The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-12
How 1t Saved Salt Lake County
Over $4,000.
THE CLAIM DISALLOWED
COUNTY COMMISSIONERS WILL
NOT REIMBURSE THEM
Opinion of County Attorney Van Colt
Views of Members of the Board
Mr.. Whittemore's Calculation
Routine Business Disposed Of By
the Commissioners.

the meeting of the board of county
commissioners, and according to the
calculations of ex-County Attorney
Whittemore. made after the meeting,
that Salt Lake county had been saved
over $4,000, mainly through the instru-
mentality of the civic federation, to
whose claim for reimbursement in the
sum of $S,972.91, the board turned
deaf ear on the advice of County At
torney Van Colt. Commissioner Hall.
however, was emphatic in declaring
that there was but little in the fedora
TONS claim that appealed on equitable
and moral grounds for recognition
from the guardians of the taxpayers
| interests.
SOME ANCIENT HISTORY.
1t is an old story of how the civic
federation. composed of 20 of the lead
ing local bankers and men of wealth,
| were induced by Mr.. Whittemore, early
! in 1895, when he was county attorney,
to periodically come to the rescue or
| the county at the time its warrant
drawing ability was most seriously i'm
paired. as was then alleged. in order
| that the successful prosecution or the
Doodle cases in connection with the
celebrated furniture deal might be con-
summated. Last September the civic
fSsderation's claim was disallowed by
! the county commissioners, on the adj
vice of County Attorney Van Colt, who
held that the special legislative act au-
thorizing the consideration of such
claims as the federation's was uncon-
stitutional.
RECONSIDERATION ASKED.
| A week ago Mr.. Whittemore re-
| quested the board of county commits
eli n aifha- rpGPin6 its action of
disallowance or take such action as
would enable the federation to test the
constitutionality of the law upon which
County Attorney Van Colt rendered an
adverse opinion.
VAN COLTS LEGAL VIEWS.
Yesterday Mr.. Van Colt submitted to
the board. in response to a request for
| advice for its guidance. in accordance
with Mr.. Whittemore'S desires, an
opinion. in which the county attorney
stated that the civic federatiOn's claim
for reimbursement from the county
was disallowed, absolutely, on his ad-
vice holding the law upon which the
claim was legally founded, unconsti-
tutional. and not because there was
any informality or irregularity in the
manner in which the claim was pre-
scented.
This being So" concludes County
AtlOiHGy V dll OOlls dAlu TIC AlllAt lOl
presenting the claim having expired. I
am of the opinion that the board has
now no legal authority to consider the
same and no power to reconsider its |
action under the particular circum-
stances stated"
A QUESTION OF ESTOPPEL.
In ordering the opinion filed. the COM |
missioners expressed the belief that /
however much they regretted it. Mr !.
Whittemore. acting for the civic fed
Grafton. could not get into court for a
judicial determination of his cOnten-
ton, but Mr.. Whittemore stated later ,
to a Herald reporter that he was not
barred by the action Of the board yes
terday. nor by operation of law from
seeking a legal remedy.
ARMSTRONG AND RAWLINS' /
VIEWS.
During the discussion of County At
tCrney Van Colts opinion, Commits
siCner Armstrong, who was a cOntribu-
tor to the civic federation fund, recited
the history of the patriotic move, and
declared that il was poor compensation
TO reflect on the uncOnstitutionality OF
the act that prevented the federation /
from securing reimbursement from the
county after the 20 citizens, prompted
by the most sincere and worthy public
d
VIXEN the county was believed TO be in
distress, and boodlers going unwhipped
of justice.
Commissioner Rawlins concurred
with the chairman.
HALLS STATEMENT.
Commissioner Hall raised his voice
to say that he believed the ordinary
machinery of the county government
was. and should have been regarded as
sufficient TO prosecute the looters OF the
public treasury. In the expenditure of
the civic federation's money, he be-
iieved the obligation to make disburse-
ments as conscientiously, economically
and prudently, and to an effectual pur-
pose was as binding as though the tax
payers funds were used directly. He
regretted that adherence to County At
torney Van Colts advice would prob
ably prevent the federation from seek
ing q legal remedy by way of testing
the law, but he felt that he could not
vote for the reimbursement claimed,
even though the authority TO allow the
claim was clear.
WHITTEMORE'S CALCULATIONS.
As to the moral and equitable aspect
Of the question. Mr.. Whittemore stated
last evening that in the settlement of
the Aetna National banks suit for col
lection of the s29, 937.S5 worth of repu-
dated furniture warrants, on the
ground of fraud and issued in Decem-
Der, 1894, bearing per cent annual in
terest, for s24.500, mention of which is
given in detail in another column, the
county is u large gamer Taking no
account Of the cost OF the prosecutions
Mr.. Whittemore calculates that profit
of over $4,000 is shown. considering the
interest item. This is due TO the in
strumentality. he declares. of the civic
federation. and his collection of depo-
sitions recently secured in Chicago from
the employees Of the Andrews Furni-
ture company, which sold the furni-
ture TO the county for $4,000, at a price
largely in excess of the real value. In
his opinion. the county can now well
afford TO reimburse the federation as
soon as the legal authority is given.
which he hopes the courts will grant.
TAX RELIEF MATTERS.
A large portion of yesterdays ses-
sion of the board of county
was devoted to
requests for relief
from aggrieved property owners, who.
for the first time. have lately learned
from notifications sent out by County
TREASURER Lynch. that their property at
some time in the remote past was sold
for delinquent taxes, and that the I
AN HONEST OFFER.
Dear Mr.. Editor-Kindly inform your
readers that il written to confidsntially. .