The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-08

me county commissioners had busy
session yesterday. and considered many
matters oS Importance.
In the first place, they refused to
grant the petitions from residents of
Bingham and other places in the county
asking that the board rescind its action
in raising the liquor license from 5000
to $780,
BELATED CLAIMS.
A fine legal point came up when H.
V. MoHoy called on the board and
asked permission to have a number of
claims for Illegally collected school tax
allowed. II appears that Mr.. Mallory
was employed in getting UP list of
all taxpayers entitled 10 a refund. When
most of the money Illegally collected
had been refunded, the board passed a
resolution to the effect that no school
tax would be refunded after Nav 1.
Since that date Mr.. Mallory has OBJ
tanned something like $500 in claims to
collect for taxpayers entitled to the re-
fund, and now wants them allowed by
the board.
On May 1 there was a balance of
$500 of this Illegally collected tax on
hand, and after deciding that those
who had net previously made applica-
ton for refund would thereafter be
barred, the board transferred this
amount into the salary fund. Now the
situation is this: The board refuses to
allow any claims on the grounds that
they had right to fix by resolution a
time within which applications for re-
fund must be made, and that time has
now expired. On the other hand, the
court decided the tax was Illegally col
lected and technically it does not be-
long TO the county. The court, in its
decision. set no limitation of time 10 the
work of refunding the money. It is
very probable a test case viii be made.
MINING RECORDS.
An important opinion was handed in
by County Attorney Van Colt, holding
that no mining records can be returned
to districts unless such an application
is signed by 100 actual residents there
OF. The matter came uD on a petition
from the Little Cottonwood district,
concerning which the attorney says:
with reference to the petition of
7. ]. Anderson ct al, heretofore referred
to us for an opinion as to whether the
same is in due form and in compliance
with the statute of 1897, section u, on
page so, we are of the opinion that the
language of the legislature as used in
this section requires that the petition
ers for the return of the district rec
OrdS must be not only owners of min
ing property in the district, but must
be actual bona fide miners residing in
the district, and, therefore, that the pc
tition signed as this one is by parties
who appear, some of them, TO be resi-
dents and others to be simply property
owners in the district, without having
a residence there, is not a sufficient
compliance with this statute to oblige
the county commissioners to incur the
expense involved in copying and re-
turning the records
The opinion was adopted.
DEPUTY ASSESSORS.
Assessor Quinn will not be permitted
to retain even one deputy after the
board of equalization adiourns, which
will be about July u. When Mr.. Jen-
nings, the present chief deputy in the
assessors office, was confirmed his
term was limited to June I. Mr.. Quinn
finds that it will be impossible for him
to get along without chief deputy and
therefore asked permission to retain
Mr.. Jennings. Commissioner Hall said
he could not conceive of any work in
the assessors Office after the session of
the board of equalization was over to
require any assistance whatever. Ac-
cordingly he moved that the assessor
be authorized to retain Mr.. Jennings
until the work of the board of equaliza
ton is over.
Assessor Quinn notified the board
that he had completed the assessment
rolls for the present year, and turned
the same over to the treasurer.
With reference to the petition of L.
c. Hardy, former county collector, to
have the board appropriate the sum of
S65.15 to cancel certain judgment OBJ
tanned by Walter L. Price against the
collector, said judgment being obtained
by default owing TO the negligence of
the former county attorney in not an
swering the complaint, County AttOr-
ney Van Colt sent in letter which
says in part: I'VE see no reason why
the county should refund to Mr.. Price
money that went TO the territory and
territorial schools, but it is perhaps
right that the money which the county
received and which the court has de-
cided should go back to Price should
be refunded by the county rather than
by Mr.. Hardy, who got no benefit from
it but simply performed his Official
duties as ne saw them.
I'VE therefore recommend that four
ninths (the county's share of the taXes)
of the judgment for S41.15 tax and SlS
costs be paid by the county, amounting
to $685."
Upon motion of Hall all action in the
matter was deferred for one week and
the clerk instructed to notify Mr..
Hardy to appear before the board and
make an explanation.
JUSTICE APPOINTED.
Justice of the Peace Freeman of Her
riman precinct in a letter recommended
the appointment of John 7. Bodell as
constable of that precinct, as the con-
stable elected last fall failed to Qualify.
Mr.. Bodell was appointed.
Constable AllsoD of West Jordan
asked that his salary be increased from
$40 to $3.50 per month, and that he be
not required to serve papers outside of
his precinct. The petition was denied
THE OLD BOULEVARD.
Reportine on the matter of the pc
tition of Eliza Shafer to have the coun-
ty reconvey to her some land adjacent
the once much talked of boulevard to
the lake, the county attorney said it
was entirely discretionary with the
county. The land in question was con
veyed TO the county without any con-
sideration save a representation that
4 boulevard would be built and thus
appreciate the value of adjoining prop
arty. This transaction took place in
1891 and the boulevard has not yet
been built.
Mr.. Van Colt says the county board
night do as it deemed best. There
was. however, a possibility that the
boulevard might yet be constructed
and there was no Limitation in the
agreement.
The matter was referred to the com
nittee on roads and bridges.
LIQUOR LICENSE.
The license question then came up