The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-07
COST OF THE ELECTION
Expense Was $4,000 In Thi
County Alone.
THE CLAIMS POURING IN
COMMISSIONERS WE'RE KEPT BUSY
YESTERDAY AUDITING THEM.
Item of Registration VIII Foot Up
S7,OO0-An Opinion From County
Attorney Whittemore-Denni c..
Eichnor and l.. Il. Rhodes APP
pointed Assistants.

It costs a great deal of money TO run
an election under the Australian system
An appropriation Of $4,000 will scarcely
cover the expenses of the recent election
in this county alone.
The board of chunty commissioners
was occupied all yesterday afternoon in
auditing election claims, and there were
plenty of them. The cost of registra-
ton alone will amount to about $1,000.
including the recopying of the registration
lists. Ard then the cost OF printing over
SEQ different kinds OF blanks for returns
will run UP into the thousands. The booths
cost III the neighborhood of $1,000, and
the hauling to and from the polling
places is another expense. The accurate
cost cannot be definitely determined yet,
as many of the claims are not in.
WHITTEMoREs OPINION.
The enormous expense is puzzling the
commissioners, as il will be a serious
drain on the treasury. County Attorney
Whittemore was called upon for an
ness that can be incurred by the board.
In response to this request Mr.. White
more submitted an opinion which besides
the legal phase of the question, gives
some interesting figures showing the
revenues and expenditures for the year,
as well as the present condition of the
county finances. The opinion reads.
In response to your request for an
opinion as to the amount of indebted
ness that can be legally created by coun-
ties in this state, beg leave TO advise
the state constitution, and section of
chapter Isl Of the laws of Utah, 1885, It
is provided that no debt in excess of the
taxes for the current year shall be ere
ated by any county or subdivision there
of, unless the proposition to create such
debt shall have been submitted TO a vote
OF the qualified electors Of the county.
Section of the same article of the con-
stitution limits the entire Indebtedness
that can be created under all circuzn-
stances to per centum of the assessed
value OF the property of the county. 1t
viii be necessary to first determine the
manner in which an Indebtedness is in
CURED or created against a county.
"A statute OF the late territory of Utah,
of the state constitution and laws above
quoted received a judicial construction by
the supreme court of said territory in
the case of Fenton VS.. Blair ct al, and
deb.edness was incurred, within the
meaning of the law. until after the ex-
penditures in any year exceeded the
revenue for such year. The opinion Of
the court in that case upon this question
is as follows: We agree with counsel
for the plaintiff that the allowance OF
claims against the county equal TO the
revenue for the current year is not a
creation or mourning of any Indebtedness
or liability. While the taxes for the cur
rent year are not collected until the
end of the year, they are, undoubtedly
after they are levied, regarded as legal
certainty, and are to be treated as if
already collected; and allowances may
be made against such taxes to the extent
Of such levy
Applying this construction TO the pres
ent law. it would appear that claims may
be allowed against the county during the
present year-1S96-to an amount equal to
the revenues OF the county for the cur
rent year. and. IN addition thereto, claims
may be allowed 10 an amount equal TO the
taxes for the current year.
II am advised by the county auditor
that claims have been allowed and war
rants have been drawn on the county
treasury. from January LIST. TO November
9Th. 1896 to the amount of S21S.021 SO, and
that OF this amount $26521.47 was for in
debtedness created prior to January LIST. |
1896. and that warrants to the amount of
SO, $3.50 issued during the present year.
have been cancelled and paid. Deducting
these two amounts from the total of war