Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-07-30
CLAIM Or L. NJ. BAILEY.
Attorney General Bishop Says He is
Entitled 10 Compensation,
fo. servicss Wondered tho gate
NJ Territorial stalls
ttcInn.


submitted question to Attorney Gen.
ernl Bishop, in reference to claim
by Ledyard II. Bailey against the
State for $3.50, as compensation for
work done while he was territorial
ststistician from the 9th day of No
vember, 1895, up to anu including the
Slst day OF December. 1895. Mr..
Bishop was asked for an opinion as
10 the States liability. Replying to.
day, the attorney general says:
Under the territorial law a statisti-
clan was provided for who was to re-
ceive the tum of one thousand dollars
for compiling cettsin statistics every
thru year. Under this law the year
1895 was the statistical year. Under
this same law the clerk OF the Supreme
court was maize ex ofiicio statistieian.
There has been considerable OF con-
teution among certain parties as to
who WAS entitled TO the one Thousand
dollars, the Legislature OF 1897
having appropriated that amount
for the purpose OF compepsating tue
statistician. Some litigation has
arisen under this contention and in
July, 1897, an opinion was rendered
by the Supreme Court OF the State In
the case uf the State OF Utah ex REL,
Joseph p. Bsche, relator, versus Nor
gan Richards Jr., State auditor, re-
spondenl, and Ii. w. Griffith, utter.
venor. This cseo was an original ap-
pIication against the State auditor to
c1mpel him TO audit the relator's
,latp In aoln at
slntistician anu 10 issue warrant
therefor In his favor. After the appii.
cation was filed IL. w. Gnffith by
leave OF court filed petition In inter.
vention wherein he claimed that dur
ing portion OF that year he
held tho office OF statistical N and
discharged the duiiess1 thereof and
WAS therefore entitled to &
certain portion of the salary. The State
represented by the attorney general
admitted that the duties OF the office
were performed and that 1t oweu the
sum OF one thousand dollars to whom
eoever might be adjudged the lawful
claimant, blu on account OF the con-
fl lct Of claims, the auditor had reiuse
10 iseue warrant Ms demanded. A
referee was appointed to take testi.
mony and report his hndipgs to the
court, which WAS afterwards done,and
the court In Its opinion held:
First That the "services were
rendered during the year 1895, under
the Session Laws OF 1902, page AZ, ere
stipg bureau Of statistics, and bscame
an obligation OF this Slate under article
8 OF subdivision of the Constitution.
Second-"Each occupant OF the
oil % OF territorial statistician for the
year 1895 10 entitled to such proportion
OF the salary allowed for the offioe a.
the time or service of each bears TO the
entire year, and each one is entitled
to o writ OF mandate to compel the
issuance Of warrant for the amour,
due"
The finding OF facts as shown BY
the report OF the referee Is to the effect
tbat Joseph z. Bsche occu pied the
office from January LIST to September
80th, 1895; that ii. w. Griffith was d,
fscio clerk of the Supreme Court AND
performed all the duties thereof, In
GLIDING those OF ststistician, from Sep
TENDER Both 10 November 9th, 1896
anu that Le1yard III. Bailey was tn.
clerk OF the Supreme Court and ex Of
ficio statisti clan, and performed the
duties thereof from Novem Der 9th vi
to and including Dee. 8lst, 1895. Apply.
Ing the decision of the Supreme Courl
TO the facts as above stated, L am OF opin.
ion thai Mr.. Bailey w0ult be entitled
10 suoh proportion OF the 81 900 salary
| Tor statisticisn during the year 1885 Rs
the time during which bs was clerk Of
the Supreme court and ex-tffl cio stats.
lician bears to the whole year. And
adopting the computation which
the Supreme court evidently employed
evidently employed in arriving at III
CONCLUSION, to.wlt:
Tint Joseph Z. Bache wac entitled
to $3.50 Of suob salary and ii. w. Grit.
fith was entitled to 500 thereof. max
ing q total allowed 10 both OF those
parties OF $500 aud leaving q balance
OF $3.50 OF said sslsry, 1t follows that
the cain OF Mr.. Bailey should be- In
the cum OF Sl50 which is the amount
claimed by hlm.
l would therefore advise the allow.
auco OF said claim in that amount.