The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-09-17


Importance, as it points out the many
conflicting points in the county govern
ment act passed by the last LEGISLATURE.
Inc opinion follows:
j. NJ. Hanson, Esq, County Attorney
tlllmOre, Utah.
Dear Sri have your favor of the 18th
INST in the form of telegram submitting
the tohoWlhg and asking the advice of
TINS Office thereon: Surveyors maximum
salary IS 500 per annum; can comml ssIon-
efS allow greater amount for maps for
the assessor? Maps VIII cost $780,"
In answer thereto permit me to call
your attention 10 The law fixing the sal
ares OF the various county omcers, found
on page 500 of the laws of 1886 Section
classlnes the counties and provides the
maximum Salaries OF county omcers. Sec
uon ~ PROVIDES that the saIar-es herein
provided for shall be full compensation
Tor all services of county officers OF every
KIND and description rendered by the Off
GERS named herein This law was
evidently enacted Dy the legislature in
pursuance OF section l of article p of the
constitution, winch provides: AL stale.
district, city, county, town and school
officers shall be paid fixed and definite
salaries" Section : of the same arllc.e
OF the constitution provides that the leg
1slature shall determine the fees which
shall be collected by all officers within the
state, and that the said oncers shal. be
required TO keep true and correct ac-
count thereof any pay the same into the
proper treasury"
w41I unus De observed that the fee sys-
tenn heretofore in existence was TO be
wholly aorogated, and that in lieu thereof
all officers were TO be paid fixed and de-
Unite salaries. Section % Of the reVen .
( a. OIL i.e,se 400 OF Une laws of 1896 provides
The board of county commission must
provide maps for the use of the assessor.
The cost of making such maps,
where they have not a4rea1y been maze,
or of revising the same, shall be paid for
as follows: One half by the state and
one hat by the county" This law was
approved and took effect on April 5, 1896.
Section 123 of the county government bill,
page 5j6 of the laws of 1895, in defining
the duties of county surveyor, provides:
1T shall be the duly of tie county sur
Veyor TO copy, plat or trace maps or
platS filed for record in the Office vi the
county recorder, who shall be ex-officio
deputy county recorder for said county
for said purposes. The county
surveyor shall pat, blue print or other
wise make all the county. precinct, road.
district assessors and all other maps for
the county of which he has been e4ected
surveyor. All such maps which shall be
plated, traced. blue printed or otherwise
made as aforesaid shall be filed in the
county surveyors office, together with all
! data obtained by The county surveyor
! from other sources, and the same there
after shall become the property of the
/ county
1nele seems to be a conflict between
| those provisions of the ''repenue aet'' and
of the county government bill above
| quoted, as to how those maps snail be
! furnished. The Interpretation of either
of these provisions standing alone woult
| be an easy matter, but beirg in conflict il
| becomes necessary to read them together
and if possible so construe hem that bott
| may sas4nu and be given effect.
Reading and considering all of the pro
visions OF the county government bill to
| gether, it appears to have been the inten
| ton of the legislature to constitute the
board of county commissioners a body
| highest in authority, so far as matter;
| pertaining to county affairs are concern
/ ed, and possessing supervisory contro
over the official conduct of all county of
! ficers; see subdivision l of section q
! page 52I, and section "a, page 539 of th'
county government bill
Under this system it might be said t
be the proper course for the assessor t.
pursue, in making, requisition for map
! for his Office to file the same with thu
I board of county commissioners instead o
applying to the county surveyor, and il
this sense it would be the duty of tn
county commissioners, by proper resolu
| ton to require the surveyor to prepar
/ and furnish the same to the county as
SCISSOR. If this construction should b
put upon this section, then Of course tn
cost of making such maps would be de
termined in proportion "a. the compen
sation for the length of time required il
! their preparation would bear to the salar,
received by the surveyor. one-half o
which would be paid by the state and one
half by the county.
This construction renders this sectiol
consistent with section 123 of the count.
government bill, and permits both t
stand together, and each to have it
proper effect.
Tho conclusion is therefore reached
that ii is the official duty of the surveyo
to make all maps for the county, includ
ing those of the assessor. II a-so neces
sarily follows, as a conclusion of law
that if the making of such maps is a
official duty then under the constitution
and the law above set OUT he would b
entitled to no other or further compen
Sation on that account. than his salary a
fixed by law and the board of count
| commissioners would be powerless TO al
low a greater or any other amount t
the surveyor for such work. But if
should be contended, that this construC
ton is not warranted, and of this, l ar
free to confess, l am not entirely clea
in my opinion, then it would be neces
sary to apply other rules Of constructio
in reference to those conflicting prov
sions of the law. If we attach to sal
section so the meaning, that the board c
county commissioners are empowered t
contract with the county surveyor t
make said maps. and pay him a reason
able compensation therefor outside c
and in addition to his salary, or contrac
with any other person to make sue
maps and pay for the same, then it be
comes absolutely irreconcilaole with tn
provisions of section 1913, above set out, S
that both cannot stand together; the on
or the other must fall.
In this case, the law which stands a
the latest expression of The Legislative
mind must prevail, and therefore tn
provisions of section 123 of the count
government bill. which took effect subst
quent to the provisions of the "revenu
act must be accepted as the latest eX
preston of the Legislature and won.
operate to repeal by implication an
former provision relating to. the sam
subject BY either method of construC
ton. the same conclusion is reached
am therefore of opinion, that it is tn
duty of the county surveyor to provid
maps for the assessors Office. and t1a
the board of county commissioners al
not authorized in law to allow any az
ditional compensation for such work.
It may be proper to state, that th
provisions of the revenue act were
force from April s. 1896 until June
1896 the time when the county govern
ment bill went into effect, and contract
Gf any) entered into during this tin
could not be effected by The, provisions
the county government bill
l do not hesitate TO say, that in certai
cases the law is unreasonable and wi
result in a compensation to surveyor
wholly inadequate to the amount of wor
required of them. This, however. may /
remedied by the next leg stature, pr
1 have the honor to be, very respectful
: yours, a e. BISHOP,
Attorney General.
TO COOK DRIED FRUITS.