Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-10-20
ESPECIAL FUNDS"
OF CITY TREASURER
The Council Having Levied Fiye-Mill Tax
for Contingent Expenses, Cannot
Borrow from Other Funds.

.-,,o ,spoclal funds Of the city can
~ used for any other purposes
h nov, f,r which they were levied un-
, ,sa circumstances can they be trans
~. legally. to the contingent ex'
go amid IN view Of the fact that the
r. r made the latter levy ave MUS
Mich as the law would allow
rsp. did city Attorney Stephens eX-
- himself this afternoon, "hen
,.,,5 for a special Interpretation OIL
onIplon furnished by him today 10
c.,y treasurer Morris in answer TO a
~" ~ of queries propounded by that
'G.I, commenting further upon the
- Mr. stephens said IF city
mol could levy a tax to the last
v~,t FOR general purposes and then
'n.,,o,, that fund by borrowing what
ers, n desired from other funds 1t can
sg.py be- seen that the safeguards
. a. about municipal business man
rocknt by the Legislature would be
IN AZ AZ a thing Of naught. When
,bs legislature put the limit OF hve
,.ns mon the levy for general pur-
,osss n meant without doubt that hve
,.m. sbould be the limit. When | wrote
ry opipl9u TO Mr.. Morris l did not re-
csu what the limit was for that pur-
nose This year and as my tax notices
6n NOT disclose that Information, l
r,o,eeded without that knowledge, 9TH
srv,se 1 should have expressed my
views I'm a more definite manner
The queries Of Treasurer Morris and
,bs opinion Of city Attorney Stephens
f0li0w
TREASURER MORRIss QUERIES.
r. b. stephens, ESQ., city attorney
Dear sr:-Wnl you please furnish me
with your opinion. at the earliest possi-
bic date, on the following questions.
f6r uy guidance 10 the conduct OF the
business of the city:
isl. What constitutes a lawful war
rant within the meaning OF Sec -SS
z. 81 la.
Ind Isa warrant, drawn by the city
auditor and bearing his certificate
tbat II us within the lawful debt limit
Of salt Lake CITY corporations, ana Is
lssred according 20 law" sufficient to
rlotaci the treasurer In paying sueh
warrant whether it shall have been
ISSUED according to law or not; or is
the treasurer bound 90 determine that
question?
Ord When the annual city tax. levied
IN accordance with sec. 2o3 X > mas
been collected must the treasurer keep
the proportions Of each tax as specihel
IN subdivisions T. 2, 3. Z and . OF SAID
sec. 100 different funds? and
tth II so can any part OF any such
fund be diverted TO- or used for the eN-
pendrure Of any other fund? And II
so how and when2
5,h. Does 1888. or any other part OF the
laws or ordinances make the treasurer
responsible Co see that funds are sent
% the place where bonds or interest
caupOns are payable In time 20 meet
such payments when due?
6th The present procedure Tn the
construction Of extensions OF the water
mains ln the city Is not In accordance
with the provisions Of Chap. - r. s.;
but where parties petition Tor such eN-
tension the City Council usually grants
the petition upon the petitioners paying
The cost ~ the extensions, for which
they receive water scrip. which can be
applied in payment Of water rates.
Must such payments for such extern
eIons ha treated as special taxes With
IN ihe meaning Of that chapter, ana as
special funds within the meaning OF
Sec 1882
An early reply will much obllge, as
The matter Is somewhat pressing.
REPLY TO THE CITY TREASURER.
The reply Of city Attorney stephens
10 City Treasurer Morris was received
this afternoon and Is couched In the
following language
salt Lake city. oct 10, 1900.
Dear Sir-ReplyIng TO the questions
presented 20 me In your letter OF Octo-
Der 18th, received this morning, would
say:
Frst--A lawful warrant within the
meaning % section 1888. r. S. is In my
49, 'iNNAf 'NN WlllNll lN AaAl AlNA 80"
race duly and regularly issued, so far
as your knowledge goes. In other
words II Is my opinion that where a
warrant comes 90 YOU containing the
required certificate with regard to t"c
dsbt limit which Is fair upon rs face.
and concerning which you have no rea-
ton whatever 20 believe that Il IS in
valid in any respect Is a lawful war
rant and you are not for illustration,re-
Qulre1 90 examine the proceedings OF
me lity Council 20 determine whether
me appropriation upon which the war
rant was based was passed by the ma
)onlY vote required by law
seeonI-ln my answer 20 your first
inquiry, | have practically answered
your second. In my opinion, you are
protected 10 paying such warrant, II
you pay same In good faith f,'ly be-
ueNIUE fhlf the eaua IL q yaiiI war