Show POWERS OF COUNTY COURTS A southern hern correspondent quoting section of chapter VI of the compiled laws of utah 1888 P vol I 1 aks for an interpretation as M to its it meaning the section edtion reads readis as an follows no member of the county court must be interested directly or indirectly in any property purchased tor lor the use uee ol 01 of the county nor in any purchase or sale bale of property belonging to the county nor in any contract made by the court or other person in behalf of the county for the erection of public buildings the opening or improvement of roads or the building of bridges or for other purposes As we understand our correspondent he wants to know whether under this section ft a member f the county court may sell ell to the court or the county any property such as an scrapers scraper wagons or borset hor set also whether such member of the court may take a contract or take charge of any i 1 ablio improvement author authorized by the court and do said work or employ his own teams or workmen upon it it would scarcely seem possible in view of the explicit language of the statute that there could be any doubt of its meaning the intent of the law jaw and it is expressly stated is that there should be no connection whatever either immediate or remote or contingent between the officials by whose vote county funds are appropriated and those two whom said funds or aej any of them would come the design of the law is that all possibility of collusion should be prevented and it if thiro had been any language that would more explicitly state this intention there is no doubt the legislature would have employed it it the only answer therefore to our correspondent queries is that the statute forbids any member of the bunty 0 anty court from sell ing to or taking contracts from the court and that if any such thing has baa been done it is illegal A friend to whom the foregoing was read this morning stated that he had received two or three days ago a similar answer to certain inquiries of the same character which he be had felt compelled to address to judge varian united states district attorney for utah the reply is in so pertinent and authoritative that we avail ourselves with pleasure of the permission to use it mr varian under date of october 22 say I 1 note your inquiries of this date concerning the lawful powers of members of the county courts in this territory which are stated as follows can a member of said court lawfully be interested directly or indirectly in any property for the use of 0 t the county may a member of said court be interested directly or indirectly in any contracts made by the court in behalf of the county for any purpose in reply thereto I 1 have to say that the law seems to be as it ought to be clear to the effect that no member of a county court cabbe can be interested directly or indirectly in any property purchased oed for the use of the county nor can any member of said court lie be interested directly or indirectly in any contract made in behalf of the county for the erection of public buildings the opening and improvement pro r ov f ement of roads or the building fu g 0 of f bridges or for other purposes 11 it is in El a principle of law generally e enacted by poi positive tive legislation as in this territory that no public officer entrusted with the management of public affairs shall hall be permitted to deal or bargain with the municipality through himself as a public official this is true on the ground of public policy or public interest which is the same thing applying ap this principle to the case state seated by you I 1 am a in of the opinion that it to is clearly in violation of the statute for a selectman of a county to furnish supplies libor labor or teams in the matter of the opening or improvement of public roads very respectfully CHAS 8 VARIAN U S attorney |