The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-30

tWASAi4ll lis NECESSARY anu PLOpEi
for county purposes.
''Third-To make such contracts and |
purchase and hold such personal pro-
perty as may be necessary to the eXer-
else of its powers.
''Fourth-To manage and dispose of I
its property as the interest of it's in
habitants may require.
tFifth-To levy and collect such
taxes, for purposes under its exclusive |
jurisdiction as are authorized by law"
Numerous authorities were cited in |
support of this.
Counsel admitted that to declare the
plaintiffs claim invalid upon the
grounds above presented would be in
effect to declare an Indebtedness of
about 100000 invalid, and such a result
would create hardship and loss, but
this was not the fault of this court,
nor Of the present officers of Salt Lake
county, who refuse to acknowledge
! this indebtedness.
I If the court holds however, that the
county court has power to create in
| debtedness against the county I'D to
the amount contained in the limita-
tons in the act of Congress. a consid-
GRAFTON of the question, what is the
amount Of the Indebtedness that can
! be created by the county court Of Salt
| Lake against said county? becomes
necessary.
| CouuSel ON the other side, relying
on the act of Congress providing that
! All political and municipal corpora
I tons and counties and other subdivis-
ions in any of the territories of the
United States in any manner and for
any purpose may incur indebtedness
to an amount in the aggregate not eX-
ceedlng four per centum,' holds that
Salt Lake county could have created
IN 1894 by Its county court, an indebt-
edness of $3.50, 900. Nh. Whittemore
held that this did not apply to the
amount for one year. but the total
amount of debt for all purposes and
reverted to the territorial statutes for
a deflnItfon of the amount to which in
debtedness might be created. Section
10, Compiled Laws of Utah, 1883, says,
} NO county shall incur any indebted
ness or liability in any manner, or for
) any purpose to an amount exceeding
, IN amy year the total amount of its
income and revenue for the two fiiS-
. cal years Immediately preceding the
| mourning of said indebtedness. Amy
Indebtedness or liability incurred con-
| trary to this provision shall be void."
Section 1875 says: 1.-THE county court
must not for any purpose contract
debts or liabilities except in pursuance
of law, nor shall such Indebtedness or
: liability in any manner or for any pur-
pose exceed in any fiscal year the in
come and revenue of such county for
the two fiscal years immediately pre-
; ceding the mourning Of such indebt-
: edness."
These two sections construed to-
gether counsel held meant that the in
l debtedness liz any fiscal year means
the total indebtedness of the county IL
any such year. and not, as counsel FOL
I plaintiff claim, the indebtedness in
CURED in amy particular year, exclu
: sive of pre-existing indebtedness.
Counsel severely criticized the ole
: county court for contracting these
debts after the proposition to bond tht
county had been submitted to the peo
ple and defeated. He characterized The
courts action as defying the will 0,
: the people and practically saying tx
: them, You wouldn't let US issue bonds
Il but we will contract debts and MAKE
Y you know them anyhow" The court tina
n contracted the indebtedness knew the.
{ were doing so contrary TO law, els
5 they would not have appealed to tn
Z taxpayers to grant it to them whel
the same was denied by the defeat o
Il the bonding proposition.
e Counsel in conclusion, urged that tn
}, plaintiffs prayer should be denied, am
L that the taxpayers themselves, by thei
Y representative in the next legislatur7
: should be allowed to say whether o
not they will pay this debt.
e "Au that part OF the Indebtedness
IS which is bonafide and for which IN
n county has received valuable improve
l. rnent, we" said counsel, will favo
e being paid in this manner"
8, Attorney Pence briefly closed the al
/ gument for the petitioners and thei
l. ionors took the matter under advise
{, ment.