Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-07-23
REGARDING BAD BOYS
Ana EXpnst Incurred IN PlaCinS
Them in tho Industrial School,
the ATTORNEY GENERALS OPINION
As {, Claims n n tim, and Other
County nc Rs in Il isrhirgs
oil this tla,s Il lutirs.

Attorney General Bishop today pro.
nlulgated The following opinion affect.
Ing liability for expenses 10 conveying
persons to the State iuiuttrial tchool,
tmorly tue Reform school.
To tho Honorable Board Of Trustees Of
tn State Industrial school, q tden
City, Weber County, Utah;
GonilCmpr-I have before me your
inquiries submitted by q. n. H1lhngs-
" fih, secretary Of your board, under
date Of July lsth, Ia which you nak to
be advised upon the following POLITE.
Flrsg You submit the bili ofa deputy
sheriff OF Box Elder county contain.
ing tho following itumt: for arfelilng
tscapUi inmate o. the State InduatriAl
school, 81; dinnor for the inmate su.85;
two tu.ugfams, IS each, 500;
railroad ticket for inmate from
PrJmontofy 10 Ogden, $40,
nny -Hvo miios mileage NJ twenty
cents per mile, ono wby, sll, aui ask
10 tue taid bill Ia n proper change
against the State industrial school nrd
rnyu0le out q tho ge1oTal appropria.
ii0n Tor tho maintenance OF the iai
institution, or Is II direct chArgo
against the State Of Uttb. In my
opinio1 oil proper and necessary bill
10 this character would be n proper
charge against the State Industrial
school ana would bb payable cut OF the
20 Iofal appropriation for tue mainte.
nance Of such Institution aud not
charge agalnsttho State Of Utah. Bac.
ono; IL II Ia q charge against the
lndustfinl school, " the item VI TWEEN.
" cents per mile Tor Bringing the IN.
mate TO the Insulation such a. Ia pc.
scrlbod by lan2 Ia section ii6 Of tue
county government hill, iouhO Oh page
bB3 OF the Laws OF Utan OF 1886, pro.
Vision IL made Tor mileage Ia certain
caaee, but In my opinion, these charges
tot mileage can only obtain In civil
cases aud that no mileage cAn be
charged by n shofil a. cumintl caos;
see also section 1852 Of tie same act;
TINS ia especially true OF all criminal
chics arising within the county.
Whether this care wJul1 come With.
IN the rule which rtquifos the sheriff
10 make all leghl Affsstg, within hls
county, (ns "a provided ia subdivision
dissection 10 Of the county govern.
ment bill, wherein II prescrlbes the
lutics of sheriii) IL not quite clear,
however section lij, supra Il the ouly
law, 60 far NJ 1 have been able 10 die.
cover, authorizing such otilctr 10
charge mi ehge, aud In my opinion
there n nothing Ia that section
that would authorize charge
VI miiago In this case. UudrI
the Constitution Rnd the laws on.
acted In pursuance thereof the sheriff
OF the county " 10 BE- paid fixed anu
definite shl,ty, "which ahall be- iull
computation ior all services Of every
Eind and description rendered by the
CflioUt nameI heteiu.n See section 10,
chapter l2i OF the laws OF Utah. 1885.
From tee latter part OF section 1859
and uo,iou 1871, l take II that tbs In
ttntiUu OF the Legislature wac, that all
county Cfiloets should bp required to
render services 10 the sat or county
without fee nu the sallty VIII On tuch
1fiicer receives IL 10 lo considered no
covering all such services.
TAXING int consideration all of The
pf0visi3ns Of the law, l am Of tue
/ OpiniI n that the item OF miltn.o con.
,aiuei In the said bill h not proper
/ charge, nor II the Item oi 81 for max.
lux tho arrest. 1 am Inclined to thiuk
| tbpi the ether items contain iu tue
said bill, n they 40 reasonable
charge, should 10 Allg,fs, a..u .uJ
| Yln,f actual anu necessary expenses
which may have been incurred ia tho
apprehension And delivery " the baid
boy into the charge Of the superiuteu f.
ent OF tue sail Institution, including
any iiom for which money was Autu,
y md roc,esarlly paid Gui by the
| 6alg UillcOi; that be- 10 entitled 10 no
compensation Tor bis services, because
that Is covered by his salary; he
10 not entitled 10 mileage, because
{ Is the intendment OF the law that
such services shall DO Io.ilgmeI Tor
tho state without charge, aud Tor the
/ further rensr that mileage in criminal
ca 10 Ia not authorized BY law,
Your thifd question having been
/ FULLY covered tn my answers 10 yOuT
trst Apu Sc ud, do not deem II nee.
essary 10 give II further consideration.
/ have the honor 10 be,
Very respectfully you're,
A. &. hsHUr,