The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-04-26

any question concerning the rights OF
privileges Of county officers under any
territorial laws except those that were
continued in existence by the consti
tuition itself and that were not repug.
nant to the provisions of the constitu.
ton.
Article 81 of the state constitution
makes provision for salaries and fees
Of county officers and provides for the
payment of the fees into the proper
treasures. By section / of said article
it is provided that all county officers
except justices of the peace, constables
] and notaries public shall be paid
fixed and definite salaries By section
OF the same article the legislature is
required to provide by law the fees
which shall be collected by county Of
ficers within the state, and that
notaries public, justices of the peace
and constables, paid by fees. shall &C.
| cept said fees as their full compensa-
ton, and all other county officers shall
be required to keep a true and correct
account of all fees collected by them
and to pay the same into the proper
treasury.
BY these provisions it clearly ap-
pears that q change was made in the
manner in which certain county Of
ficers should be compensated for their
services to the extent that instead of
receiving fees as such compensation
they would receive salaries, and the
fees collected by them would go to
the county or state. as the legislature
might provide. 1t is therefore evident
that no county officer, except justices
of the peace. conStables and notaries
public, has any authority whatever to
keep the fees, or any part Of the fees
collected by him for the performance
of official services since January l,
1896. and that the compensation of
such officer for all services performed
by him in his official capacity must be
by a fixed and definite salary.
It will next be necessary to con-
slider in what manner the Legislature
has carried these various constitutional
provisions into force and effect.
The first act of the legislature con-
corning this subject was approved
February II, 1856. This act provides, in
substance that county officers, except
rotaries public, justices of the peace
and constables, shall collect in advance
for services performed such fees as
We're provided by the laws of the ter
ritory of Utah for like or similar SER
vices at the time the constitution Of
this state was adopted, and pay such
fees into the public treasures as fol-
lows: All fees collected by clerks of
THE district courts in criminal and civil
cases, except probate fees, shall be
paid into the state treasury: all fees
collected by the clerks of district courts
iE the administration Of estates of de-
cedents and minors and all fees col
lected by county officers. except meta
ries public, justices of the peace and
constables. shall be paid into the treas
uries of the respective counties, and
that the payments shall be made by the
said officers respectively, beginning on
the first day of April. 1895, and quar-
'te~'v there9 fter. and shall include all
fees collected from and after the ad- |
mission OF this state into the Union. |
This act by a provision contained |
therein, became effective upon appro- |
vol viz: February H. 1896 By a sub |
sequent law, commonly known as the |
government bill. the law quoted |
above was changed with regard ito the !
payment of fees collected by the clerks
Of the district courts. and under the
latter law all such fees are to be paid
into the county treasury. With this
the provisions of the act Of
February II, 1885, remain unchanged,
and continue in full force and effect.
The county government bill does not
become effective until June 5, 1896,
and consequently until that time the
clerk of the district court should pay
the fees collected by him in criminal
and civil cases, except probate fees,
into the state treasury, and after June
; all such fees should be paid into the
treasury. These provisions are
plain. direct and mandatory, and
should have been complied with on the
--e't aav ~ - r1~ero-7+ roN-'+'' ~ 0--eT-r
officer in this county, except notaries
public, justices of the peace and con-
stables who have collected fees for
The performance of official duties since
January 4, 1896, and proper proceedings
should be instituted against every Off
cer who has failed to comply with the
provisions of this law to compel the
'ayment by them into the county and
state treasures of the fees so collected.
In accordance with the provisions Of
he constitution above referred to,
aw was passed by the state legisla-
ure providing for the salaries of cOun-
V officers This law was approved
April 5, 1895, and by its terms became
Effective Immediately. Under its pro-
-isions the board of county commits
ioners of each county, which board
5 now comprised OF the selectmen of
he various counties, are required.
within thirty days after the approval of
he act in question, to-wit, prior TO
lay 5, 1896, to fix the compensation Of
II county officers, except the assessor,
attorney and treasurer, the compensa-
ion so fixed not to exceed certain
mounts stated in the bill. While the
afary bill, as it is commonly called, IS
Indefinite and uncertain in many par
iculars, yet 1 am clearly of the opin-
On that this court would not be JUS
flied in assuming the prerogative Of
eclaring the law void or unconstitu-
ional. but, on the contrary, that it is I
ne di1tv of this court to presume the
a.w TO be valid, however violent that
resumption may be. and TO act under ,
IS provisions accordingly. 1t is there :
ore your duty prior to the 5th day of
Iay, 1896. to fix definitely the salary of :
very officer in this county, except no
aries public, justices of the peace and
onstables, and the treasurer, assessor 5
nd attorney. You are also authorized S
, allow and provide each county Off 5
er with such deputies and assistants 5
s may be necessary ITO enable sucn )
aicer to properly perform his official :
uties and 10 fix the compensation OF :
he deputies and assistants. For TINS :
urpose it would be advisable to OBJ :
ain a statement from each county Off
err showing the amount of work ITO be :
erformed and the number OF depu- :
es and assistants that will be neces-
ary to perform such work, and also :
, obtain suggestions from the officers
5 to the compensation that should be
Ilowed the deputies and assistants. :
cry respectfully submitted, ? ?
C. o. WRITTEMORE, :
County Attorney. :
FIXING THE SALARIES.
To follow out the suggestion con-
ined in the opinion was, of course,
q only thing the commissioners