The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-19

of which the lands We're granted by
the general government; but who, at
the same time, would be so just as to
create no unnecessary hardship to
the occupant of school lands.
Last, but not least, we suggest that
they be not all of one political faith.
VALIDATE COUNTY INDEBTEDNESS
There is now pending before the leg
islature a bill introduced into the
House by Mr.. Bolitho, providing for
the valuation of all county warrants
issued by any county of the Territory
of Utah, and all claims, liabilities, or
debts contracted or attempted to be
contracted prior to the fourth day of
January, 1896; Notwithstanding the
same or any of them may have been
issued or contracted in excess Of the
limit to which said counties respec-
lively might by law issue warrants or
incur Indebtedness. 1t is provided,
however, that this act validating war
rants and indebtedness shall not pre-
vent the said counties from contest
ing or defending against any such
warrants, claims or Indebtedness upon
any ground other than that the same
was issued or contracted in excess Of
such debt limit. That is, this valida-
ton of warrants and debts extends
only so far as removing their illegal
ity on account of being issued in ex-
cess of the debt limit of the counties
of the Territory Of Utah.
The bill is intended chiefly to legal
ize the warrants issued and debts con-
tracted by Salt Lake county in excess
of the limits fixed by law; as, so far
as we now know, there is no other
county that has exceeded its debt con-
tracing limit. The county officials of
Salt Lake county, however, did it, and
that in violation Of law. Section 173
of the revised statutes of Utah in
chapter provides:
That no county shall incur any in
debtedness or liability in any manner
or for any purpose to an amount ex-
ceeding in any year the total amount
of its income and revenue for the two
fiscal years Immediately preceding the
incuring Of such indebtedness. ANY
Indebtedness or liability incurred con-
trary to this provision shall be void.
Sec. 174 All contracts, authoriza-
tons, payments and liabilities to nav
made or attempted to be made in VIC
lation Of this act shall b absolutely
void and shall never be the foundation
Of a claim against such county.
Notwithstanding these plain provi-
sions of the law the Salt Lake county
officials did contract debts beyond the
limits prescribed to the amount Of
nearly one hundred thousand dollars;
and now comes to Boltho bill and pro-
poses to validate those debts contrac
ted in violation of that law.
Ordinarily we regard that kind of
legislation as utterly immoral, vicious,
and dangerous to the honor and integ-
Tity of the state; calculated to beget
in public officials disregard of limita-
tons fixed by law. and place within
their hands power to override the ex-
pressed will of the people and become
a law unto themselves; and force
upon the people burdens of indebted
ness against which they have tried to
erect barriers. 1t IS a kind of cold
blooded proposition to legalize that
which at the time it was done was ex-
and If it was possible to bring this
proposed valuation act this side of the
constitution that it would stand as a
precedent in this state, The Herald
would use every means within dts pow
er 70 beat down and defeat that law:
for it is in principle vicious and bad
utterly. But it cannot get this side
of the constitution. That instrument
fortunately erects an effectual barrier
to this kind of legislation hereafter.
Section so of article of that fnstru-
ment says:
The legislature shall have no power
to grant, or authorize any county or
municipal authority to grant, any ex-
ira compensation fee or allowance to
any public officer, agent, servant or
contractor, after service has been rem
dered or a contract has been entered
into and performed in whole or in part,
nor pay or authorize the payment Of
any claim hereafter created against
the state, or any county or municipal
ity OF the state, under any agreement
or contract made without the author
ity of law
Since. then, this kind Of legislation
hereafter is impossible in the state, we
are willing to make some concession
to the proposed legislation. We
concede that those who furnished
public service or labor or ma
terlals or other goods to the
county and received warrants in
payment for the same, have a clear
case in equity and should be paid by
the county; and the same extends to
those who purchased the warrants. 1t
may be said that some present holders
purchased those warrants at a great
discount and for speculative purposes,
some Of them perhaps knowing that
they were issued in excess of the lin
its fixed by law. That may be true,
but rising above all those considera-