The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-26
ogden BUREAU.
Business and EDITORIAL ONCE 619
Utah Loan & Trust Building.
Telephone EOS.
Ogden, January &c.
Ogden, January 26.
COUNTY COMMISSIONERS
Great Deal of Business Transacted
Yesterday.

was on hand to explain the supple
mentary bill of $207 which he put in in
behalf of the Evening Press for its
publication OF the tax list. The original
bill was for over SLIGO. This was on
the basis of % cents per description,
! though the Press bid was Az cents per
! description. The board allowed the
claim to the extent of $204, that is,
AZ cents per description.
Later, Mr.. Thomas accepted the S2O4
without abandoning his former claim
and at the same time put in bill for
sub-headings, plat-headings, extra pa
pers and the like for S207. He claims
that the bills are what the law will al
low him to take and seems determined
to have payment or & law suit. After
listening to Mr.. Thomas and question
ing him on a number of points the
board decided to consult with the
county attorney on the matter. Mr..
Thomas asked that the matter be
passed upon as quickly as possible.
REFUND OF SCHOOL TAXES.
Another important matter was the re-
scinding of the resolution providing for
the refunding of the illegally collected
school tax and the expunging of all
action connected with the same from
the records. This was necessary for
the reason that no money can be paid
out except by warrants, and a new
scheme had to be devised for making
the refund. The money has not yet
been returned by the city.
THEY CAN NOT HOLD OVER.
County Attorney Peery submitted an
opinion as to the powers of the board
in removing officers appointed by their
predecessors. The opinion covered the
subject fully. In summing up the at
torney says, in effect, that:
The authorities are particularly con-
vincing in the premises when the ap
pointment is made by the outgoing
board The rule is we'll established that
an outgoing board of chosen freehold
ers cannot fill an office that will not
become vacant during their own official
life. This rule is correct in principle.
Each board of county commissioners,
after its organization, is vested with
the authority and burdened with the
responsibility of conducting the affairs
of the county. To transact the bust
ness of the county, when not otherwise
provided for, the law empowers the
commissioners to employ certain per-
sons, who are to act under their direc-
ton and control. If an outgoing board
could appoint these persons for a
Ieriod beyond its own existence as such
board. it could, in a measure, restrain
its successors and prevent them from
conducting the affairs of county gov
eminent according TO their best judg-
of the outgoing board to create an
office when not authorized to do so,
would be ultra wires and void. This po-
sitiOn is upheld by the supreme courts
of nearly all the states where the ques-
ton has been raised. The opinion
quotes from number of the most
important decisions on the point.
OTHER OPINIONS.
The attorney also submitted an opin-
ty treasurer as to what rate of interest
he shall charge and collect on subse-
quent taxes paid by Weber county on
property where a tax sale of a previous
year, is still unredeemed. The answer
was per cent, a sale to the county be-
ing the same as to an individual.
Another opinion stated that property
which had been sold to Ogden city for
delinquent sewer taxes and held by
said Ogden city for a number of years
was exempt from taxation while so
held. Persons who redeemed such prop
erty escape the payment of taxes. The
attorney answered certain questions
concerning the financial report, saying
that he could not determine from the
report whether the debt limit had been
exceeded or not and that the matter
should be referred to the auditor rather
than the attorney.
The committee on poor farm re-
ported that Annie Johnson had left
the institution; that two other inmates
had been received and supply of coal
purchased.
Further time was granted for Mr..
Seaman to report on the claim of
George D. Barnard & Co. The re-
ceiver of the Union Pacific Railway
company asked permission to reclaim
certain land sold to the county in
1S94-95. The treasurer was instructed
to collect the taxes of 1896.
Mosiah Hall and number of other
residents of Huntsville asked for the
appointment of John w. Grow as road
supervisor of that precinct. Flied.
e. J. Davis resignation as justice of
the peace of Liberty was accepted and
Charles E. Clark appointed to the po-
sition.
A request from Assessor NJ. F. Brown
for so days leave of absence was
granted.
The petition of r. S. Joyce and five
other physicians, asking that w. S.
Council, janitor of the courthouse, be
not required to move his family out
until the weather becomes more mild,
was read and filed.
F. L. Foy complained that his prop
erty had been sold for taxes when he
had paid the same. He asked that a
quit claim deed be given him. AS the
mistake arose either through an error
of the assessor or the collector, the
commissioners considered that his re-
dress should be from them.
The request of Ben Ternes and of
Val Gideon for the board to reconsider
its action disallowing their claims was
taken under advisement.
Justice TerneS was empowered to !
subpoena witness from Salt. Lake to
testify before the coroners jury in |
quiring as to the identity of the suicide |
''Schlatter."
The claim of E. G. Williams for re-
lief from erroneous tax sale was re-
ferred to the tax committee.
William II. Smith was confirmed as |
assistant to County Attorney Peery, |
with a salary of $50 per MONTH
President Dee and Clerk Matson OF !
the board of education appeared and |
discussed plans for getting the money |
now being held by Collector Hurlbut, |
which was paid under protest. The !
plan is to give the collector a bond |
him in case judgments
go against hirA in the district court.
The board adjourned until today at
10 a. m.
The Caledonians.
The Caledonians celebrated Burns
l.; !, do 1oc ioraf Mt Tr1in