.
Many very important cases where
changes (uut In vRluntlonl should be-