The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-30
OPINIONS BY BISHOP.
COUNTY ATTORNEY WARE ASKS
FOR SOME INFORMATION
Regarding the Proper Way to Vote
The Payment of Witness Fees In
Certain Cases.

Attorney General Bishop yesterday
issued two opinions of some import
ance. One relates to the present all
important question OF how to mark the
rev election ballot wfthout making a
mistake, while the other relates to the
payment Of witness fees.
County Attorney ]. Wesley Warf of
Wayne desires light IN some election
matters and asks the following ques-
tions:
sFirst-will a cross after the eagle
ta counted for the entire set of county
nominees on the straight Republican
ticket, since they did not adopt or GER
tify party emblem in their certificate
OF nominations?
''Second-The Republicans of this
county have filed second certificate of
nomination. styled the Independent
Republican party, and adopted the en-
blem of the said party, but we did that
too late to get our senator, Mr.. X. ;.
Collects, name on il. The question
is. il we cross after the bee hive and
then cross after Mr.. ColiettS name,
5 which will appear as the nominee by
the regular Republican party, will our
vote be counted for the list of candi-
dates named by the Independent Re
publicans and also for Mr.. Collect?
The same set Of nominees were nonlin-
ated by both parties with the exception
of Mr.. Collett."
Replying 20 the first question the at
torney-general says it was not neces-
sary for the county convention to adopt
or certify a party emblem, as that
ccmes within the province of g, state
convention. This being so. the cross
placed after the eagle would be equiva-
lent to a vote for each and all of the
candidates upon the straight Repub-
licaa ticket
Mr.. Bishops reply to the second
query is: Il am of the opinion that
the cross placed Opposite the emblem
of the Independent Republican party
would be equivalent to vote for each
and every candidate upon that ticket.
If / understand YOU correctly, Mr.. Col
lett was the nominee of the regular Re
publican convention for state senator,
and that the Independent Republican
convention made no nomination for
this Office. If this be the fact. then the
cross placed opposite the name of Mr..
Collett for state senator, would be
equivalent To a vote for him, and would
not affect the vote as indicated by the
cross opposite the bee hive for the en-
tire set of independent Republican
nominees. In other words, a cross
placed after the emblem of the Inde-
in question. and a cross placed oppo-
site the name of Mr.. Collett would be
tantamount to a, vote for the straight
independent Republican ticket, as we'll
as a vote for Mr.. Collett for state SEN
ator''
Prosecuting Attorney Morris of
Washington county asks the following
questions as to how witnesses and
bailiffs are to be paid in certain cases:
viii you please give me your opin-
ion how witnesses are to be paid who
are subpoenaed on behalf of the de-
PENDANT by order of the court, after
making the necessary affidavit, that
he (the defendanO is impecunious and
unable to pay the per diem and mileage
of said Witnesses, as provided in chap
ter "a, section s. of the laws Of 1892.
Second-Does the state or county pay
the bailiffs who serve in the district
court?"
Relative 10 the first inquiry Mr.
Bishop says: I am of opinion that
such witnesses are TO be paid in the
same manner as those who are sub
pcenaed on behalf of the state, that is,
the order of the court made in purSll-
ance of the law which you cite. is the
basis and authority for the issuing of
the certificate OF attendance and mile
age by the clerk of the court, and the
said certificate when so issued should
be included along with other certifi-
Gates issued by the said clerk, in the
statement required to be made by the
county treasurer and the county
auditor to the state auditor, as pro-
vided in section 166. chapter 131, of the
laws of Utah, 1896
''-As to your second inquiry. / am of
opinion that the compensation of
ba6liffS who serve in the district court
is a liability against the county,