Show correspondence BETWEEN THE AUDITOR OF PUBLIC ACCOUNTS AND THE ATTORNEY GENERAL hon esnow attorney Gener general alfor for V U V F piear De sit sir M MT T patrick esq U US S marshai marshal has applied to me for funds to toi tol k pay 11 y the expenses of the district court for 0 r this thiis territory tsuch fluch as witness faesi fees expense expenses i of arresting and boarding prisoners serving notices botic es on jurors ac ac As this 19 iff the first time in il the history pf af fhe the territory that a united states marshai marshal has asked for territorial funds to I 1 of ses sea 0 f terra orlaf oriah to ria ear business business or oe otherwise grave doubts have arisen arisenia jn my nay mind as to whether in theace of existing facts which I 1 vall will ende endeavor agol avol to enumerate in part 1 I can he joe J justified in acceding to patrick sl eq q estu p 4 9 r p n circumstances by issuing warran ts on I 1 be ii e te T j I 1 p j Q st fr fig la u ry dabove Sa ga b bove ove contemplated lem tem plated As ai you y are the legal ad br territorial officers chave concluded pon chided ito to lay the matter teore you and aud solicit your youn legal opinion on the suba ech before 1 calier ta lier JL A A 1 proceeding auy nuy iier iler J in the first sni suu ari fv t to marshals and attorneys approved march 3 asb SS section 1 1 irea lrea reads darus asis follows ad it enacted fi setd ty he governor Goyer gover nor or aad abd legislative assembly br bf l 1 t tory of f ut utah W I 1 that a marshal shall opal be ej ejected cudby by a hoth both houses 0 f t the e legisla legislative t i vb assembly 1 tern of or sh shallie allbe ailbe one year unie ss sooner ra removed 1 iy ay jha iha legislative assemble e m bl F or u rit kit I 1 t IM ii elected ri and u 1 quan quai fied tied P ald paid aid marshat marshal shall b belore letord enter ink ing u pon e au tiel af pf hi onlee tak tab ah ab oath of office y and pud fi ap bonds with securities in the suna buna of not ex ce eding twenty thousand dollars con foy the faithful discharge duties which bond abond with securities id to co be appi approved bJ bythel by the sec see secretary detary of the territory an dulled in iii hrs office I 1 1 and in an aeb act prescribing the term 0 f certain of figers and designating where thein their bonds shall shaik be fi filed led approved january 19 1866 ihu ife is la declared and andi shall give bonds i with sith ip proved approved security t ta the acceptance of the auditor of pub lio lie w which 1 bonds shall be filed r his office in 1 1 1111 there are dra no bonds bon 6 g giyen given by b Y V U sr S T marshai marshal patrick patriek on aie ale iii in this office in the second place in the organic actor pact to establish V e r r for fbi tita atah at approved coved xa apt e r a P imps ben ler 9 I 1 section 8 decla decia declared red ah anat andt d ho person holding a comm commission on or r appointment under the thel united states es ex c cht abt vt postmasters ost masters shall shau ibea be a member of tiie tibe t e legislative assembly orisan hold cinder the government of sa said sald iii lil territory I 1 it united states officer cau eau can lio ifo any office under ander the gov t erdmen of said sald territory vy bhae igal agal authority could I 1 approve audale and nile nnie file marshal patricks bonds in my office hven kven wen len were he disposed to bonds to the people of 64 the territory A and ndji if I 1 could not hot ap approve prova and 1114 alle aale his bonds u un dei del the provisions of 6 existing gial laa lav ancl the tha 0 ho ow could coad I 1 legally ans w r his bis requisition requisite for tp pam pay expense courts is no responsibility or obligation to the people of af the territory y for the tho disbursement of those funds or for th faithful discharge of biff duties The Th thereas ereis reLis SL difficulty in V the ei way of my issuing auditors fsr fir on tha the treasury to pay brt bri C d arts on marshal patricks requisition this in the territorial ap ad aps A d bill UHL approved february ifo I 1 she the selling g spit rip lop arthe his hlf payment 0 espenak es or couras courts raitt reads fa gfa full t bedian by byj r errie errit laul Marshal marshai ial lal arsht arshi nav nap on vouchers cherb chers to bo ar by the auditor of public accounts or so much thereof as may be necessary sary bary if ac X how biow ow aa thesis th this isIs ish only only ohly fund again against A wll wil which ch the ther aud aua auditor ta can ean drow for expenses df courts under tinder the said apio appropriation B bail III lil I 1 and as it is t therein ac declared u rea red that fund fund fand or so much a way may be bd necessary i to be ie drawn by J D T mcallister Mo Allister territorial rit Xit orial marshalll marshal I 1 ean eau nob not see aee that nuy any discretion is left the auditor in the premises but taut that the tho funds if drawn at at aili ally must be j drawn by J T P IC io lq qa c 6 pa v ough nd il ap beida r be 1 g y vory very ry a pa eed that abat a t no act etc 44 an mine ifill a ahall 1 I I 1 exp eap expose 0 aa the tho rne merited im and d juif just censure of the tha laes Ijes laUve A i i who wiio are the representatives of the people I 1 appeal honor orand and solicit ybur y dur bur legal apinton odi on jh the e aub obb buu suu 1 ejects named herein far my t ane and and ina ana truit that yb hyill s at AS earlys dayas dakas i ble bie ur it 1 0 a iau elavon clayon cla ULA cinon calon Vox yon 4 1 ifill to t o 1 l fp if ga lii lil alake CI ty fauly rauly ad ISM 1870 IL j I 1 r i 0 A ufa 1 ATS ORNEY GENEY N fralan S OFFICE ta ly qt soni SonT zi wm Fm audua of publia pud PUS fed eed fad coo cco gont fint bar youir sotir dombi 0 thiard the enst 1 ia ber bor benore before ore bre me abu bays that have been applied d to by bl ta T patrick esq X V 8 S marshal marshai for to pay the ex pannes of the Di diatribe Atrie aunt count court oghig territory buch euch as sk wit i i feeg fees of arresting ati ail atac boarding boa prisoners selvia notices ox oo 00 jurors eto etc eto etc ele ely and pod fiatt this ia Is the dirst first time in the hebry himbry orthe arthe Territt territory iry ity th atthe TJ B S tar marshat lar shae shat has asked eadd W noi foi territorial funda disburse in payment ent of such mich expenses yoi yol ask W whether ather i 01 ot not under existing facto abil 0 id marichal bail can phal b bd with as I 1 in cor cot complying Mari marl marshal marshai cricks patricks fricks Pa request YOU call my attention to sundry laws of the legislature wiil will 10 of utah to answer inquiry it wil wll bo be proper for me to examine the laws of tild the united states in connee connection tiO with the statutes of utah to which my attention has has been called t congress by an act approved hep bep ept 24 1789 00 entitled titled an act td the judicial courts of th united baates see eee watal statutes at la large rg e val 3 p age aga 87 after pro vid rike rife for Q tha supreme and slid district courts courtat land ud dividing t the e united states IM intel circuits and district pro provided vided aided it in ste see oia via a marshal shall shail be lie appointed id ardd arid for each district whose 08 e daitzi duty 1 it ishall be id ta attend attena the 3 brict and clr cir when sitting therein and alaio lwslie ane S supreme court in the district 18 abi afi ni which wj achl eat hat fiat court oh shall alfelt eiband fo exe eke afe the district bil all law JAW ddll t precepts directed to hanian mm and issued a nj n j de the authority of th ibs d paira I 1 ano and beffre he erl lak entera enters upon the the dutie dutle iee lee fabj ochi office he ba shall shail badome alis alig faithful of df the baule eanie before uhe the Judge of uie une tle ule courvi bothe stat tede ea with togo bd 4 ana and tiffie sureties and aad 0 such to 1 14 b api ap bp i proved b it d it tib tig I 1 ayal abid L be fo r judge e t the 6 folling oath I 1 do solemnly evear eveah thau that faithfully all lawful ru precepts directed fil 0 the marshal marshai T uni uri dethe the authol nty of 0 stated and aud true gee gge fee 0 another act adb of cong Conk congress Con gres ressi apatov approved arll april loth 1806 see gee 2 statutes at I Jarge irl iri giving further rulee rules oncoming thed bonds says tan ten bob bobos bonds ds heretofore h Oreto tore fore given or which chmay may b hereafter here ie affer after ff er given by the marshal of wyly ann art district i r b nor for the faithful ful fui performance b of of hi hil office shall be fi fired idd and i recorded in the office of the clerk of tha court coutt or circuit court flitting within the district for which sueh such mari ma 1 shai bhai shail shall have been appointed alq copies thereof certified by the clerk iu ader the seal of the said court shall b e competent evidence evl evi dence denoe in any court courtot cour tbt of juls juis jjustice oj Jula ustice if I 1 I 1 tv t bran myan by an abet of congress approved roved way may th 1792 1793 2 aes ee statutes sla Bla lutea af at barkei liar ilar I 1 pr MAlong are laade for ide defraying expenses pf af the fhe united states courtland CoUrt sand band the united stated matteal mart MaTt Val vai al is made th d dis burong disbursing ticer df hoi hok tula itta aften after stating wha included in fit wa li amollie theeb benses pen beia ses 0 the territorial courts mbeni their jurisdiction in cases tinder abd tbd constitution ava an lawair law la abr the united states statts T arg are i re not eluded blu biu ded mid and therefore excluded and tho same advin having g been examined an d certified cert fied nied byther court or one of the judged of itin it in which the son sor services vibes bhail shail hav havo been rendered walt shall be passed in thi usual mani mari and the tho amount therea of paid but of the ohe treasury of t th united states by me the act of congress approved feb 1853 felat belat relating irig t fo feea rg asee eee bee Stat statutes at large vol mio 10 lol sud sid 3 lj i in the duty dutye p fit lit h among bt herUS S officers eel wil semi ab ricilly to the secretary ottlie interior in id whose cellis his ac ste 4 id td be examined i 1 adt act to j terri ter I 1 approved faraho for the power among which are A supreme ate courts antl anti district i Cop each Arlet ariet Courts counts ashall hate have ahad exer in all c ng under lehe the ana any t thet united states au a the circuit Cir clr euit cult and slid aud and ku d bysee bybee by bee sec 10 of the same act fo in utah statutes pi 27 il iti ibi lbs een ken acted that there shall be baa bea a marshall tit lit who shall execute all isal 1 in i from the bald amid boutty ithen thedr their jurisdiction ar a dis dib criesi courts of the united states he jib B shut shur I 1 perform the bame same duties be subject t w the same regulations anu and penalties ana be entitled to the tho bame fame fees as tbt marshal of the tha district court fon foe th present territory of oregon j from the foregoing provisions of abd united states laws which contain all that have any bearing on the questions submitted to me by you that I 1 haxe have been able to find I 1 have no difficulty in holding that tha marshat marshal at of the theunis uni ted states ia is not required byi any of them to file cile a boud bond with you yot youland land cand alvo any surety jurety j whatever to the Territory 1 for the faithful disbursement of any funds with which he be may be in trusted ea by you when a law odthe of he united states has provided the manner of the tho 1 qualifying ing of the mars Marg marshal marshai bal hal and the giving of df bonds with the place of recording and preserving them and prescribing in his duties as they have done as ag ube use thebe these provisions show it is equal to td saying that these thebe are all that more shall not be required and that less will not do ile he is amenable td ta the power that appointed him and must account to th the officers which their laws direct and none others I 1 jao jad not intend by to be understood that be he may not nob he be and cannot be made civilly liable for official delinquency to individuals with the provid provisions lons ions of the ath see sec of 0 the organic act which says that no person holding com cam co mission or appointment under the united states shall hol hoi hold hoid dany any office under the government of the territory I 1 could not anticipate finding ally ady law of this Terri terni territory tor mall malc making ingAbe the united states Mar fleer officer of but I 1 muil will examine and suit see by the act of utah entitled an in relation idil to marahall Mara hals halg and attorneys tor approved march 0 1859 see utah laws pj 38 it IS pro provided videl that a marshal shall be elected by the joint vote vota of both house bouse the legislative assembly W hwd whose erix of office hall shall be aci c he khall before ent entering gring upon the duties of his office taekeun tako take an nath oath ath of office and nile file bonds with sure surd ties tiepin in thet of naj not exceeding twenty tho thousand dollars on conditioned for the faithful discharge of his auti duties j ea which which bond and areto to be approved by th the secretary of he terrt terri i tory and lied filed in iri bis his office y I 1 the acton act of gan gau jan lath bayou y yav referred to see bee utah laws pi p seca 1 requires the territorial marshal to nile file his bond at your youn office and to your sour a acceptance seo seo sec 3 5 of the act before re ferreal to J relating to 0 o the territorial iee lee iea keb utah as laih lata lae a 8 3 p 33 38 3 requires phin nim him 3 luef W I 1 execute 1 ran raU ordera orders orl processes of th ej ine ide OW or district in nii ull 11 eases cases arising 1 under the tha laws 0 of the territory tonyi i aud and euch auch oten othar oter duties as asi the direct or may be rii ril kettY retty by law pOrtal pertaining ning to ithe itie dut duties lis or df lits ills boffice e tha he act referred to by you belati re iati lati to tue the appropriation for lepart expenses ii evidently int lix accord nuee abde winf with ual pal past aage usage r andaas and was intended to be drawn huo and marshal marshai be being beldt janoff mger lder nill atil amenable enable to the Terri torla toria government but even he hd could biot of draw drai the mon mone ey except on you chera obera approved at your dour office I 1 must ta therefore erfort say bythe by the territorial marhad as ils I 1 baid eaid by tild trie united states sta sla marshai marshal arshal if that hav hat what iho ibo ei law liiv require bf bit him bim he do r mota a 4 neos news necessary ary and and the samel samei applied apo app 1 ea to 0 j od 1 1 you muho ord els eib erb k the la dl at recap oto oth and ufa 1 af the mi who is au jq phoned bor tho ned eor b by law lav td 6 receive them taid laid and to td nonne ot otherl others fiers thi wilt leave theonie que n fhe ba territorial government rom 0 M w am you bod received your eieg eleb t ton ion 0 9 anil anti in jW high P parsed the law llvy it marshai mii mil alg ale ibave leavere iea lea vebe ahe aued states hla ila marshal q tp refer reter thu tho mattier mattler i 6 the govern ikover ir the united from whom hei he received bis his as sif IT 1 Q ma mar may bhai yours youra truly Z |