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


II appears are now in process of litiga
TON We are of the opinion that in
ierest on these warrants should not b.
held to constitute an indebtedness of tina
year. While a liability for interest 4
created At the time when warrants ar,
lawfully issued, still If they are after
wards repudiated for fraud. and Irrigated
IN court. the Iinal judgment of the cour
becomes binding, and constitutes the in
debtedness. both as to the face OF tn.
Warrants and interest Likewise wher
niegai warrants are made lawful by leg
| lSlatiVe enactment. there is 10 debt unit
the lay takes effect
Eliminating. then. the amount OF the
warrants adJudgeu Illegal. and those re-
pudiated. from the $iS9 205. IS, the remain
lhs ones amount TO $294. GOA. A. The in
terest on this sum. from Jan. / to June 3
1875. when the $50 COS. 32 warrants were
made valid. is SlcI4S.24. To this must be
added the interest on So. 56S. %. and on the
! SzSi,66f-4l. from June 8 the date when
ire warrants amounting TO the former
sum We're legalized, to Aug. /. 1896. the
GATE when SS50,000 of the indebtedness.
/ represented by warrants was bonded.
that Is. the interest at per cent per
/ is s4.779. 66. Their subtracting the 5000
I IN bonds. on which no interest i anne
due until Feb. !. 1897, and was therefore
n ,so an indebtedness Of 1896, from the
$SS4, 232- g. there remains S34. 222. 10. the
interest on which. from Aug. l. 1896. to
JAN ], 1897. also constituted an indebted
ness of 1885, and is s1,1iO.9S.
TIE item of interest. here being consid-
cred the total amount thereof to be
charged. as Indebtedness of 1896. is SIS
O6S, 81: and this includes also the next dis
outed item of interest, above set forth
as $3.0S405. This sum. however. is err
roneous. because the amount OF warrants
as has been shown above. on which in
tereSt should be charged from Aug. l. 1895
to Jan l. 1897, is Ss4 2s2 79. and not S92, :
So. Sc as stated in the item.
The remaining disputed items of ex-
Denditure, above set forth. we think are
properly charged as appropriations of
that year.
DEBTS CREATED PRIOR TO 1896
It is also alleged in the affidavit. and
not denied in the answer. that the sum
OF SSLS1990 was appropriated in 1896 for
debts created prior to that year. This
sum Is therefore an expenditure of that
already been allowed under the disputed
item. warrants paid during the year
1896. etc, above set forth. the re-
mainder only. or $2S. so. must be here
added as an expenditure for 1896.
With these several additions to the
amount of undisputed items the ex-
penditures for 1896 appear as follows:
items ~ 1isp sly, o5s 4s
Claims for services and materials
Jan. 2. 1881 ....... .',' 1886 81
Amount due jurors and witness
es for services in 1896. etc. 1890 IS
Interest on warrants ............. 1905 IS
1d ss st, d l Same paid ' SIS 8
Warrants paid during the year
1886. for debts incurred previ-
Gus to that year ................ 1881 40
Balance of the sum of S3l, 80,
appropriated in 1896, for debts
created prior to that year.. %. SIS 50
Total appropriations and ex
Deducting the amount of the appropri-
atoms and expenditures from the amount
constituting the debt limit, there re-
mains an excess in favor of the former OF
81, ST. Al.
DID NOT EXCEED THE DEBT LIMIT.
Such being the result, we conclude that
the appropriations and expenditures OF
1896 did not exceed the limit of indebt-
edness authorized by law, and that the
refusal of the county commissioners to
act on the respondents claim was wrong
full.
After careful examination of the con-
stftutional provisions referred to IN this |
case and upon consideration of justice |
and fair dealing, as well as upon the |
that in determining the con- /
stitutionality of a statute. every doubt |
should be solved in favor of its validity. /
we reached the conclusion that the county 4
of 1896 had the right to I
conduct the county affairs in pursuance !
of the act of 1895. until June ), of that 1
not annulled until the repeating statute |
took effect
There can be no doubt that the dispo-
sition of this case is in harmony with |
that the respondents claim was tainted
with fraud or that the county did not |
receive a full and fair equivalent. or thai
he numerous warrants aggregating many
thousands of dollars. which are affected
by this case. were not issued, delivered
and accepted as the result OF honest
Under the circumstances the court is
lot inclined to reject an honest claim.
To refuse to acknowledge and pay a
uSt debt IS a thing to be discouraged,
md should not be aided By judicial con-
;truction. Such a thing disoels conf
lence. ruins credit and casts reproach
lpOn government.
In determining a case like this. It must
lot be forgotten that, in the transition
rom a territorial to a state government. il
S not always easy. even for those learned
n the law. to determine just what the
aw is. How much more difficult for lay
men. The changes made by the adoption
4 a constitution are frequently attended
With much uncertainty and tax the great
st skill to ascertain the true intent
Hence the rules of construction in a case
Ike the one at bar, should not be APP
curt exerted without due considerations
f justice and fair dealing.
MUST PAY HONEST DEBTS.
That a debt of honesty contracted
houd be honestly paid is a truism
ounded on the highest principles of
lstice, and the law itself is, or ought to
e. but the exponent of that principle Z
We feel. therefore. no hesitancy in de- !
laring that the respondent in this case ,
lust prevail, and that the warrants
hose validity was in question are valid
We do not wish, however. TO be UNDER '
TODD as encouraging eXtravagant ex- {
enditures. This case is surrounded by
eouliar circumstances, owing 10 the :
hanges which necessarily occurred in :
he adoption of the state government. and
lerefore most of the questions here de-
.rmined are not likely to arise again in {
lie future. because the law of 1896 has I
lie rule TO be observed by the commits :
oners. Nor does the disposition of this
Use initiate against the placing of the
.veral counties on cash basis.
Under the present provisions of the law,
lie commissioners have power. either to
md the outstanding Indebtedness of the a
lunty or to make provisions for its pay S
ent through the ordinary sources. {
Counsel for the appellant insist that =
me of the questions raised in this =
cord Were decided in the case of y
ritsch VS.. Board of Commissioners, IS a
ac Rep. 1926, and II appears adversely A
the views herein expressed - lie 8
ere is some merit in this contentlos it /,
III be remembered that in that case none
the questions relating to the payment
Indebtedness created prior to 1896 out
the revenue of that year was pre-
nted. That case while t affected the
me warrants, was .Inperfectly present. q
before the court, and therefore cannot q
regarded as conclusive in this, and in d
far as it conflicts herewith it is hereby s
erruled. -
We ind no reversible error in the a
o.
The Kelley Institute. Il
liquor. morphine and -
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