The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-06
NEW COUNTY COURT.
ORGANIZED YESTERDAY WITH Sc
LECT1rAN GEDDEs CHAIRMAN.
Judge McNaIIy Steps Down and Out
Payment of Delinquent Taxes
Compensation of the Probate
Judgc-Reports Sent In.

The county selectmen met in special
session yesterday, reorganized the
county court and elected A. S. Geddes
chairman. This action was necessi-
tated on account of the recent decision
of the supreme court, custing Probate
Judge NIcNally, who, under the terri
torial statute, has acted as presiding
officer of the court. 1t was expected
that the court would come to an agree
ment and award the contract for an
elevator in the building, but the mem
bers were still undecided, and the brief
session was taken up in considering
communications from the attorney and
making some important appropriations.
In the matter of the application of
the territory ex. rel. John t. Game,
ect., VS.. J. c. McNally ct. al, for a
writ of mandate compelling the coun-
ty court to order a warrant drawn for
the sum of $S,754.06 in favor of the ter
rltory for its proportion Of the taxes
upon property sold to the county for
delinquent taxes since 1898, County At
torney Whtttemore reported that a
Judgment was rendered in the court
requiring the county to pay S4,7141O.
being the amount heretofore received
into the treasury on tax sale redemp-
tons, and denying the application
made for the territorys proportion Of
the taxes on property sold 10 the coun-
ty which has not been redeemed
In view of this decision the attorney
recommends that the warrant be
drawn on the treasury for the amount
prayed. and likewise that warrants
be drawn in favor of the city school
board and the various school districts
throughout the county for which the
county is now holding moneys collec-
ted on the redemption of property
from tax sales.
The decision of the court in the mat
ter cannot be viewed in the light of a
defeat, from the fact that the princi-
pal contention on behalf of the county
was that it is not liable to the terri
tory for its proportion of the taxes on
property sold ITO the county for de-
linquent taxes until redemptions are
made and the money is actually re-
ceived by the county. Practically the
only question raised on the part of
the county in the matter was whether
the county, having exceeded it's limit
of Indebtedness, could be still respon-
stble to the territory. The court in
passing upon the question decided that
the county stood in the relation of
trustee. and not of debtor, and hence
any money in It's treasury would be
liable for the payment of the trust
fund
This decision is always applicable to
the relations of the county to the city
and the various school districts
throughout the county; wherefore, the
attorney advised "a prompt settlement
with all of them
The attorney also returned the
claims of J. c.. McNally, Selectmen
Geddes, Roberts and Christopherson,
Sheriff Hardy, County Clerk Stanton
and Treasurer Lynn, for January COM
pensation and recommended that they
be allowed, except in the case of Judge
McNally who, under the recent ruling
of the supreme court, was only entitled
to compensation for services rendered
prior to January IS.
The question ON this point was
whether the laws fixing the compensa-
ton of the probate Judge and select
men and authorizing the county court
to fix the compensation of the other
county officers named were repugnant
to the constitution.
The attorney points to the provision
in the law and holds that inasmuch as
they do not conflict with the constitu-
ton they are still in force and will
continue SO until the legislature makes
proper provision in fixing salaries. The
attorney in conclusion recommended
that no further action be taken relat-
ing to the fixing of salaries for the
year until the present legislature has
taken some action upon the subject.
County Meat Inspector Clays pre-
scented his report for the month of
January showing that SOL head of
stock had been inspected during the
month.
Favorable report was then made by
the attorney on the petitions of Squire
T Harvey and Elizabeth A C. Adkins
for relief from alleged erroneous tax
sales.
Adjourned until Monday.