Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-09-15
COUNTIES MUST PAY
Jurors Engaged IN The Trial Ol Civil
Cases IN The District Courts
JunGE STREET WISHES An OPIsiOS
10 That y frsct--Answ r. Filled 10 bacon
Casss-Setiirg n tie supreme
Couri tal ndar.


Morgan Richards Jr., State auditor
which was brought 10 obtain a writ o
mandate 10 compel the nu iitor TO issu'
n warrant on the State treasurer FOL
the n ilepge aud per diem OF juror
while employed Ia the district o1urts
whether they were engaged In civil oil
criminal oases. The defendant con
tended that the Juron' compensation
while engaged In civil cases, IL ex
pfessly made a county charge. and tnai
thel plaintiff having included tome oil
this nature along with fees tor service
10 criminal cases In his demand, IL mol
entitled TO n writ OF mandate.
In his opinion Judge Street says that
one section Of the county government
act provides that the Gums required by
law 10 be paid 10 Jurors IN civil cases
small be a county charge anu II should
be- noted that this provision appears NJ
one Of eleven specific subdivisions OF
section les, each Of which applies "
matters arising In connection with the
administration Of affairs Of the county,
including matleb connected with the
administration Of justice In both civil
and criminal causes In tho district
courts. AZ 10 the remaining eubdivis-
ions, thsso would seem 10 DO no quts.
ton but that tho county must pay,
without reimbursement from the State,
all charges lawfully aeotuibg under
any OF auch subdivisions.
Section leg In connection with the
subdivisions OF sections "a and IFS, n
considered alone and without limita-
tons, would seem 10 require the county
treasurer and the county auditor 10
make and transmit 10 the state auditor
n complete itemiEed statement VI all
certificates Issued by the clerk OF the
district court and county attorney lot
mileage anu attendance Of grand
Jurors (whose compensation IL not made
a county charged anu the mileage anu
attendance Of ali petit Jurors engaged
in the trial Of cases In the district
court. These provisions standing
alone would probably be- construed 10
include the mileage and fees Oi jurors
engaged IN the trial OF civil causes In
the district court, az well ne In criminal
castA
1t IL commended upon the part OF the
county that section 100 must be con-
stfuod either ~ requiring reimburse.
ment TO the county by the blate OF
fees Of Jurors engaged In trial OF civil
cases paid under subdivision 4, Of Sec
tlon l05, or that the two sections are
fepugnani, and that section l60 must
prevail NJ constituting tho latest OK.
preston OF the legislative will and In.
Vent.
IL seems TO ma that the former con.
tention leads TO o reduciio nd Absur.
dam. To make the mileage and
attendance Of jurors In civil cases
(which are tho sums required by law
20 be- paid 10 Iurors In such cases Ia
county charge In one section and then
in the next section TO make them
State charge by requiring repayment
TO the county by the State 10 an alb
rurdiiy which ought not TO DO ascribed
TO q legislature, even ono which was
overorowded with the demsnds OF
necessary legislation.
The greatest weight In the argument
on behalf OF the plaintiff was given
TO tho remaining contention, 4. o., that
section 1865 being wholly repugnant
and irreconoilablo with subdivision 4
,sgardad- Tba Innni,v rnnss n. a. ~,
whsihsy mr. no, men ,snnsnsrc.
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