| Show REGARDING BAD BOYS attorney general bishop today promulgated mul gated the ibe following opinion affect ing liability for expenses in conveying persons persona to the state industrial formerly the reform school to the honorable board of trustees of at the state industrial school ogden oden city weber county utah gentlemen 1 I have before me your inquiries submitted by C B R hollings worth secretary eore tary of your board under date of july in which you ask aak to be advised upon the following points firel you submit the bill of a deputy sheriff of at box elder contain oon talu log ing the following items for arresting escaped inmate of the be state slate industrial school 1 dinner for the inmate two telegrams telegram 85 each railroad ticket for inmate from promontory to ogden fifty five miles mileage at twenty cents per mile one way 11 ana ask if the said bill to a proper charge against the state industrial school aud atad payable out of the general appropriation for the maintenance of the asid institution or la Is it a direct charge against the state of jtb la in my all proper and necessary bill bills of ibis character would be a proper charge the state industrial school and would be payable out of the appropriation for the be maidae nance 0 of f such huoh institution and ana not dot ft a charge ge ago against lost the of utah see sec odd nod it it la is a coarie against the be industrial school is ia the item of twenty moto cents per mile for bringing the in wate to the institution such as aa is in prescribed by law lav in section of the county government bill found oo on page of we the lawn L awn of utah of 1896 provision to ia made for mileage in certain case caama but in my opinion these charges for or mile site can only obtain in civil cases sad and that no mileage can be charged by a sheriff lu criminal cases see gee also alao sea emotion tion of the same sell this to ie especially true of at all criminal cases arising within the county whether this came would come within the rule which rt quites the sheriff herl fl to make all legal legai Hf reate within dis bia county as aa la Is provided lu in subdivision 2 76 of the county government bill wherein it scribes the orre huiea of sheriff ahe rifi is ia lo 10 oot quite clear however section supra la Is the only law ao 80 Is far r as aa I 1 hove have been able to discover authorizing such officer to charge and in my opinion there la is nothing in that section auction that would gut authorize a charge of milage in thin case under the constitution and the laws lawa eni acted in pursuance thereof the sheriff of the county is ia to be paid a fixed and definite which shall be full compensation for all of every kind cind an anaf dao riplon rendered by the officer dismal be herein rein see bee bertlon 10 chapter of the laws of utah 1896 from the to latter clatter part of section auction and section 1 I take it that vas abe in of the legislature was wa that bat all county officers should be required to render services to the state oration or county ty without fee and the salary which such rt officer receives Is to te be considered as ai covering all snob services tabing raking into int consideration all of the provisions of the law I 1 am of the opinion that the item of mileage oon con bained in the said bill is not a proper charge nor is the item of 1 for mak log ing the arrest I 1 am inclined to think wat bat the other items contained in the said bill it if they are reasonable h y charger should be all allowed owea and any other actual and necessary expenses expense which may have been incurred lathe la the apprehension and delivery of the said boy into the charge of the ent of the he said institution including any ny item for which money won was sau ally ily and necessarily paid out by the said of officer licer that he be to is entitled to no compensation for his service L that is in covered by bis bin salary he be 11 i not entitled to mileage beesaw it to is the intendment of we law jaw that such services snail du de for or the abe state without chugs charge and for be abe further reason that mileage la in oases cases is not authorized by jaw your Y our third question having been fully covered in my answers to your brat aud and second I 1 do not doom deem it 16 noo neo smeary essary to give it further consideration I 1 have ther the honor bonor to be very respectfully fourr A C BISHOP attorney genera |
