The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-04-27

the board in declaring the office oil
county fish and game commissioner va
cant was an Illegal act. said County
Attorney Van Colt in an opinion tc
the commissioners yesterday.
Mr.. Heath. who held the appointment
under the old board. some weeks age
sent in claim for salary from Feb !
to March %. The board disallowed the
claim for the reason that they had
passed resolution on Feb. 2 declaring
the office vacant. But the attorney
shows Mr.. Heath was appointed Feb.
%, 1895, and under the law his term
of office is two years or until a sue
cessor is appointed and qualified"
ENTITLED TO SALARY.
Attorney Van Colt said that under
these conditions Mr.. Heath was en-
titled to his salary up to March -, the
date on which the present board ap-
pointed a successor.
ARMSTRONG DIDN'T LIKE IT.
Chairman Armstrong did not like
the opinion a little bit. He said while
he did not like to go against the coun-
~ attorney, he thought the claim OF
Mr.. Heath should not be allowed.
Heath did no work during the period
in question" he said. .and is there
fore not entitled to any pay"
So the opinion was filed and no ac-
ton taken in the way of providing for
4 payment of the claim.
ERICKSON'S CLAIM.
A parallel case with Heaths is that
of c. A Erickson, who claims 500 sal
airy for services as gardener during
January. although he did no work
MIR. Van Colt, in passing upon the
matter, took exactly the same view of
the case as that of the fish and game
commissioner, holding that Mr.. Erick-
son was appointed to hold his position
during the pleasure of the board. and
That action had not been revoked. He
was entitled to compensation for the
month of January.
Let them give us a little trouble
put in Mr.. Armstrong. Il don't think
this county should pay a man for serv-
ices that have never been performed
He is not entitled to the money ex-
cept upon a legal technicality. and if
he prefers to spend the amount in at
torney's fees, let him go ahead"
And with this explanation the claim
OF Mr.. Erickson was denied.
PETITION DENIED.
With reference to a petition of John
W. DOnnellan on behalf of the Com
mercial National bank, claiming that
certain property was enormously as
sessed and sold for taxes in 1885, the
county attorney in an opinion said
that Mr.. Donnellan's petition seems to
be founded on the idea that if the
property was the property of the bank
IN 1896 IL would not be aSsesSable for
taxes. In this Mr.. Donnellan says
County Attorney Van Colt, is entirely
mistaken. All banks pay taxes upon
their real estate. and the assessed val
nation of real estate is deducted from
The assessment of their total net as
sets. when arriving at the assessment
20 be placed upon their capital stock.
md therefore this property was liable
70 taxation. even though it was the
property of the bank as the affidavit |
accompanying the petition tended TO
show.
Upon motion of Hall the county at
orney's opinion was filed and the re-
concentrations, which was to the eff
ect that the petition be denied, was
adopted.
The property involved is lot >. block |
p. plat D. Salt Lake City survey. and |
Colonel DOnnellan in his affidavit set |
Tut that a portion of the capital stock |
# his bank was invested in said real /
state, and as the method of assessing /
'atiOnal banks is by assessment of /
heir shares. and all real estate owned |
" such banks within the amount of /
heir capital stock is exempt from tax
tion. In 1896 the bank returned the /
property to the assessor and had it /
xempted from taxes. The further |
history concerning the title of the /
property was that it was vested in the |
ank by a United States marshal's /
eed resulting from foreclosure pro-
ceilings in 1894. 1t appears. however,
hat James II. Bacon held subse-
uent trust deed on the property which
ras vacated and foreclosed by the
ale under the first deed of trust TO
he Commercial National bank. Yet
,acon sold the property. under the
econd deed of trust, to w. b Holland
nd while this sale conveyed no title
was assessed the following year to
lr. Holland and subsequently sold for
axes to NJ. c. Moon for S25.S5.
TO PROTECT BEES.
ee inspector, sent in a communica-
on in the following language:
Having been requested by several
eekeepers to attend to their bees for
he disease known as foul brood,
ereby appeal to your honorable body
, take favorable action on the mat
sr. The bees are now taxed under
lie state revenue law which seems to
ave annulled the special bee tax,
ithout making any provision TO COM
ensate the inspector for services
While 1 am willing to use
~ best efforts in favor of all inter
;ted for any reasonable consideration
" position is such that il is i'm
0ssible for me to do this work with
1t compensation"
The petition was referred to the
ERIK with instructions to notify Mr..
ovesey that to the boards knowledge
, such office as bee Inspector exists
The clerk was, upon motion of Hall,
rected TO notify. Samuel Spry that
S services as fireman of the caDitol
Hiding plant would not be required
ter May 1.
FOR THE JUBILEE.
A letter from Mrs. Cummings, Dresi-
mt of the Jubilee Decorating COM
my. asked permission to submit sew Z
al designs for decorating the capitol /
Hiding for the carnival. The matter !
as referred to the joint building COM
ittee.
SUPREME COURT DECISION.
Just about the time the business of
e board had been finished uD news
the supreme courts decision in the ]
unity warrant case reached the
ard and the matter of issuing bonds
ent over although all the members
ere present
Yesterdays Nominations. !
April 26.-The president t
day sent the following nominations $
tho capafa. y