The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-08


ton, and for this he was to receive
81. That was the only fee, said Mr..
Varian that the county clerk was
authorized to claim.
As to the proposition that the clerk
could charge no fee unless specifically
authorized by the statutes Mr..
Varian cited the effect of Clerk STAN
tons view by the Illustration that If
d mans property was sold and he ar
ranged to redeem it, he must pay the
county clerk 81 for issuing the deed
and $3.50 for recording and acknow-
lodging and then would have to pay
81 more for recording in the recorders
Office, which position counsel held was
not tenable.
Hon. C.. z Allen.
c. E. Allen next took up the discus
sion on behalf of the county clerk
charging for issuing the deed, for ac-
knowledging it and for recording 1t IN
detail. As to the 81 for issuing the
deed, there was no contest. Regarding
the acknowledgment, MIR. Allen said
the county clerk had to get a notary
to do that, and the law surely did not
contemplate that the clerk should pay
it out of his own pocket. The legisla-
ture had not intended to affect the fee
for acknowledgment as provided in tine
general law, but merely to limit the
charging for issuing to 81, as the pre-
vious county clerk had charged as high
as IS. AS to the recording at length,
MI Allen insisted that that was what
the statute contemplated, and not a
mere memorandum for the benefit OF
the county court, as it was not a. mat
ter of interest to the court, concerning
only private parties to the contract
which the deed represented. The coun-
ty clerk could not be indicted for this
recording at length and charging there.
for, because the law required II OF
him. AS TO the last question asked by
the grand jury Mr.. Allen said the clerk
did not contend that an affirmative an
swer should be given; the law was
plain that a negative reply was proper.
AS to the other three questions, Mr..
Allen insisted that the law required an
affirmative reply ITO each.
C !. Pence, on behalf of Clerk STAN
ton, argued that the recording OF DEEDS
bv the county clerk meant recording
at length No other record, OF deed
could be made; a memorandum was IN
sufficient.
Judge Howat, on behalf of the gov
/ eminent. insisted that the only com
pensation the county clerk was entitled
/ to was 81 for issuing the deco. he
co11ld NOT demand the 81, and then IN
! sist on so cents for acknowledging II,
as it was not a valid deed until 1t was
acknowledged. If the clerks claim was
right. then the issue OF the aeeo q eos -
| 81 30 instead of 81. The law SalQ 81
! was the limit. and if the clerk did not
like it he had the privilege OF resign
/ ing He could not extend his compen-
! s3Iion. If the truth had been sought
! for as diligently as the fees in TINS
matter. there would have been no
I question as to the meaning OF ule law:
] As to the recording, it was a record OF
| tbe fact of issuing the deed. not copy
! mo the deed in the record; the latter
was the recorders business. He an
swered all the questions of the jury IN
! the negative.
This closed the arguments and Judge
Merritt asked if after hearing the re
marks of counsel it was necessary 10
/ instruct the grand jury.
Judge Howat thought the grahu
! jury was as much In the DARK as eve
Judge Merritt then said to the jury
that it was not within the province or
| the court to say whether or not the
fee for the county clerk was sufficient
that was for the legislature. That
body had authorized 81 to be charged
for issuing the deed. 1t authorized
no charge for acknowledging and none
for recording The full fee was 81,
and any other charges were unauthor-
lied and excessive.
The MfIeage-Makers.
This point settled, the grand jury
presented another set Of questions IN
regard to the mileage allowed for the
selectmen. The following is the full
text with the heterogeneous and the
answers finally given by the court for
the instruction of the grand jurors:
To the honorable, the judge Of the dis
trict court Third judicial district OF
4sl jI11.N from
! evidence before it, that the selectmen
of the county of Salt Lake have charged
! and received from the county, mileage
at the rate of 2Oc. per mile; one way,
| termed Committee work" viz, exam
lining public highways and investigating
| cases of poor these services not being
| performed at any session of the county
court nor by the members of the county
| court acting as such court, but by indi-
vidual selectmen while doing what is
termed COMMITTEES work as specified
above, the mileage charge being from the
| county seat to some place in the county
TO which they travel.
1t further appears that one of the Sc
| lectmen removed temporarily from the
county during the summer for about one
| month and charged mileage for attend
ing the county court from the county
line, while his permanent residence IN
Salt Lake was much less distance IRON
the county seat.
The grand jury desire the opinion and
! advice of the court upon the following
questions:
o.-Are the selectmen entitled to. a
compensation of $500 per day for doing
what is termed committee work, as
above specified?
O.-Are the selectmen entitled to re-
ceive from the county when doing COM
mittee work as above specified, in adj
dition to $500 per day mileage at the rate
of 2Oc per mile one way. or any other
rate from the county seat to the point
in the county to which they travel?
A-No.
Q.-when the county selectmen are do,
mileage from their residences to the
county seat and then from the county
seat to the place TO which they may
travel2
OFF a selectman removes temper
arily from the county is he entitled to
charge mileage at the rate of zoe. pei
the county seat for attending the county
court, when his permanent residence is
much nearer to the county seat than the
county line?
| A.-No.
O,-When the county court is in con
tinuous session from day to day, are
the members entitled to mileage eacl
day from their residence to the county
seat if they go home every night ant
return in the morning to attend the ses
sion of the county court?
A-No.
o.-Where selectmen live at the count.
seat but some distance from the count!
court house. are they entitled to mile
age in going from their residence Il
the county court house to attend session
, of the county court!
A.-No.
. Hon. T. L. Williams.
Attorney P L. Williams, who ap
: reared for selectman Geddes, ad