The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-23

The county commissioners of Rich
county have applied for and received an
opinion in the matter of amending the
ordinance for the licensing or taxing OF
herds of sheep. The commissioners. by
the county attorney. asked whether the
following amendment to the Rich county
sheep ordinance. providing a license on
sheep, comes within the meaning OF
section q of subdivision &c of the county
government bill:
That in all cases provided for in this
ordinance for taking out a license # the
owners or parties in charge of all NERDS
of sheen subject to the license herein pro-
vided for shall fail or refuse 10 tase our
such license. it shall be the duty OF the
proper Officer to levy upon Suincieht
number of said sheep to pay such license
and all costs connected Herewith ana
sell the same as in the case OF personal
property under execution. ana also
| whether i will take effect at once or
within Is days days after its passage as
provided in the act
The attorney-general says;
THE legislature in accordance with the
authority in it vested, conferred upon the
! board of county commissioners CERTAIN
authority and in subdivision 70 OF sec
ton q of the county government o;li OF
the laws of 1896. page 529. II authorized
boards of county commissioners 10
license for the purpose or regulation ana
revenue all and every kind of business not
PROMPTED DN law ana lIdnSdCtcu anu NetA :
ried on within the respective counties ana
outside the limits of Incorporated cities.
They were further authorized TO NIX the
rate of license tax upon such business
and to provide for the collection Thereon
by suit or otherwise.
Continuing he says
4 assume that the ordinance to Whicn
the above IS an amendment was IN all
respects regular and contained such pro-
visions as would authorize the enforce
ment of the license tax Zee thereunder'
/ - lna1- M
If such IS the case. it is my opinion
that the enactment of the above amend
ment is within the power of the board OF
county commissioners delegated to them
by subdivision 20 of section Il OF the
county government bill in the laws OF
| 1896"
ment takes effect the learned attorney
states:
As to your second question I find that
section % of the same act, pages 80 and
81 of the county government bill. pro-
vides certain formahties to be observed
| by the board of county commissioners
after the passage of an ordinance; the
record of the same and its publication,
and the further provision that no ordi-
nance passed by the board shall take effect
within less than Is days after its passage
and before the expiration of the 10 days
the same must be published in the man
ner provided in said section %. II is my
opinion that the limitation of time ap-
plies TO amendments equally with the
original ordinance. The amendment being
an addition to. or change of an existing
ordinance. Z : proper that the same
notice by publication should be given such
amendments IS must be given in the
enactment of the original ordinance. The
object and intent of the publication and
! limitation of - days after which 1t
should take effect was for the purpose Of
giving notice of such new ordinance and
regula ton as might affect the actions and
conduct of the people The reason for
the public action and limitation of the
taking effect of the original ordinance is
equally applicable to the amendment in
question.