The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-03-13

Acknowledgement Bishop yesterday
transmitted an opinion to County At
torney Lurthi of Vernal in reply to
several questions. In Uintah county
the revenue for 1896 was about $500;
on Jan 4, 1896, there was an outstand-
ing indebtedness against the county OF
about $1,000, but instead of funding
this Indebtedness by the issuance Of
bonds. it was paid out of the revenues
of the year 1896, with the result that
at the end of that year there were
warrants against the county outStand-
ing. amounting to $4,000 and also about
s., 600 in claims arising in 1886 awaiting
the action of the new board. Inc at
tcrneys asks to be advised:
l. Has the new board of county COM
missioners the power now to issue
county bonds to cover an amount equal
to the Indebtedness existing on the 4th
day of January 1896?
3 Have the county commissioners
any right to give preference to certain
claims over others, when both are
made charges against the county by
operation of law?
s. When claims against the county
made so by operation of law exceed
the debt limit has the board of county
commissioners any right to refuse to
allow such claims?
l. If the fixed charges against the
county, such as officers salaries for the
year exceed the debt limit for that
year, have the commissioners the right
to create any Indebtedness by contract
or otherwise until such time as fhere
shall be a surplus in the treasury, over
and above what is necessary to pay
those fixed charges?
Replying 10 the first question Mr.
Bishop refers to that section OF the
county government bill which author
ICES the commissioners to bond out
standing Indebtedness on Jan. 4, 1896,
and says:
Under these provisions I am of opin-
ion that the board of county commits
sioners are vested with certain discre-
tionary powers respecting such out
standing Indebtedness; that they could
either issue bonds therefor or apply
the revenues of 1896 to the payment
thereof If, however, they failed to take
advantage of the law authorizing the
issuance of bonds and paid the out
standing Indebtedness from the reve-
nue. of 1896, they would now be pre-
cluded from issuing bonds for this
purpose"
AS to the second question the at
torney- general says the board may es-
tablish such funds as they may deem
necessary for the proper transaction OF
the business of the county, the effect
of which might be at times that there
would be money in one fund and no
money in another, and in this way the
commissioners might give preference
claims, however, payable out of the
same fund must be treated alike and
no preference can be given.
3 Answering the third question Attor-
ney-General Bishop holds that the
commissioners can not allow any
claims of any kind when it has been
determined the debt limit has been ex-
ceeded.
The fourth and last question is more
difficult of solution thinks Mr. Bishop
and then says: 1T may be we'll to OBJ
serve that the revenue for any one
year must be applied to the payment
of the liabilities arising in that year,
and cannot be applied to the debts or
liabilities of any previous year; that
is the revenue of 1897 must be applied
to discharge the debts and liabilities
of that year and cannot be applied
upon debts or liabilities of 1896 until
all of the debts and liabilities of 1897
have been eXtinguished; if then there
should remain any part of the revenue
of 1897, it might be applied upon the
liabilities of 1885,
THUS the S., 600 of outstanding war;
rants at-the beginning of the year 1897
could not be paid from the revenue of
that year; so too with the $4,000 of
claims not yet allowed, if they arose
during the year 1885,
The attorney-gener then refers to
the recent decision of the supreme
court in the Salt Lake county debt
limit case to sustain the ground taken
above. He then quotes from the SUI
preme courts opinion to show that
salary warrants, as well as voluntary
contracts, should be included in deter
mining when the debt limit has been
reached, and observes that the whole
question may be regulated by the
county commissioners on making the
levy for current expenses of the county
for the year, as it is their duty to do.
Insother words, the fact that they are
salary warrants does not preclude them
from being declared illegal if issued in
payment after the limit has been
reached. The commissioners have g.
plain duty before them-to make a suf-
ficient levy to provide for all salaries
and other expenses. The whole gist of
the supreme courts decision upholding
the constitution was to remedy the
under a territorial system and to pre-
vent county commissioners from in
curing any Indebtedness except by
vote of the people. He then cites the
following from the court opinion:
IF all the liabilities of the county
are paid as they arise no indebtedness
is created, but if they are not debt
exists: and if the revenue of the year
is applied to the payment of county
expenses and liabilities incurred or
arising during the year and it is suf-
fcient to pay them, the Indebtedness
can be no greater at the end of the
year than at the beginning, but if the
revenues are not so applied and the in
debtedfess not so paid, the debt will
be greater, and if the debt was at the.
limit at the beginning it Will exceed it
at the end. and the constitution will be
violated, according to the rule ex-
pressed in Dillon
In conclusion, Mr.. Bishop calls atten-
ton to the fact that the decision of
the supreme court sustains the position
taken by him last August, when the
same questions were raised by the
county attorney of Emery county.
The entering wedge of a fatal COM
plant is often a slight cold, which a
dose Oy- two of Ayers Cherry Pect0raI