The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-05-25
cR1PPLBs THE JUVENILE COURT

The Juvenile Court in this city has
always had an uphill road TO chmp'
When first instituted it had the ms
fortune to be handicapped by con
flcting jurisdiction between the CITY
and the county. and its usefulness was
diminished by that cause from the first.
The Legislature seemed determined to
give control of the Juvenile Court 10
the county and make the city pay the
expenses. This. of course, was en-
tirely out Of tho question, No city ap-
preparation could lawfully be made for
the carrying out of county work. Where
the city money goes the city's jurisdic-
tion must also extend. But the law
did not permit this. and an arrangement
had to be concluded amicably between
the. city and the county, whereby the
city was given rights in the court,
which the law had not conferred.
And now again. the Juvenile Court
is put under another handicap by the
law and partisan malignity. 1t aP-
pears that there is no way under the
statutes whereby clerk for that
court can be paid. But, Of course. If
payment cannot be made, the services
cannot be had We are convinced, how
ever. that the partisan malignl'y alone,
which raised this question. put the court
under this disability. The County
Clerk appointed Mr., T. j. Irvine to be
Clerk of the Juvenile Court. Mr.. Irvine
was very much hated and viclously
opposed by County Commissioner John
c. Mackay: and Mackay was deter.
mined that Mr.. Irvine should not draw
any public money for his services. In
Mr.. Mackav nrged that there was no
law under which n Juvenile Court Clerk
could be paid. And this turned out
TO be the fact, so far as specific require
monts was concerned. The State au-
thorties concur in this conclusion, and
we believe that it is admitted on all
hands that Mr.. Mackay's point was
good in law Still, il was remarkable
that Mr. Mackay should make this
point. inasmuch as he has shown such
respects. Heretofore he has paid APP
pointees of various kinds who were not
provided for in the law, and whose pay
ment was such hagrant breach of the
statutes that he had to 90 TO the Legis
lature and have his acts legalized.
He is not willing. however, to dc the
same thing for Mr.. Irvine that he did
without the least question or scrupie for
others. This is because he hated IT.
vine, and was determined that If Irvine
served as Clerk of the Juvenile Court
he must serve without pay. So MI r.
vine had 10 resign. 1t is a clear
case that if it had not been for the per.
sonal antagonism of Mackay against
Mr.. Irvine there would have been no
question raised as TO the pay for the
Clerk of the Juvenile Court. II is GER
tain. also, that no one would have OBJ
lected. because the need Of clerk for
that court was evident to all, and no
taxpayer would have objected TO pay.
mcnt for the service.
Now, however. that Mr. Mackay has
raised and enforced the point against
| Mr.. Irvine that II is illegal to appro.
( pirate money to pay the Clerk of the
| Juvenile Court, We do not see how
it is possible for that CONT to have a
clerk at all. Whatever complaisauce
might have been exercised in this mat
ter. every one taking the payment AS a
matter of course. nothing Of that
/ kind is possible now, since Commis-
| sioner Mackay has made IL so plain and
clear that such payment is not allowed
by the law. The fact that the law does
not provide for the payment for the
clerk of this court is simply another
instance added 10 scores Of others. Of
the slip-shod, careless way in which
laws arc enacted in this State. And
under it, Commissioner Mackav has
been able seriously 10 cripple The Juye.
nile Court.