The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-02-11

fcr county, IHeY are. or are not. we
should know it, for they are, TO say
the least, very questionable. The at
torney general states, as appears. that
the legislature did not intend that law
ful and just claims should be denied
and rejected by the county attorney
through spite or prejudice In this he
assumes that the claims are lawful and
just, and that they were denied and re-
Jected for spite and prejudice only.
These and other conclusions he ap-
pdrently arrives at from matters sub
mitted TO him by the county board.
What the matters or facts were do not
appear, but if the board or any menu
Der thereof, has stated that my action
in regard to these claims emanated
from either spite or prejudice, such
statements are absolutely false. and
there was no foundation in truth for
such statement And 1 Will say that
it would have been in better taste had
the attorney general obtained a state
ment from the county attorney also,
before assuming the fact that he acted
from prejudice and spite, or that he IS
hostile TO the board True. there is an
attempt, parenthetically, to avoid this,
but it is evident from the statement
that such charges were made and acted
upon
Perhaps it would be well to state the
facts about this matter, as it appears
they have never been stated. On the
9Th day of January, 1903 one Charles
Woolfenden handed the county clerk,
after the board of county commission
ers had adjourned, the following arti-
Gle, written in his own handwriting,
and requested that it be spread upon
the minutes of the board. Said article
is as follows, to-wit:
'On motion of Councilman A. L.
Stoddard, moved that Councilman p.
S. Martin and Treasurer G. Woolfen-
b. don ha a17thnrizpd n visit the
general in person and make a presenta-
ton of the existing conditions of the
offices of assessor and treasurer, and
procure his advice as to what action
should be taken by the board that the
interest of the people may not be jeop-
ardized. The county to pay the eX-
penses. Seconded by p s Martin and
carried
The next morning l saw one of the
members of the board and told him that
1 did not think that the article should
be entered in the minutes, because Mr..
Epson had commenced an action against
the assessor and treasurer to test the
question as to who had the right to
these offices; that the opinion of the
attorney general could not change the
results or prevent the suits; that if the
election was void the incumbents would
hold over and their acts would be valid;
if not, their acts could not be validated
the attorney general or any other gen
eral, and that any expenditure on the
part of the county would be useless
and of no avail The members insist
ed. however. that it was necessary to
interview the attorney general, but
went and advised the clerk not to enter
the article in the minutes.
On the 18th day of January. 1903, the
following claims were allowed, to-wit:
Stage fare, $3.50; railroad fare, SO; Pull
man bed, $3.50; meals. s1.30; hotel, SO;
car fare, 10c; total scotland warrant
issued therefor to Charles Woolfenden.
Meals in Beaver and Milford, $3.50;
railroad fare and Pullman bed, $3.50;
hotel bill So; car far, 10c; breakfast,
soc; team home. 81; total, $196o-and
warrant issued therefor to 2. S. Mar
tin. These claims puTport to be based
upon the order of the board of county
commissioners: one of them appears to
have been audited by the county clerk,
but neither of them was submitted to
the county attorney for his approval.
but were objected to by him as being
Illegal, unjust and not proper county
charges, but they were allowed, and
commenced proceedings against the
county commissioners, not as SUCH but
as individuals. under the provisions of
section SOC of the compiled laws of
! Utah, 1898, in the name of Beaver coun-
ty, to recover the money so paid out
Illegally.
We take the position that the county
is a public quasi corporation and auxil-
larry to the state of Utah, and no pow
ers, duties or liabilities are conferred
upon the board of county commission
ers except such as are expressly given
it by the statutes, and such implied
powers as are implied by the law to
be necessary to discharge the duties OF
the board Section oil of the revised
gsT1 Of
commissioners has jurisdiction and
power to settle and allow accounts,
legally chargeable against the county,
after examination by the auditor. Sec
ton 535 provides that all claims against
the county by members of the county
board for expenses must, before allow
ance, be presented to the county attOr-
ney for the Endorsement of his opinion,
in writing, as to their legality; and sec
ton 493 tells US that all contracts, au-
thorizations, allowances, etc, in viola
ton of this title Q2) shall be absolute
! ly void, and shall never be the fOunda-
ton or a basis of a claim against the
treasury of the county. Sections 531.
535 and SOB OF the revised statutes of
Utah. 1898, lay down the necessary pre-
J liminary actions as conditions prece-
dent to the allowance of claims which
are necessary to give the board of su-
= perVisOrs Jurisdiction and the allow
ance of claims without such precedent
action is ultra wires and, therefore.
; void
Wherefore, we conclude that when a
member of a board of county commits
sioners presents a claim for personal
expenses, in the performing of acts that
no possible benefits could be derived
| from, in the irregular manner indi-
Gated and in the interests OF persons
who have since been held to have
, usurped the offices which they pretend
ed to be holding, the presentation Of
the existing conditions of which offices.
occasioned by such usurpatiOn. being
the cause of the expense, it should not
be allowed. 1t being also remembered
; | that at the time said Peter S. Martin
I and Charles Woolfenden made said
, trip to Salt Lake and incurred said ex-
pense, two opinions had already been
received from the attorney general
touching the questions about which
they sought advice; these opinions had
r been received through the mails and
, as many more as they might have de-
sired could also have been received by
{ written correspondence and without a
: personal expense in making the trip to
Salt Lake City. / am willing to leave
it to a court. jury or to the citizens OF
, Beaver county if it is necessary to send
two men to Salt Lake City to get an
opinion from the attorney general II
? this should be held legal and proper
: think very dangerous and expensive
precedent will have been esta blished for