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Show I! MAKES RULING ON AUTO FEES H Officers Must Turn Levy KH Into Treasury, Attorney f General Says SAL.T LAKE!, Jan. 20. That 1-H 1-H collected bv sheriffs .mil police offi- H cers for the inspection of automobile B under the new licensing law belonK B to the county or municipality In which HH employ the inspecting official may be. i8 the opinion of H HI '"luff .state, B attorney general, expressed lr. i lei-1 HH K-r answering an inqulrj made by M. I C Harris, county attorncj of Cache. I HQHi The ruling wiU apply to all fees col- I BH lected for inspection since the new B automobile las.- w. nt Into effect. April B 1 H-S' Replying to Mr. Crockett, who sun- QB milted the queries in the Harris let- I mS ; lev, nlong with other questions, to the ' attorney general, Mr. Cluff writes in mM3m "I noto the contents of the letter Bsfl from Mr Harris, mri In reply thereto Ka i Ion all fees finally collected by any I K9 county or city officer mu.st be by such j officer turned Into the county or city treasury The 25-cenl fee. which you , Mr 1 1 authorised refund t Inspectors, mWm If such inspector.-, arc county oi city officers, should he by such officers turned anto the county or cits treasury K ibis is .specifically ".a b the pro- mfm lslons of sections 2SG6 and Joi rK4 Compiled Daws ot Utah. 1017; also Ml sections -'575 and 1'583 of the same Hfifl compilation have to do with the same Miiestion. and the.e provisions of the HE9 law specifically require that these of- HS9 ilcers shall turn all fees collected by HS them Into the lieaaurv of the county Hfl or city, as the case may b Bu4 'The on nth-r ouesiioii, v. 1th lef- Bfl I erence to the appointment of lnspecr tors, to which 'you call my attention, has to do with the discretion you are authorized i exercise in such appoint-B9 appoint-B9 ments under the provisions of law. While it IS lrue llu law M':'"3 '"u a,' an lnsjieotoi- and ni:i ai. point . s d u-tics u-tics or agents the chief of police, the sheriff and deputies, counts clerk, HIV town clerk, or justice of the peace In fB in various counties, cities and towns fH of the state, and strict or technical wmM construction of this provision would. IwM perhaps, be to lire effect that you Mmw may not appoint Inspectors from any JB other class, yet I believe. If we taKe IfJ. into consideration the provisions of ohapter si Lawt o Utah, 1821 ISmw can very Consistently say that it was the intent Of the legislature to g!.? you discretionary power; and if, In your Judgment, some citizen other than the oftici ra above mentioned would serve you better as an inspot -tor In any particukii community, you may appoint such Itisen "The law. 1 believe, intended that these officers were to be appointed J wherever their services could be used j effectively, for the reason that the i I 1 paid to them would accumulate I I in the treasury of th county or city I J Hut If, in your judgment; It would be j I I more satisfactory to appoint li other Individual to act is " In pec- 1 tor, ami if. iy bo doing; better Ser If idee and more efficient Inspection can be had I would say you have t he right to use such discretion in matt- j Ing your appointments. At least, it j I, would seem that this w;us the intent lbs, of tlie legislature, and my advice to j ' - vou would be to follow this procedure . 3f unless prevented by some decree of j . r court |
