Show COUNTY COURT tramway inspected and pronounced very satisfactory alio county court met yesterday in regular weekly cession all members present and transacted a large amount of business A J chamberlain and twenty beven others petitioned tor tho opening road in section 6 township 6 north range 23 west to Swen shurtliff tho opinion of judge miner in the caso of G sheriff vs weber county in which alio sheriff asked compensation pensa tion for extra work done was presented by the county attorney and placed on file the principal questions of interest involved in the opinion arc as follows this action is brought by the sheriff of weber county for certain services lie claims he was required by law to perform aa guard and assistant jailor for services of matron for county jail in providing lor and attending to female prisoners lor services in preventing public lanct and in watching and against laws and searching for stolen property it is alleged in the complaint that the county court agreed to pay 1000 for all such services per year and that this contract was made to commence and authorized the compensation to commence in october 1889 that payment was made under the contract up to that since that time plaintiff has kept no account of his ices etc bat cladma due him under the contract the contract is not set up in pleadings but a copy of a resolution of the county court is handed to the court a contract which provides that the sheriff shall be paid 1000 per year commencing october 1889 to include services as jailor the shen lils charged by law with the duty of caring for and keeping alt parliee committed his charge tie is the legal jailor of the county jail and bound to keep and provide for the inmates for which he should be allowed a reasonable compensation by the county court he cannot recover from the county for serviced ser vicea as assistant jailor or guard to the jail if a guard is required the probate judge anu sheriff must employ such officer and pay him out of the county funds such guard is an independent person alie sheriff cannot receive pay for such services as guard he cannot receive compensation in a double capacity the law requires him to act as jailor and he must nil that position by virtue of his office the contract is between the county and the person who renders the service as guard the sheriff does not claim ho has paid for these serviced ser vicea but claims the pay for his own services acting in those positions these he cannot recover providing a female attendant to attend to female patients or inmates comes under the same rule it is not alleged that adv payments have been made by the plaintiff for such services the claims for services in preventing violation of the law cannot be maintained section 2113 provides that a game and fish commissioner may be appointed by the county court and his compensation fixed by that court there is no allegation of employment ander this act as game commissioner no bond given or oath taken as required is alleged in the complaint nor does it appear that plaintiff liaa abed under such officer oras a such game commissioner neither has any account been itemized and presented under section the county court cannot allow any claim against ite county unless the same is itemized giving names dates and particular services rendered the character of process served and upon whom the distance traveled when and where the character of work done and the number of days engaged all the bittins of expenditure buet be given this has not been done and alie court bad no right to pass upon the account and allow it unless this was done the court had no power to the resolution or make the contract set up in the plaintiffs complaint and for the county court to pay therill without s provided in section would be in violation of law in making this findings I 1 do not finran to be understood that the sheriff should not be paid by the county court for all er vices rendered by him where no com ts provided by law the no doubt Is often called upon to kendir aeh services for which he may claim compensation services for which no pro fission is directly biado by law and the bounty court has alio power to direct such services to be performed by lie sheriff and compensation be allowed him but the claim should be presented in an ite form and when it ie presented ahe court has power to pass upon it the aino as aliat liat of any other claim against he county tho counte court is the adge in these matters when the claim is properly iro perly presented to it an appropriation of for the tramway pay roll from february 4 to february 18 tho county court went out in a bod and inspected the work of tho tramway engine and rewell wc pleased with the operations an appropriation of was made to shurtliff for the of haupers paupers pau pers the claim of john W of or services in criminal basea was re ducca to 21 upon the recommendation of the attorney and allowed A number of other bills were allowed and routine business transacted and tho court adjourned one week |