Show I WITH THE LAWMAKERS I Review Bolithos Bill on County Coun-ty Government AN IMPORTANT MEASURE POWERS EXERCISED BY THE BOARDS OP COMMISSIONERS Handling of the Funds Removal of County Scat The County Officers and Their Salaries Consolidations Proposed The General Provisons House bill No 78 Mr Bolithos bill to establish a uniform system of county government for the state is one of the most important measures upon which the first legislature will be called upon to act There are many reasons i why a law on this subject should be enacted at once and in view of them I an effort will be made this week to bring about the consideration if this bill at the earliest day possible I The Eolitho bill has been carefully prepared ana > s looked upon as a very judicious measure The essential I L points of the bill as it is now before the counties committee of the house Is herewith presented BOARDS OF COMMISSIONERS The several counties of the state as they now exist and such other coun ties as may hereafter be organized according ac-cording to law are made bodies corporate cor-porate and politic and a such have the powers specified in the act and such other powers as are necessarily implied necessariy The powers of counties can only be exercised by a board of county commissioners I I com-missioners I Counties may sue and be sued may purchase and hold land the Commissioners Commis-sioners may make contracts for the 1 t1 I purchase of such personal property as is necessary to the exercise of the I j countys powers and they may dispose t I of its property as the interests of the t I inhabitants may require I No county can in any manner give t I or loan its credit to or in aid of any I I person or corporation No county can j incur any indebtedness or liability in I i i any manner or for any purpose ex I I j ceeding in any year the taxes for the i current er without the assent of a majority of such qualified electors I thereof as shall have paid a property I I tax therein in the year preceding such election voting at an election to be held for that purpose nor unless be j fore or at the time of incurring such I indebtedness provision shall be made i for the collection of an annual taxI tax-I sufficient to pay the interest on such j indebtedness a I falls due and also I j i i to constitute a sinking fund for the j payment of the principal thereof within twenty years from the time of I contracting the same i i County officers allowing any claim < against the treasury of a county in I i i violation of law are made responsible S j I upon their bonds to the person damaged I dam-aged to the extent of said persons I loss by reason of the nonpayment of I the claim Whenever the commissioners I commission-ers order any money paid out of the treasury for any purpose without i authority of law or whenever any county officer draws a warrant in his own favor or the favor of any other l person without the authority of the commissioners or of law it is the duty j of the district attorney to institute suit for the recovery of said money and I i for 20 per cent damages for the use thereof i I is made the duty of the district t judge of each and every county whenever j I when-ever a grand jury is impaneled to call I their attention to the provisions of the foregoing sections and to instruct b I them to ascertain by careful and diligent gent investigation whether the provisions visions have been complied with and to especially note the result of such investigation in-vestigation in their report The county seats of the respective j counties of this state na nnTir fivofl hi j I law are recognized as and declared to be the county seats of the respective counties No county seats shall be removed unless twothirds of the quail fed electors of the county voting on i the proposition at a general election I shall vote in favor of such removal REMOVAL OF COUNTY SEATS Provision is made for the manner in which county seats may be removed by holding elections therefor Any ordinance which the inhabitants of a I county may desire enacted may be submitted to a vote of the people upon petition to the commissioners of 50 per cent of said inhabitants when itI I carried the ordinance shall be de eared enacted the same as though I passed by the commissioners The board of county commissioners is pro r vlded for as follows j Each county must have a board of i county commissioners consisting of three members And until the next j general election the three selectmen now in office in the respective counties in this state shall constitute the board of county commissioners Each member of the board of county coun-ty commissioners must be an elector of the district which he represents and must have been such for at least one year immediately preceding his elec tion and shall be elected by the quail fled electors of the fed county at large The county commissioners elected at the general election held in the years 1896 and 1898 and every four years thereafter shall hold office for four years They shall take their office on the 1st day of January after their elec tion tionThe The board of county commissioners may by a twothirds vote of the mem bers of said board change the boun daries of any or all of the commissioner commis-sioner district of a county provided however that said district shall be kept as nearly equal in population a may be and provided further however how-ever that the boundaries of no commissioner com-missioner district shall at any time i be changed in such a manner a to I effect the term of office of any county commissioner who has been elected and I whose term of office for which he has been elected has not expired and provided pro-vided further that no change in the boundaries of any commissioner dis trict shall be made within the ninety days next preceding a general elec tionWhenever Whenever a vacancy occurs in the board of county commissioners of the i county the board of county commissioners commis-sioners may fill the vacancy by appointment ap-pointment and the appointee shall 1 hold the office for the unejcpired term COUNTY CLERK The county clerk is exofficio clerIc of the board and his duties bard dutes are prescribed pre-scribed in elaborate detail The board I may in an emergency hold special I meetings by order of a majority of its members but the business to be transacted trans-acted must be stated in a notice to be j J issued by the clerk five days in advance ad-vance of the meeting and no other business than that stated In the notice I may be transacted POWERS OF THE BOARD I The board of commissioners In their respective counties are given jurisdic tion and powers under a very com I iprehensive schedule of limitations and t restrictions to supervise the official I conduct of the county to divide the J j j I county into precincts election school road commissioner and sanitary to I establish abolish or change election i precincts to establish public roads to i provide for the care of the indigent to levy taxes to fund outstanding in I i debtedness by Issuing bonds to levy j I I taxes for the payment of the interest thereon to maintain public pounds and establish pound limits to equalize assessments to control and direct suits to which the county is a party to insure county buildings to grant licenses for toll roads bridges wharves etc to establish a salary fund and such other funds as may be necessary and to transfer moneys from one fund to another to fill by appointment any vacancies occurring in offices under their jurisdiction to adopt provisions for the public health and provide forth for-th expense thereof to advertise forbids for-bids for furnishing the county with stationery to make rules to govern their meetings to adopt a seal for the board to license for purposes of regulation regu-lation and revenue any kind of business busi-ness not prohibited by law which maybe may-be carried on outside of cities or towns to provide for the destruction of gophers or squirrels to provide for the prevention of injuries to sheep by dogs to make regulations for the protection pro-tection of fish and gameto require county prisoners to work on public grounds or roads to provide for the inspection measurement or graduation gradua-tion of any merchandise manufacture or commodity to provide for the burial of indigent dead to make and enforce within the limits of their jurisdiction suoh local police or sanitary regulations regula-tions a are not in conflict with general I law to adopt regulations for storing I explosives for the protection of life and property to grant franchises on I public roads to enact laws and ordinances ordi-nances to enac construction of roads and highways to levy a special road fund tax not to exceed 2 mills on the dollar of assessed valuation The board is given power to direct the sheriff or a deputy to attend all meetings j I meet-ings of the board to subpoenae witnesses nesses and give evidence before the board whenever it is desirous of investigating in-vestigating any public affair the I sheriff to cause such subpoenae to be I I served and the person refusing to respond I I re-spond is deemed in contempt of court and be subject to punishment as provided I I pro-vided by law for such offense I The board is required to canvass I county election returns and issue certificates I cer-tificates of election through the county I coun-ty clerk Warrants drawn by the board upon the treasury for current bard expenses must specify the liability and when accrued and must be paid by I the treasurer in the order of presentation presenta-tion or i there are not sufficient funds in the treasury to meet them they must be r registered and thereafter paid in the order of registration I No member of the board may be interested I in-terested directly or indirectly in any property purchased for the use of the county Any commissioner who refuses or neglects t perform any duty inposed upon him by law or violates wilfully any provision of law governing his official actions forfeits 500 to the county and is made liable on his bond for any damages dam-ages obtained by any person by reason of such act COUNTY OFFICERS I The officers of a county are a sheriff recorder tax collector county attorney I assessor treasurer superintendent or schools coroner surveyor members of I the board of commissioners and such other officers a may be provided bylaw I by-law Provided that in counties where I the commissioners shall so elect by ordinance or-dinance the duties of certain officers may be consolidated a follows I Sheriff and tax collector auditor and recorder county clerk auditor and recorder I re-corder county clerk and recorder county coun-ty clerk and auditor treasurer and tax collector provided fnrtheir that in i I clector counties where the duties di said bmc j i ers have been or may hereafter be i consolidated in either manner above designated the board of county commissioners I com-missioners thereof by proper ordinance I may elect to separate the duties so j i consolidated and reconsolidate them in L i any other manner above provided or i I may separate said duties without reconsolidation j recon-solidation and provide that the duties I of each office shall be performed by a I separate person whenever in their discretion dis-cretion the public interest will be best I subserved thereby I When offices are united and consoli dated the person elected to fill the of flee so united and consolidated must 1take the oath and give the bond required re-quired for each discharge all the duties i pertaining to each and receive the compensation affixed to the offices The officers of a precinct are one justice jus-tice of the peace and one constable The board of county commissioners of each county on 1 before the first Monday I Mon-day in September 1896 and thereafter 1 as public convenience may require t shall divide their respective counties into precincts for the purpose of electing elect-ing justices of the peace and constables and also into three election districts Tor i the purpose of electing from each of such districts a member of the board of county commissioners provided that the board of county commissioners shall have power whenever they deem it for the good of their county to provide by ordinance for additional justices of the I peace and constables in the several precincts pre-cincts of the county i All elective county and township officers 1 of-ficers except otherwise provided in this act shall be elected at the general elec I ticn to be held in November eighteen j I hundred and ninetysix and every four i years thereafter unless otherwise herein I t here-in provided and shall take office at 12 r oclock meridian on the first Monday In j January next succeeding their election j I Commissioners shall be elected as hereinbefore j i here-inbefore provided County commissioners must prescribe II the amount in which the principal county officers must execute official bonds and district judges must perform the same duty with reference to the I commissioners The bill then prescribes in great detail I all the duties which each officer provided pro-vided for shall be called upon to per I form and designates the amount of I fees which each shall collect for every specific service for which fees are I charged It directs I that witnesses summoned sum-moned to testify in district courts I shall be paid 150 per day and in jus tices courts 100 per day and in both cases mileage is allowed going only I at the rate of 15 cents a mile The salaries I sal-aries of county officers are provided for as follows I SALARIES OP COUNTY OFFICERS The county commissioners shall each receive from the county four dollars per day for each day actually employed in attending to business pertaining to the county together with mileage at the rate of ten cens per mile for each milt actually traveled by them in the dis charge of their duties dutes as county commissioners com-missioners The compensation of the officers pro vided for in this act shall be by fixed fxed and definite salary such as may be pre scribed and allowed by the board of i county commissioners of their respect lye counties l salaries of county offi cent whether for principal I princpal assistant i clerk or deputy shall in each case j constitute a county charge i The salaries of such officers named I in this act as are entitled to salaries i shall b paid monthly out of the county I j I treasury and it shall be the duty cunty of the I II I auditor on the first Monday of each II j I and every month to draw his warrant I I I upon the county treasury in favor of I each of said officers for the amount of salary due him for the preceding month provided however that one half of the annual on salary of the salar assess or shall be paid him in equal installments ments in the month of March April May and June and the remaining Apri one half in equal monthly installments for the remaining months of the year The i treasurer shall said shal pay warrants on presentation out of the salary fund of the county treasury The bill further provides for the manner man-ner in which fees shall be collected for execution for nonpayment of fees that all county officers shall complete the business in their offices before the expiration of their terms a penalty for neglect to keep 1 fee book that all fees collected shall be paid to the county coun-ty treasurer on the first Monday in the following month and to insure prompt compliance with this latter provision I directs the auditor shall not draw his warrant for any salary of any such officer of-ficer for any month until the latter shall have first presented him with the certificate of the county treasurer showing that he had made the statement state-ment and settlement for that month required in the act The closing sections of the bill declare what shall constitute county charges the same being in accordanc with little j lit-tle a no exception to the existing statute I stat-ute on county government and provides that when criminal actions are transferred trans-ferred on change of venue the cost accruing I ac-cruing upon such removal shall be a charge upon the county in which the indictment I in-dictment is found I The provision is also made that in each county of this state having a population pop-ulation of over twentyfive thousand the governor shall appoint an auditor who shall qualify as required by law and hold office until his successor shall be elected and qualified as provided by law and in ail other counties of the state the duties of county auditor in this act shall be performed by the county otherwise coun-ty clerk of provided the respective counties until An emergency clause is attached Ijcsrislutlvc Notes The opposition with which Representative Represent-ative Stevens militia bill met on the several occasions when it was attempted I attempt-ed to get it before the house and the treatment I received when it was finally I final-ly forced up has determined the militia leaders and friends of the measure to I adopt a new plan in pursuance of which the officers of the guard met y yesterday morning at the adjutant I generals office at the Industrial Home 1 to consider the most advisable course j I to adopt The result of the meeting was the selection of a committee to draft a new bill which will be offered to the house committee on militia which will I1 I be asked to report it a a substitute for Mr Stevens measure The committee as thus far selected is composed of Ad jutant General Cannon Dr Penrose Colonel Jennings Captain Jones o > f Brigham City Colonel Tatlock and I Lieutenant Palmer I is expected the new bill will be ready within the week The hearing of the contest of J H Bringhurst for the seat of Representative Representa-tive Lemmon will in all probability be deferred until this evening Such a decision was not made by the house but the members conrmonly agree it should not take up the time of the day session There is a disappointment in store for the great multitude of people who made j up their minds to attend the continued hearing for the purpose of hearing Mr Harris speech in ifavor of the majority report in the contest case for that gen tleman has paired with Mr Nebeker of Rich and agreed to smother his eloquence elo-quence i Quil would agree not to ask for the floor Not only Mr Harris friends but the members of the house as well will experience keen disap pointment at the announcement j i The evenings of the members will be pretty fully occupied the coming week The BringhurstLemmon contest is on for ji tonight there is a public meeting of the house commit tee on municipal corporations set for I i Wednesday night and of the railroad committee for Thursday < evening with I D prospect for several night sessions o committees including the joint sala ries public lands j and counties I Representative Gibson is one of the I members who is giving1 eminent satisI i faction to his constituents He is in receipt almost daily of letters from Uintah county praising him for his attitude in favor of economy In one received Saturday from R C Camp of Vernal is contained the following pertinent paragraph with reference to salaries of public officers pUblc ofcers i I will I i wi give you an illustration of the way I look at Utah julil entering state hood A young couple marry and start in life with limited means The man works early and late and after much deprivation and economy ac quires a home and a comfortable com petency When does this young cm man need assistance When he is starting or after he has got his start startng Logic would seem to say ill i starting and so it is with Utah Ever citizen who has any love for his state or any loyalty should be willing to enter any branch of usefulness at a verymoderate salary to help to enable the young state to get well on its feet financially and give it a fair running start with start wih nothing to impede its progress i |