The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-02-24

Next in Importance to the opinion
handed down by the supreme court
In the election cases. was that rem
dered on the application of s. z. Fen
ton for writ OF mandate, to compel
the members Of The county court to
issue a warrant for money due for
work done for the county. The ap-
plication FOR the writ was denied
Judge Smith delivered the opinion,
which was concurred in by Chief JUS
tice Merit and Associate Justices
Bartcb ard King.
l. Tho Opinion in Full.
: The opinion as handed down in full
IS as follows:
This is proceeding begun originally in
this court TO obtain a writ of mandate
against the defendants requiring them as
the county court Of Salt Lake county to
issue to the plaintiff a county warrant for
the sum of S4Gz.56 alleged to be due the
plaintiff for certain labor done and mate
rial furnished to the county of Salt Lake
on and after the 18th day of November,
1854, and prior TO the 18th day Of Decem-
II is alleged in substance that the
plaintiff made a contract With the de-
I6AUdHlS PREDECESSORS IN ONCE Cnou con-
shutting the county court of Salt Lake
county to furnish and deliver certain
electrical appliances and do certain labor
for the sum of $4e4.5s. That he performed
this labor prior to the nth day of Decem-
Der, 1894, and on the 18th day of Janu-
airy, 1883, the defendants in the meantime
having qualified. the plaintiff having pre-
scented his account duly verified as re-
Quired by law. and prayed the allowance
81 the same, 1t was rejected by the ooun-
ty court.
The defendants admit Tint +),o ri
was made as alleged, and that the plain
Nf performed the labor and furnished the
material for Which his claim was pre-
sented- Admit that the county had not
paid the claim or any part Of it. and
that on the 18Th day of January, 1895. the
plaintiff made demand of the defendants
that they allow and pay the said amount
ana that they refused to allow or appro-
pirate for, or pay the claim, It is then
set out that the reason why such allow
ance. appropriation or payment Is not
made, is that at the time the contract
was made there were warrants 0utstand-
ing and unpaid drawn on the treasurer Of
h Salt Lake county under the direction Of
The county court amounting in the aggre-
gate to the sum OF 1888 764 II, and in addi-
uon thereto other liabilities incurred by
4 Esld county court amounting TO S125,000
ySIhat the funds in the treasury of the
J county available for the payments of
warrants on the date when the contract
was made, amounted to the sum of S24,-
10945: that The excess of warrants over
the funds in the treasury to meet the
same was SS2H, 564. So that this amount Of
lndebtedneSS with that which had been
Incurred as aforesaid for which warrants
had not been drawn. made The total in
debtedness against the county S454. 56466
The defendants further allege that the
plaintm presented his claim on the 31st
day of December, 1894, and that the
amount of warrants outstanding. and I'M
paid at thai time was SqZ7, 550.SS, and that
there we're funds IN the treasury avail
able for paying such warrants 10 the
amount Of S22,7l5.4S. Defendantg further
ID f,t1 Z atNI sNNo1
Of Salt Lake county for the years 1882
and 1898, amounted to S326, 74S06
stipulation of facts was agreed upon
by counsel Tor the respective parties.
which shows the following facts which
we deem mat eriai:
on the Slst DAY Of December. 1924. the
total outstanding warrants of Salt Lake
county, unpaid, were s4z7, 550.S IS; the
amount Of moneys on hand was S22, 71548
the amount of taxes uncolleeted, but
winch were admitted TO be cOnecbble for
the year 1894 was SIS. 1919 The income
and revenue for the county for the years
1882 and 1925, excluding poll TAX PAID in
taxes, amounted TO 1895, 1896; but Of this
amount $40 1909. was for tax levied in
1891 and collected In 1892
The poll tax paid in labor to the county
during 1892 ana 1888 WAS 81. 234. 90: that
the county school tax for 1899 and 1893
amounted TO S1s5,f12.tSi that I per cent
Bounty Of Salt Lake In The year 1898 was
81 9Ss.674.16; that the total county tax as
SeSSoQ Tor 1894. excluding doll tax Daid in
labor and excluding school tax. was S122,-
T2T24; ana the revenue from other sources
-.gyas s43. S55 06. that there vas cash in the
bands of the treasurer January i, 1894,
7 5L6O216
Powers of the County Court.
The case presents two questions: First
whether or. not the county court of Salt
Lake county, has any power under exist
ing congressional and territorial laws to
create Indebtedness against said county
Second IF Sllch exists what is the
Iirnit of Indebtedness. or what is the
amount OF Indebtedness that can be
created.
An examination of the congressional
and territorieI laws nowhere discIoses
any express authority TO incur indebted
ness The duties and powers of the
county court are set out at large in sec
ton ISL. page 29S Of the first volume Of
The Complied Laws. The county court
conduct of off7cers: to divide the county
into school, road and other districts; 70
establish. abolish and change election
precincts: to lay out maintain. control
and manage public roads, turnpilses, fer
Ties and bridges. to provide for the care
and maintenance OF the fudigent sick or
otherwise dependent poor; to provide
working farm and workshops in connec-
ton with the county hospital or poor
house. TO employ the inmates thereof to
prOVide suitable rooms for county Of1-
GERS: to purchase lease or hold real or
personal property necessary for the use
OF the county: TO cause TO be erected or
Jail. hospital ana such other PUBLIC build
ings as may be necessary, 10 sell prop
erty belonging TO the county; to examine
and audit the accounts OF public On1CerSi
10 settle and allow all accounts legally
chargeable against the county and order
warrants to be drawn on The treasury
thereof; TO levy taxes on taxable prom
ertY Of the county; 10 maintain. regulate
and govern public grounds and pound
keepers; TO equalize assessments within
their county; TO control and direct the
prosecution ana defense OF all suits 10
which the county is party; TO insure
[ She county buildings in the name and for
Y Che benefit Of TIA county, fix the price
court and enforce rules for the govern
snent of that body: to make annual re-
ports Of the financial condition of the
county. TO provide for the destruction Of
Wild animals, noxious weeds and insects.
TO Establish county offices for tho trans
action Of the business of the county, to
fiji vacancies by appointments; 20 provide
for the preservation Of the public healthi
20 prevent the bringing of INDECENT per-
sons into the county; to provide for work
ing prisoners under sentence in the coun-
~ Jail: TO provide for burying the indi-
gent dead, and TO make the necessary
local police and sundry other regulations
not IN conflict with the general laws,
The Statutes on the Subject
Section 20 provides: THAT no county
shall incur any Indebtedness or liability
Ia any manner or for any purpose TO an
amount exceeding in any year the total
cn10lInt of it's income and revenue for the
two fiscal years Immediately preceding
the mourning Of such Indebtedness. Any
fndahtedlesS or liability incurred con-
4rary To this provision shall be void.
ser 774 provides: AAu contracts auth
oy.sZa tions. payments and liabilities to paw
made or attempted to be made in viola
sion nj this act shall be absolutely void
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