| Show STATE NOT OT LIABLE LI fOR r FAKE CL CLAIMS IM Not Pay Par Bounties on the thc Certificates for Now Outstanding t COUNTY COUNT CLERKS NEGLIGENT Exceeded Their Authority and Must lust Foot the time Hill Deputy Did Old It I Is No O 0 Incuse Ix use The Time state ID In not for or tho time OO or more outstanding fraudulent lont homily bounty claims cIa inma If I It desires to pay poy thom them It can CAl recover er or from Crom the lime county count clerIcs cerl who 1 Iel tho the fraudulent and their bondsmen bonds me I V Tho he of or tho the certificates who vImo now hold hohl them can con recover from roam county count clerks and their bondsmen for tho amounts of o their certificates Times Those are aro the tIme leading conclusions of or an nn opinion by Attorney Gen Gsa oral M iii A in Iii reply rell to tim t n a 1 request tram front tho time committee on bout houn boutI ty I frauds that ho he define tIme the of or orthe the tho state stute In regard to the Time The 0 opinion tIme tho responsibility squats ly Iy on el the a boulders of o tho county clerks who lio under tinder time the th luw cannot shIft any ammy of ot It to their deputies lI In lii fraudulent their lent Jant they exceeded right to r the state and ond hind It by Hitch Kuch contract an mis lS the law author nuttier authorized izod Izell them thel to immke where claims were werl I valid and amid proper ho full tull text let of oC the opinion follows follow Salt Lake City March H 4 1 Secretary Joint Com Cant Committee on oil Hoult mind and Frauds I r II d I Sir Si Your of or the tho 2nd hint duly ut itt lt hand In you 01 refer to what li is I known HI as 11 thu tho ho bounty frauds Ild re to iu quest my opinion on omi behalf of ot tin time Joint committee upon Illon tho thio following Thero are upwards Of ot 30 In iii bom II ty ty t still outstanding und amid un on unpaid Ul paid Of ot this title amount the committee U Is convinced that representing not less lesH than mind and probably more immure lur were originally by b fraud olther cr er by time tho presentation ot of skins which hl h had already n d boen hoell but hut which rained through the tho clerks cube owing either cither to time the negligence or connivance of ot county Irk clerks or itt their deputies eta oto iI he Is 18 further that practically none of oC these thue fraudulent rautu lent certificate are now nol humId hold holl by the time theor original or 11 I claimants but by ly parties to they hao been beon assigned nl I for a valuable r 1 I IH Is J the th state legally liable for tor the tho payment of ot ally ulY of oC these tle fraudulent certificates in II the tho hands hondl of or these thene thele au as al 2 u IC Hl time Is la liable lable and thor there tore fore forced to take ur up those th e or If It not b been n absolutely liable the state should deem It I good Iod policy poloy to tolY pay lY the name IOle could time the tle state AtMe recover r oCI aver against time the county clerks or their bondsmen 8 i If I tim II state should decline to take lok up sr there thee which are lre known to be ilL tainted with lh fraud could the owners owner thereof theet recover rt the truce face value of ot time the same anna 1011 In 11 suite Iuli brought by ly h them agaInst the tIme county clerk issuing the semite and amid hold the time mell of such lu h 11 county cOUlt c cerk therefore To your our first question I beg to ci reply In iii II the The Time statute providing for to lie be 1 paid iid for tor the tha destruction tion therm of or certain viIi NI I also alII pro provides provides r vides that thal under unter nod th time the exhibition of ot time the skins Akins 01 o 0 scalps of o clammed claimed to havo hoo liean hen killed under tinder the time provisions of oC tho thin lAw to tn the county clerks of o tho time lous ties then te of uthe lime lie state such Much clerk clerk when satis lied that lal DIP tho law lain ban h been hel with wih hall l 1 issue lle ne under tinder time the seal Real of o lila hil n mm to this the auditor of the tb state alI aim It I shell be tim th tin duty nf ot saId mid Ill auditor t to file flo the tho th saint mine 11 draw a n warrant for tor the amount sleet fled lelI In iii such an on 01 the stain treasurer for payment according to Im H etc It I will 11 Iii bi 1 ol d that tho time Uw law 11 r kr thc tb clerks clrk tue public HK ills of or Hi tim It I out In his pio 10 visions an nil AIl 1 11 III Ihl ho nhsn I rf If fj maim mil or Cr t collusion the a u 18 ts of ot agents u III In behalf of or tIme the within this tha limits nf of t the time authority conferred on oum 01 them hero In thu tito performance of or their duties bo ho time the stein acts of oC the stilts state arid and not be he repudiated by It ItIn I In Iii the tho OH eIO no under consideratIon It up lp pears that the acted fraudulent ly Iy mid wont went beyond h the thi nf Of hH imIn hl agency nail and hence his nets acts noll no legal claim against the time state tt to amid tin time Auditor should reus reu 1 to audIt or pay such fraudulent claims dealing With Wih public agents or it must take o notice of ot itoh thol powers blowers and duties A public officer I such ns as al we me urn are lre now dealing del with wih tie 10 rivos nil all 11 of or his hIl powers from coin mil bin Imle hIl dutIes ate are frE pi by hy the statute mind And all ni persons dealing with Ith him hIm In Iii II to his imle public agency Are hound to take lake notice of oC hIs hIl and auth dul under the tIO and Bee see that he ho Is II acting l 1111 time the UI scope of oC luis his author authority luthur ity I and amid III to know that he ho can camm only bind the tho state by b contrActs which RIO shown to 10 be authorized by 11 The fhe rule ruin In is l more lore stringent respecting respectIng public am amI I rl and agents lents than It I In respecting agent and nd persons deBUnK dealing with wih nn In officer must mulct at lt his peril nicer ascer ascertain tain taiti tIme the extent of or his power powei Time The Is not mInt lot responsible tot for to I the Ibo fraudulent nets acts of ot Its lis officer 1111 It I duel doel not become bound to others In Inconsequence inconsequence consequence eon noe of or such mich fraudulent anti anil wrongful nets acts by 1 express ogres I en the tIme bonn hon fida holder for value ns an from Irom your our communication cation that hunt the tho holder of or some of o those ci certificates Is II not hot protected In iii his holdings and cnn not hold the time state stAle liable In consequence of ot his hil own mistake Replying nerl to o your our second you 01 are arc advised 81 that In hum my may IY opinion should you 1101 It I good pulley policy to t pity pay IY these the lime Inte could coull recover hack back tho tIme amount no so paid 1111 from coin tho the county count clerks and Ind their t hot r bondsmen honl men luSh menAl luShAn As An Al to jour our third bird question I am of o tho time opinion that time the present bona hOlla tide f e hold hol holdem ern em IM of o these would woul have 1 a en use of ot notion action against t tho county nail and their bondsmen hond ron Serj n fl nH nf H f funk the county clerks cerks liable for lor lorRI all RI HI I HitH em tie of lt their I hi r deputies t lea I mil ery aery If truly M A HH J DIU Attorney 1 |
