Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-04
IlQlIry Into Tho Existing Indebted.
ness Of The County,
MADE BY lmE NEW sELECTMES.
Exhaustive aud Important Report From
County Attorney Whit
temure.

Interest," Vouthluluk ha " uuo1 some
new and striking features:
To the Hon. the County Court OF Salt
Lake County, UtRhi
Gontlcmon; 49, Ia accordance with
your request have examined into tue
financial condition OF this county ~
shOwuby the annual statements Of Tie
county treasurer and county clerk Tor
the years 1882, 1893 Huu 1894, with a
view Of Htoeitniuing the existing IN.
tcblodutss VI tue county. / have also
examined the statutes OF Congress aud
Of this Territory relative To the sub.
lrci, with the view OF bscuttaluing
whether such indebtedness Il in excess
OF the limit prescribed by law, in order
TO determine a. g. tnu power OF this
court 10 incur further liabinties, anu
beg leave 30 submit herewith tuB result
" such invesiigalion.
Suci0n Z Ut A. act Of Congress up-
proved July go, 1856, provides that no
county shall ever become indebted
iu any manner or tor any puf.
pose TO Any amount in tho az
givgate, iucluding cxistiug iudebtcl-
cpu, exceeding four per Cunlum
on the value VI Tue taxable property
within suun county, % DO nsCuriHiuud
by the last assessment Tor tufiltOriAl
nld county lakes previous 90 the Ia.
CURING OF such Indebtedness; aud All
bonds or obligations "a rXCuBs " such
amount Given by such corporation
shuii be volt. Vol /, Compiled Laws
% Utah, ,lsss, y. o.,
This section Whine 10 fixes the limit
within when the Indebtedness VI tue
county must be- confined, does not con.
ter upon the county any rOwer what
ever 10 incur liabilities TO the extent u
that limit, the granting Of suCu power
being left 10 the Territorial Legislature.
The question next 90 he determined BE-,
what powers have been conferred by
the Legislature upon tho counties Of
this Territory 10 create liabilities and
incur indebtedness.
Section l7S, Compiled Lave Of
Utah, 1855, 9. 40, provides
tuat no county snail Incur
any Indebtedness or liability In
any manner, on for any purpuscs,to an
amount exceeding iu any year the
total amount ofits income AMI revenue
i1I the two fiscal years Immediately
preceding the mourning OF such iu-
utbtounoag. Ana that any Indebted
ness or liability contrary 10 this pfoyi.
sion shail be void.
Section IA, following, provldei;
THAT all contracts, authorization, al
lowHncsH, payments, and liabilities 10
lay, mRue or attempted 10 BIO made Ia
violation OF this act, shall DO absolute
BY volt, ANA shAll never be tbs fOuuln-
tisu VI a claim against SUCH county.
section l75, following, PROVIDE:
That any probate Judge or stluctmnn
or any other officer VINO knowingly
uuthonzuH, or aids 10 authorize, or
Audits or allows any claim or demand
upon or against the county, ut any
fund thereof, IA violation VI the Prov.
hlOua OF this act, shall be- liable Ia per
tJu Rni upon their several OnlClal
l0nds, u any person damaged by such
Illegal authorization, 10 the extent OF
his loss.
stchon 1876, following, provides;
That the court must not, for any puf-
pose, contract debts OF liabilities, UN.
cent IN pursuance Of law, nor shall SUCH
Indebtedness or liability, In any
manner OF ior any pufpgse, exceed In
any tito1i year tho Income anu revenue
OF such county for the hscal years i'm.
mediRtoly preceding the mourning OF
huoh Indebtedness,
The foregoing sections are hmblgu.
Gus, aud open TO two cOnHiTucu4 ne:
one that the county may Ina such year
create liabilities, exclusive Ut existing
Indebtedness, 10 an amount not eX-
CtBding tue total income and revenue
Of the county TOT the Two fiscal years
Immediately preceding the mourning
NJ such liabilities, anu the other, that
the liabilities OF county ,incluuiug ex.
iHtlng Indebtedness, cannot exceed In
any fiscal year the Income anu rev.
ouuB VI such county for tho two flsUal
years ian mrdiately preceding.
lho latter IN, in my opinion,
the more rational construction
aud IA more In conformity
with the intent Of the legit-
latute. This view OF tue law IN
strengthened by the later provisions Of
the legislature as found IN IAN ACT
authorizing oluuties 10 issue bonds for
the purpose OF iuuding outstanding
indobte iness, approved Match TO-
1892, which provides ~ follOwl; That
whenever II shall be nee atBaIy 90 con.
stTuot, add 10, complete or repair tho
court house, JILL or other county BALD
ingS or purchase gtOundtheroiUT, 0rmnke
other county Improvements, or whom
ever II may be- desirable 10 fund or
average any existing debt iucurrod
Tor county purposes, aud tuo revenue
Afforded by reasonable taxation are
considered insufficient 60 do the same,
the county court may Issue negotiable
coupon bonus In any sum OF money not
exceeding one PERI cent OF tue slaNaoie
property withih such county, 10 DO as'
cerlainVd by the last assessment ior let-
Tl,0iial ana county taxes. SAID ACT
provides further the denomination Of
tue bonds, the amount OF inioreui lhty
shall bear, and that the county court
may submit the question OF bonding 10
IA vote Of the TesiueHt taxpayers OF such
county, and ~ authorized To Call
special election iorthAt purpose
THIS provision authorizes tho tsu,
anco OF bonus 10 an amount about equal
10 the revenue Of the county Tor Two
hscal yoafs, aLd said act oOnlsins tue
further provision that no second or
tuUbequout loan ana issuo VI bonds u
secure the same shall be- mBdn or au'
thOtiZed by euoh county court, 40 long
ae the first loan and bonds, principal
aud Interest, mAdO under the prOyls'
Ions Of this act shall remain unpaid;
the latent being clearly expressed 10
restrict the total indebtedness OF the
county TO the revenues anu income Of
Tue two preceding fiscal years.
The total income aud revenue Of This
county for 1889 was, az shown by the
bIoka VI tho county treasurer $685.
bl4,l8, aud for the year 1893, $780,
IVA. an tnR inIul Ipnnunn anu FHguIilR