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Show -no COUNTY TREASURER MUST PAY ON BOND Salt Lake, April 3. A flat denial of the right of the county commission to permit the payment or the $4 20'i premium on the county treasurers bond out or county funds will be made by H. L Mulllner, county attorney, in an opinion to be submitted to the commission today He will warn the commiss that if it seeks to pay the premium the couutv attorney's office will proceed with all lawful means at Its disposal to prevent the unlawful expenditure of county money. Recently the county commission asked the attorney for an opinion as to whether or not it has the right to transfer $4200 from the general fund lo the interest fund The commls slon did not state for what purpose the transfer would be made, but the implication was evident that It was lor the purpose of paying the premium pre-mium It Is generally understood that the commission has decided to disregard disre-gard the attorney in regard to tho premium. Opinion of Attorney. Mr Mulllner prepared an opinion yesterday to the effect that the com mission has the right to transfer funds from one account to another whenever the public Interest will be served thereby, but he adds that not only would the public Interest not be reived In the case at issue, but that the public's money would he wrong fully and unlawfully spent if such a transfer were made and the money il to pay the bond premium. An open breach between the count) attorney and the county commission threatens over the question Early in January when the attorney attor-ney first informed the commission thai the law providing for the pay un nt of the premium out of eountv funds was defective, the treasurer arranged ar-ranged with the t'ontinental National bank to have the bank take care of the bond and guarantee the premium with the understanding that the legislature leg-islature would correct the defect In the law Bank Face9 Dilemma. Su' h a bill was passed but died ! in the bands of the governor Now the bank fares the dilemma of hav-ing hav-ing guaranteed the premium without any recourse for its reimbursement. It is understood that the banks have j Ibreatenerl to discount county warrants war-rants for their own protection in the matter and have also considered the " advisability of refusing to pay any in-tercst in-tercst on county funds on deposit, contending thai if the law is defective BO far as it pertains to the payment of the premium on the treasurer's bond it is also defective In its clause requiring the payment of interest on fOiint funds. Both matters are covered cov-ered by the ame enactment The county attorney takes a different differ-ent view He declares the law Is good In so fur as it relates to the payment or Interest Also he hold that th" bank U liable for payment of the premium under the agreement reached with the county treasurer last, i January. on |
