The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-03-28
COUNTY WARRANTS INTEREST
UNSUCCESSFUL LITIGANTS SUG-
GEST ANOTHER SUIT
But the Board of County Commission
ers viii Fight Shy of It-District
Mining Records to Be Copied.

| The board Of county commissioners
was yesterday confronted with a new
! problem relating to the rate of interest
paid on redeemed county warrants
which were issued in excess Of the legal
! limit and afterwards validated by act
of the legislature. On their face the
warrants bore interest at the rate of 8
| per cent annually, while the rate fixed
| by the act validating the over-issue Of
warrants and authorizing the floating
of funding bonds to repay same was D
per cent. Practically, all Of these war
rants, before the decision of the SUI
preme court on the question OF inter-
est, We're merged into per cent bonds
in the fall of 1896, the rate of interest
on them being computed at per cent.
The matter was called into question
in a new phase by Attorneys Frank B..
Stephens and Benner K. Smith, who
submitted the following communication
to the board:
Your attention is respectfully called
to the fact that the supreme court of
this state, in the case of Daggett VS..
Lynch, decided that prior to June D.,
1896, the county never had authority to
draw interest bearing warrants, except
those issued for the purpose of con-
struction and repair of roads and
bridges. In this case our clients were
denied interest upon warrants winch
they had bought in good faith, relying
upon the contracts of the county, and
further, upon the decision of his honor,
Judge Zane, in the district court case
which was brought by the county at
torney for the purpose of ascertalnlng
the authority of the county to make
contracts. Our clients feel that II the
county is to have the benefit OF their
money, that it also ought to have the
benefit of the money which has been
wrongfully paid out by the county
treasurer, if the decision OF the supreme
court is right.
I'VE are, therefore, directed by our
clients to request that you bring action
against the county treasurer Tor all
money paid by him as interest on war
rants drawn prior to June D, 1896, eN-
cept such warrants as were drawn upon
the road and bridge fund. There, Of
course, can be no question about MS
liability to the county, since it is ap-
parent that if the county had no power
to draw interest-bearing warrants, the
treasurer had no authority to pay IN
terest on the same.
The matter was referred to the coun-
ty attorney for opinion, but the com
missioners are not disposed to beg the
question Of the act of two and a half
STEPHENS and Smiths view, would lead
to an attempted reputation of the
county's issue of funding bonds. Rather,
the commissioners, as they now feel,
think some individual who may have
grievance. and not the count, should
commence the action suggested TO
again thresh over the already settled
interest question.
MINING RECORDS TO BE COPIED.
Francis w. Quinn, recorder of West
Mountain mining district, submitted the
following communication, which was
referred to the county recorder for ad-
vice:
1.-The records of West Mountain min
ing district, since June 4, 1897, are IN
complete. and as district mining re-
corder. / would like to have them COM
pleted in book form and returned to this
district. according to section of the
new mining law The new law does not
take effect vet. but as it will take some
time to complete the old records, 1t
would be we'll to have them started as
soon as possible so that they could be
completed about the time the law goes
into effect.
on recommendation of the state
board of horticulture, John P. Soren-
son was appointed county fruit tree in
spector for the term of two years. in
accordance with the new law. Two
other names, John Boice of Granite and
Peter N. Garff of Draper, were also
recommended by the state horticultural
board
The bid of Jacob Mauss and Darllei
p ZONES TO sprinkle State street, from
Fourteenth South to Murray for $1l8
a. month. on a six months contract,
was referred to the committee on
sprinkling.