The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-08-23


submitted to him by State Auditor
Richards. relative to fees collected by
district court clerks and turned over
to their respective county treasurers.
and relative to appropriations to the
various state institutions.
FEES COLLECTED.
The former opinion is as follows:
Hon. Morgan Richards. Jr., State Au-
ditor:
Dear Sir-I am in receipt of your
favor of recent date. in which you say
that a number of the clerks of the
district courts in the state have in
formed you that through miscon-
structiou of the state laws bearing on
tie question, they have paid into their
respective county treasures all moneys
derived from fees collected in the said
district courts and refer you to the
board Of county commissioners for said
fees" You ask to be advised as TO
whether it is your duty TO make ap-
plicatioh TO these various boards or TO
the said clerks for these fees.
J an Of opinion that it is your duty
under the law TO look to the clerks for
these fees instead of the board Of
county commissioners. The language
of the act seems certain and definite
IN specifying the duties Of the clerks
OF the district courts and the DISPOSE
ton of the fees collected by them, and
it would seem clear that all fees Of
this kind collected by the said clerks
between the 4th day Of January and
the 9Th day of June Of 1896 belong TO
the state and should have been COW
cred into the state treasury. Under
this law all of the said fees are now
due and owing to the state. The duty
Imposed upon the respective clerks is
T1Trlfn 117ir7icfprial IN re no Tbd
performance Of which involves no
judgment or discretion, and being a
duty Of this nature, it is my opinion
that mendamus would lie to compel
the said clerks to pay these fees to
the state.
I would therefore suggest and ad-
wise that you ascertain the exact
amount of fees legally computed I'M
der The territorial fee bill between
the dates above mentioned this you
are authorized to do, under the law
which pTescribes your duties, and it
becomes necessary to know the exact
amount so collected by the respective
clerks. When you have so ascertained
the exact amount, I would suggest that
you make formal demand although 1
do not regard it as necessary in this
case under the law) for these sums
of money, and in the event Of a failure
to comply, that you institute suit in the
name OF the state to recover the same
1 am of opinion that mandamus is
The proper action and that a petition
therefore should be filed in the supreme
court leave having first been had
therefor.
When you have obtained the facts
above suggested would suggest that
you confer with this Office for further
directions in the matter I have the
honor to be your obedient servant.
A. c. BISHOP,
Attorney General.
APPROPRIATIONS TO STATE IN
SITUATIONS.
The other opinion relating to appro-
priations made for the various state
Institutions and the proper vouchers
acceptable by the auditor for the man
aging boards, is as follows.
Hon. Morgan Richards Jr., State Au-
ditor:
Dear Sir:-You ask to be advised
upon the following: Appropriations
having been made for the various in
syitutions Of the state for maintenance,
repairs, improvements and other spe-
cific purposes, what kind OF authority,
voucher or order should be presented
to this Office by the respective boards
of those institutions. when applying
LOi SlttlI w AIMS lOI d pO1WIOll, VI oil
of such appropriations?
Replying, permit me to say, that a
reference TO the laws governing these
several institutions will determine
somewhat the course to be pursued by
YOU: that in the absence of any express
provision relating thereto, the question
would be one largely of judgment and
discretion upon your part.
The law relating to the University of
], hat
p1iated may be drawn quarterly in
advance" This I take it, would be upon
the order of the board of regents; for
the STATE prison the law provides that
the auditor must draw warrant for
such sums as the board shall from
time 10 time direct, not exceeding, at
any one time, the sum of $500, and no
further sum shall be drawn until sat
isfactoTy vouchers are presented to and
allowed by the auditor for the amount
previously drawn.
In relation to the insane asylum there
IS no express provision as to when its
appropriation may be drawn. The law
provides. that 1.-The treasurer (of the
insane asyluml shall draw from the
state, uron the order of the board of
commissioners, all moneys appropri-
ated 10 the use of the asylum and re-
CENT therefor. Under the bylaws he
lnent showing the amount received
and disf5nrssd during the preceding
month.
From this Il might be fair to assume.
that it was the Intention of the legis-
1ature that the necessary amount re-
quireI for the maintenance of the in
stitution for each month should be
drawn upon the order of the board of
commissioners. This inference IS sup
ported BY another provision which says
'tthe medical superintendent shall re-
port monthly to the board However.
q would appear, that in the absence
of any express provision upon these
SUBJECTS the legislature imposing con-
fidence in the man ageEnent Of these in
Ssitutions. extended some )asiHude and
Invested the board with soma discre-
tion in drawing out those funds as the
necessities might suggest.
In relation TO the state industrial
school, the provisions are. Gas contain
ed in section 1897. page CTS. volume !.
Of the complied laws of 1883. which
are not repu grant to the constitution
alld have not been repeatedly. that the
funds appropriated therefor should be
drawn out as the sumo may be needed
Further, acquisitions for warrants
upon the state treasurer should con-
tain such statements and information
as will enable you TO determine the
necessity for the amount so applied
for and the time for which it was to be
drawn.
The appropriation for the deaf. dumb
and blind Institution may be drawn
quarterly in advance.
The state coard of equalization sala-