Show OPINIONS OF LAW dec IS 18 1910 hon nets jenson county atty brigham city utah dear sir I 1 am in receipt of 0 your favor of 0 the dinst in which you inquire as to whether or no the county road supervisor and the county physician are arc county off officers leers under the provisions of 0 section compiled laws of utah 1907 con county nty officers are designated that is certain officers are named and it is also there provided that the officers of a county are arc designating certain officers and such officers as may be provided by law under the provisions of subdivision on 40 section compiled laws of utah 1907 the board of county commissioners ners Is given the authority to appoint some suitable graduate ot of medicine whose duty it shall be to attend and prescribe for all such indigent sick and dependent poor etc such an off officer icer is known as a county physician under the proves ions us of chapter laws of utah 1909 the board of county Commis commissioners commissio ners is given tho power to appoint a county road supervisor per visor fixing his compensation both of these officers are provided by law and by law are to be appointed by the board of county commissioners they are under control of the county board of course paid from the county fund most lost A assuredly it appears to me that they aie ay county officers I 1 do not see how bow they can be classified otherwise very truly yours A R BARNES attorney general december 3 1910 ilon hon nets nels jenson county atty brigham city utah dear sir I 1 am in receipt of your favor of the dinst wherein you make the following inquiry would a physician that Is called to testify for the state 1 in a criminal case have a legal claim against the county for expert witness fees without a contract with the county commissioners or the county attorney A person called to testify on behalf of the state whether he may be an expert or not is only entitled to the witness tee fee allowed bylaw floo per diem this of course is first paid by the county and afterwards refunded to tho the county by the state I 1 have no doubt but that the board of county commissioners could agree to pay a larger fee lint but it if a larger fee were paid it would be an expense against the county and not against the state and the county could not recover biorn tile the state stale more than the per diem in ili the case you on have mentioned I 1 would say that the physician was not entitled to and could not recover from tho the county more inore than 1550 per day together with tile mileage very truly dours A R BARNES attorney general |