Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-07-18
AN OPINION ON FEES.
Attorney General Bishop Covers Tho
Question Thoroughly.
WHAT THE STATE Is Unified TO.



watded AZ opiuion to state Auditor
Richards, which will prove OF interest
TO county aud State officer. Il covers
very thoroughly the feo question and
IL Ne follows
"Hop. Morgan Richards Jr., State
Auditor Of State OF Utah
"Dcsf Still have before me your
favor % the 1914 Inst, In which you
submit the following pnd asked ~ be
advised thofoo o." Before entering upon
my uutiea IN the collection " the
moneys nrieing it0n fees collected by
the various officers IN the respective
counties VI thu 5latu, would respect.
iully solicit an opinion from you cover.
ing the true status Of the question q
lees that should be covefel into the
Sta 10 treasury from aud alter January
Alb, lSgBD
"Answcflng your question, permit
me W coll your attention ~ chapter 10
Of the Laws Of 1896, which provides a.
follow; 'fnat all State, district, coun.
", city, town and school officers In the
State, excepting uotAries pubic, boards
Of hfolttatlon, court commissioners,
Justices OF The peace anu eonstabiur
NhHh NNAitNN lA hANhutN lOf hNtNlUNh
performed, ench ices w were provide
by the laws Of tho Territory Tor like OF
similar services at the tine the COusli.
tuition OF this State was adoptsd and
pay tuch fees into the public treasure,
a. iollows: A fees collected by State
Officers aud clerks OF districts Ia ufimi.
nal anu civil cases, oKceDt probate iess,
shHll DO paid into the State tfsasuty;
ali fees collected by the CLERKS uf no
district courts In the aim 1 tfatlon Of
tue estates OF JtuuGuuts aul minors,
and all fcos collected ny county
Officers shall To- paid into the
treasures Of the,tospsCtive counties: n
Ices colltc.ed By ne Officers Of ci 10
towns anu school disttiu,s thail be pat.
lu,o tho treasures VI the respective
citius, towns anu school districts with.
IN which they Hru collectu Tho taiI
payments shall TO made w tue fnld
officers respectively Into the respective
treAtuties, beginning on the fifst day
OF April, 1895, anu quarter yearly
thereafter, Rud shall Include all fses
collected from aud after ihu admission
Of this State 70 Inc Union" "rhis
act shall take effect u ,lu approval.p
Approved Feofua ~ l7th, 1886.
"ChAptef 1871 Of the law. n SOC
which took effect June bib, 1895, pfy.
vid.s differently upon tbs queiti0n Of
Zee, In THE. II nKes a new leo bGl
which change, the amount Of the fees
10 be collected from that which was
approved under the Territorial law,
sud also provides that nil fess collected
by the couaty clerk OF each county In
tno lstsis, fOf services Performed by
him ~ clerk OF ihu district court shall
he paid into the county treasury for the
ute and benefit Of the county,, Ses
section Ia Of said chapter which IL
commonly known No the 'COuaty
Government Bill.'
"Scction 100 o! the same act Tepeals
all acts anu paris VI acts Inconsistent
herewith.
"fhis latter law which oontsined an
| emergency clause did not obtain the
necessary two third vote Of the Legis.
lAturo 10 constitute II such and there.
fore did NOT take effect, up1n its Az.
prevail, tO-wlt Aptil lat, 1888, tut 10.
came operative on Juue stu, 1850;
II will thus be seen that the provisions
OF the frat bill ~ contained 10 chapter
10, supra, controlled tho question OF
lees, both ~ TO what should be charged
anu this disposition thereof, from Janu.
AIRY 9TH until June 9th OF 1895.
"Undor this law II Ia clearly the
duty Of the State officers and CLERKS Of
the district courts IN criminal and civil
GASES, 10 collect such fees ~ were pro.
yidsd by the laws Of the Territory OF
Utah and TO pay the same into the
state treasury. IL Is equally clear un.
der the law contained In the said chap.
ter that these fees should DO covered
into the State treasury, beginning on
this fret OF April, 1896, and quarter
yearly thereafter, that 10 TO say, oil
fees collected by the clerks OF tho dis.
ttict coufts, ~ above provided, prior 10
April lsi, 1895, on that date SHOULD
have been turned into tho State treas.
ury, and all such lees collected from
April let TO June 9th, 1895, should
have been turned into me state tTeAs.
ufy at the latter date, anu certainly not
later than July lst, 1896.
"By the express terms OF this act
(which was approved February l7th,
1896, ~ above stated and took effect,
anu was In force from, land after thai
tlmel, II was retroactive, dating back
aud including all lees " mich may have
been collected by such officers since
tho admission OF the State, to-WlI.
January 18th, 1896.
1.-THE amount OF tneTo fees 10 be
collected by these officers during this
period, were such fees na were pre-.
scTibed by the Territorial statutes. OF
course since June 9th the county gov
ernment bill referred TO hss been in
force aud all fees 10 be collected anu
tho disposition 10 bo made thereof since
that date would be- controlled wholly
by that act, inasmuch Ms by Its terms
II repeats oil acts Gnd parts Of sets in-
consistent Herewith.
"ltHny oiilosrs who are charged With
the duty OF collecting moneys belong.
Ing to the Stats have failed 10 cover
ths same into tho State treasury, It Ii
your duty As State auditor TO require
them 10 settle their accounts.
"Ssctions 10, IL, 10 and 10, chapter
IS OF the laws oil Utah Of 1896, pro.
widest Section 10, TO require ali Der.
sous who have received any moneys
belonging 10 the State anu have not
accounted therefor TO settle their nc.
counts IL, in his discretion to in.
speot Tue books Of any person charged
with tho receipts, safe keeping or dis.
buTssmont OF publio money Hection
10, 40 his discretion 10 require all per.
sons who have received moneys OF
securities to
render statements thereof to him ana
all such persOns must render such state.
msnts, NJ such times and In such form
~ he may require. Section 10, TO