Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-09-28
STATE NOT LIABLE
YoU cAS REGISTER TOMORROW.
Resolution 10 That M CT by County
Cumm Ioners - usiueis In su'
pr M aud Dlslr.ci Courts.

Attorney General A. G.. Bisnop TO-
day transmitted the following opinion
to s,ate Auditor Richards. II relates
to the liability Of the State for half Of
county colosiors' salary'
Dear SRI have before me your
favor 9t srplembor gsih, In which you
submit tho following Tor my opinion;
uIs tho Slate liable TOT the half
salary Of county collto lor from
January 4,h, 1896, 10 June lat, 1897
At which latter date said oiliCo Of
collector vii Dc abolished, and the
dutles Thereof, from then on, be per.
formed by tho unity treasurer, who
will receive the combined salaries Of
the collector ami treasurer, now
divided BY 500. o, chap. i2i, Session
Lava Of 1893; and, for the hall Of
which the STATE vii b. liabt2
Or In other words, am l AUTHORIZED
20 audit statement, Cefiiuoi TO by the
county auditof aud county treatufer,
OF county warrants issdod 10 the atiof'
ney, treasurer and assessor, aud Ike
Wise embracing the compensation Of
the county collector, AMI 20 draw a
state warrant Tor Ono.half VI the whole
amounGn
Toe only question involved In your
inquiry, NJ / take u Il, whether tue
! State Il liable for ons.half Of tbs salary
nf tho county collector from January
sth, 1896, o. June bi, 1891
| beg 20 call your attention 10 atciion
4 OF chapter l2i, pngr sos, OF the Laws
OF 1895, being au act 70 provide Tor nN'
ing salaries and compensation OF state
ana county officers. Tnis section nttt
! provides Tor tue classification ni cguu.
| ties, aud nxus the maximum salary
for tue county officers Tor each class
respectively, with the exception of
assessor, county attorney aul tfe snref,
/ Ia when cases the amounts ore deuuilt-
| ~ liked 10, d. q Tot the salaries OF, such
| oiilourr, then ,su'es provisn,as toll0Wa
| "Pr1videu, that until tho hfst Jay Of
June, 1891, ut which time tho ofilce Of
| county collector IL abolished, and the
! duties thereof ate 10 DO discharged by
| the treasurer, the aalAfies OF collectors
are deiiuiluiy hx0d at the following
amounts, such salaries 10 continue uu.
III June 1t, 1877"
| Under this oisssifloatlon the salaries
of these oflicuta In Glass IL, The class 10
which youf inquiry feiers, would be
a. follows, that Of collector, $3.50; that
OF treasurer $3.50. Section VI
said ACT pTovidea aa follower
"rhs salaries Of county officers
must be paid quarterly out OF
tho contingent fund OF tne county,
upon an otueT Of the board u county
commissioners, but Ono halt OF thu
| salary OF Assessor, county attorney and
treasurer snail be borne BY the state,
and paid ~ provided by law"
ltwili thus be observed that iron
Jan. An, 1895, 10 Juuo lat, 1897, tbs
salary OF county treasurer " 500 pei
year, ami under Sec. . supra the stat
would b. liable Tor one half OF thi
aniounL IL will also be observed tina
under tbs general Classification, In
talary OF lTenursfa coming under the
ilth clafs 10 fixud al $500, anu undo
section o, Aforesaid, bfgiuning Will
Juno 1, 1897 ami thereafter, the Stat'
Will be- liable ior one half OF tina
amount, which represents tbs CON
prnsatiou 10 that officer for the pei
iormanue Of the duties which there
tolofo belonged y tho treasurer an'
collector.
The question seems to have atisol
, whether the State IL liable Tor ono hal
the salary provided for collector, ftou
January 4ih, 1896, 10 Juue Isl, 1891
The only answer 10 THIS question u
} that under the provisions Of section
the Legislature did not SEQ ~ ~ con
I. rtltute II n liability against tho Stat,
, There In no ambiguity about tut
. 0ectlau; II clearly appears that the onl
} liability OF the State IA TOT one half Z
/ the salary Of assessor, county altofne.
! anu treasurer.
THIS view IL strengthened by tn
provisions Of Section 1876 u tho count
] government bill, when provides for
. statement ~ DO made by tho count
= treasurer aud the county buditor {
. each county, 10 the btate auditor
. showing among other things, all wal
rants drawn Tor salaries OF county al
] toTney, county treasurer and count
. Assessor, aud provides that the Stat
auditor shall draw his warrant upon III
State treasurer for one half OF sal
amounts, clearly indicating that tn
: States liability shoull b. limitei
the payment VI Que half VI the n
aries Of county attorney, county trol
sufer and county assessor
am therefore u opinion, that u
= State 10 not liable for ono.hali the "a
sry OF county collector from Januaf
n 4th, 1895, 10 June Let, 1891,
h have the honor 10 DO,
4 Very respectfully you're,
4 a. q. BISHOP,
Attorney General.