The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-07-19

fully solicit an opinion from you COW
ering the true status of the question
Of fees that should be covered into the
state treasury from and after January
4, 1885,
Answering your question, permit me
to call your attention to chapter 16 of
the laws Of 1896, which Pre- vides as fol-
lows: THAT all state, district. county.
city, town and school officers in the
state, excepting notaries public, boards
of arbitration, court commissioners,
justices of the peace and constables,
shall collect in advance for s1iVlce5
performed such fees as were provided
by the laws of the territory for like or
similar services at the zine the con-
stitution of this state was adopted, and
pay such fees into the public treas
uries as follows: All fees collected by
state officers and Clerks of district
courts in criminal and civil cases, ex-
cept probate fees. shall be paid into
the state treasury; all fees collected by
the clerks of the district courts in the
administration of the estates OF de-
cedants and minors, and all fees col
lected by county officers shall be paid
into the treasures Of the respective
counties; all fees collected by the Off
GERS Of cities towns and school dis
tricts shall be paid into the treasures
of the respective cities, towns and
school districts within which they are
collected. The said payments shall be
made by the said officers respectively
into the respective treasures, begin
ming on the 1st day of April, 1896, and
quarter yearly thereafter, and shall in
Glide all fees collected from and after
the admission of this state to the
union. This act shall take effect upon
approval. Approved February II, 1896"
Chapter ISL of the laws Of 1896, which
took effect June 5, 1896, provides diff
ferently upon the question Of fees, in
this, it fixes a new fee bill which
changes the amount of the fees to be
collected from that which was approx
ed under the territorial law, and also
provides that all fees collected by the
county clerk of each county in the
state, for services performed by him as
clerk of he district court, shall be paid
into the county treasury for the use
and benefit Of the county" See section
141 of said chapter, which is commonly
known as the county government
bill"
Section 1863 of the same act repeats
all acts and parts Of acts inconsistent
Herewith.
This latter law which contained an
emergency clause did not obtain the
lature to constitute 1T such, and there
fore did not take effect upon its ap-
prevail, to-wit, April l, 1896 but became
operative on June s. 1896; it will thus
be seen that the provisions of the first
bill as contained in chapter 49, supra,
controlled the question of fees, both as
to what should be charged and the
disposition thereof, from January 4 un-
til June of 1896.
Under this law it is clearly the duty
of the state officers and clerks of the
district courts in criminal and civil
cases, to collect such fees as were pro-
Utah, and to pay the same into the
state treasury. 1t is equally clear IN
der the Jaw contained in the said chap
ter that these fees should be covered
into the state treasury, beginning on
the first of April 1896, and quarter
yearly thereafter, that is to say, all
fees collected by the clerks of the dis
trict courts, as above provided, prior
to April /, 1896, on that date should
have been turned into the state treas
ury, and all such fees collected from
been turned into the state treasury at
the latter date. and certainly not later
than July l, 1885,
By the express terms of this act
(Which was approved February IL, 1896,
as above stated ard took effect, and
was in force from, and after that time)
it was retroactive, dating back and in
Guiding all fees which may have been
collected by such officers since the adj
mission of the state, to-wit. January
4, 1896
The amount of these fees to be col
lected by these officers during this per-
2
by the territorial statutes. OF course,
since June . the county government
bill above referred to has been in force
and all fees to be collected, and the
disposition to be made thereof since
that date would be controlled wholly
by that act, inasmuch as by it's terms
it repeats all acts and parts of acts in
consistent Herewith.
If any officer who is charged with
the duty of collecting moneys belong
ing to the state have failed to cover
your duty as state auditor to require
them to settle their accounts.
Sections Is, IA. Is and IS. chapter IS,
of the laws of Utah of 1896, provides:
Section Is, ''to require all persons who
have received any moneys belonging
to the state and have not accounted
therefor to settle their accounts" Il,
in his discretion to inspect the books
of any person charged with the re-
ceipts, safe keeping or disbursement Of
public moneys" Section IS, in his
discretion to require all persons who
have received moneys or securities
to render statements thereof
to him and all such persons must rem
der such statements, at such times.
and in such form as he may require"
Section 49, ITO direct and superintend
the collection of all moneys due the
state and institute suits in it's name
for official delinquencies in relation to
the assessment. collection and payment
of the revenue, and against persons,
who by any means have become pos
sessed of public money or property and
failed to pay over or deliver the same
and against all debtors of the state; of
which suits, the courts of the county
in which the seat of government may
be located have jurisdiction, without
regard to the residence of the defend
ants"
Under these provisions it is clearly
your duty to require all persons who
are delinquent in any of these matters
to settle their accounts, and if it be-
comes necessary to determine the
amount of their Indebtedness, that is