The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-16
OPINIONS BY BISHOP.
MORE INFORMATION REGARDING
COUNTY COLLECTORS SALARIES.
The State Liable For the Expense
Incurred By the Sheriff in Extra
diting an Escaped Criminnl-0ther
Matters Passed Upon,

Acknowledgement Bishop is being kept
busy these days answering questions
concerning election matters and county
collectors salaries. OF the two widely
discussed topics, the latter seems to be
causing the most trouble to the county
attorneys in the different counties of the
state. The question hinges on the states
liability for ons-half OF the collectors
salary, on which point the law is not
quite clear The Encouragement has
decided that the state is not liable. how
ever. and in conformity with this ruling
county auditors have been cautioned not
to include the collectors salary in their
statements to the state auditor.
Under the territorial rule assessors
and collectors were paid q per cent for
doing the work, one man holding both
offices. and the expense was divided be-
tween the county and the territory
most counties will be about the same,
only the state portion of the tax is sthe
larger amount. Now. what a great
many counties want to know is if it. is
expected that the collector shall collect
the state portion of the taxes and the
county pay the bill, or can the county
charge the state for collecting the taxes
under the old territorial law.
The salary bill set the collectors COM
pensation at $500 for this year, but made
no provision for the payment of it, eX-
cept by inference. Now the question
asked is if the state is not liable for
any portion of his salary, why did the
legislature fix the amount which he is
to receive? -
To this the attorney-general replies
that under chapter 1885, section 3, the
salaries of county officers must be paid
quarterly out of the contingent fund of
the county upon the order of the board
of county commissioners. Then the same
section provides: But one-half of the
xl,,.- -F md
treasurer shall be borne by the state
and paid as provided by law Thus the
law is specific, and the attorney-general
thinks there is no way of getting around
the provisions, and therefore the state
is not liable for half of the salary of
any except the aforementioned officials.
County Attorney Hoffman of Emery
county has sent the encouragement
portance to people all over the state. The
questions are as follows:
SIS the state liable for the expenses
incurred by the sheriff in extraditing an
escaped criminal?
rs the state liable for the expenses
incurred by sheriff pursuing an alleged
criminal outside of the county of which
he is the sheriff?
the above be in the affirmative. in what
manner should the claim be presented?'
To these Mr. Bishop replies:
Answering your first question, per-
init me 10 suggest tudt III my O-'i4iAOAi
the state is liable for such expenses.
"As to your second question. / am Of
opinion that the state is not liable.
I'm answer to your third prooos.tion
l would suggest thats an acco-rnt be
stated by the person who is constituted
the agent of the state. showing the va
rious items of actual and necessary eX-
pense; by that | mean the actual ex-
penditures of money. and for each item
thereof, when practicable, voucher
should accompany the bill. Of course
the sheriff would not be untitled to
charge anything for his own personal
services or time. as his salary is SUP
posed to cover this. The account should
be verified, and presented to the state
hoard of examiners"