OCR Interpretation

Eastern Utah advocate. (Price, Utah) 1895-1915, January 23, 1913, Image 1

Image and text provided by University of Utah, Marriott Library

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn86091022/1913-01-23/ed-1/seq-1/

What is OCR?

Thumbnail for

I EastenrUtaii dvopato:1 I
tH VEMt. 1',f 1'HICK, UTAH, THUIUJDAYi iAfc, at, 10M f f NUMHKH 3. H
H i .
I Deplorable Condition In
lirbon County Finan
1 cial Affairs.
Warrants Likely
Bcess of Fifty
IBn ct C C McWhlnnoy,
jBncy, published In tills
PKo Advocate, shown a
SjHibla condition existing
Sflit time, and nlso shows
BBu; tlmo past tlio affaire
Hinty hao boon handled
Hd Incompotont manner,
Bftamont, wo fancy, will
xHAr tlio citizen and tnx.-
ijK county an a mont char-
Htorlzatlon la vlow of
Halod by County Clark
Hgflfeounty Trciuuror Cody,
BHfi tho opinion ot tlio
lSBlt to undorstnnd how
ffiKy during n reign ot
ljH and tranquility, whun
HjKtUtt? T1ilfBltcrtl'oriSr
lHturv such us counties
vSBkur In dealing with
""flBfcphc or plagues should
MJfiBk Into bnnkpiptcy tin
"tptspjl) discovery U made
Wfl Hull) uviry bank and
15Be, ii'iil Ir-iumeruble
BTjeadi d d a i will oun
riBBTSid otliur evidences of
3P3cn, liul1 olil mid
on the people who )mo contracted
with tho county officials, und who
lmvo assumed Hint tho law wm bo
Ing respected, should bo remedied
to tho oxtont thnt tho bonds ot the
responsible parties may bo sufficient
for tho purpose.
It Is probablo that no end of lit I
gntlon will follow tlieao dlscovorlcs,
ns It is not ufbo expected that Ha
Innocent holder ot county warrants
ordored Issued by the commlaslon
ors, and certltlod by tho clerk, will
wnlvo all effort to rocoup tholr
Iomcs, which are manifestly duo to
nn entlro disregard ot tho constitu
tion ot tho stale on tho part ot tho
officers who havo ma do tho flota
tion o? such worthless paper possible
MiKlniMin Warrants Void.
It appear that tho great hulla
bnlloo excited by tho frantic zoal of
the outgoing county coutmUtlonon
int tho tlmo of their employment of
(Hi In tho Indictment ot County
Clerk Jones, did not effectively pac
, lf the taxpu)lng publlr, who worn,
perhiiis, vxpiottHl to believe that
with it substantial shortage saddled
onto Jones and Hnder that It would
rest content, und not look behind
tho scenes for other uctont than
Jonea and Bn)dor. Jones was suc
ceeded by Clerk McKlnnon of Whit-
m3Btbt of Carbon County totals $70,000 00
..n3n(N.S.N(llson) ' 20,000.00 1
-gvarrants about 40,000.00 1
fffffced by constitution exceed b about 40,000 00
aSrs of county paper defrauded, about 40,000.00 1
l!Dtfpn and warrant holders, court officers and citizens
1 HS for thought in the above fhjuers.
rutsjjjlooutablo, while tho
Vtffecttons borno by tho
A'LBsSt rocont yours have
9n S!Sm or dlvortod Into lm
t dirljgrhnps unlawful than-
BR that numorous funds
fflsmtod without any local
WS?, therefor, tu that tho
fflRhlch tho law contom-
fS5ff bo given to tho first
1-JjKBirranta havo been dl-
Wnd tho funds which
S5$b.on paid In tho re-
fflt1, such wnrranU havo
)J5-to all BorU of purposos
JSStatud by law. A thor-
Btjatlon should ba niado,
S5lw rosponslblo for thta
Jjpind tholr bondsman,
MWn'PUy tallod upon to
i&ftho losses sustained by
y JjSBchaBore of those float-
Kit, It uucli romody can
BtS Intention ot tho train
el tjSanstltutlon primarily to
rSJtajcpayorn of tlio coun
el (kpMho Incurring of nn un
twjiml bondod or othorwlso,
SRtnBtltutlon accordingly,
H'lUrtglimlUtlon bojond which
i yttUTOH of money, and in
1 eftil ""ligations, of whuUo
j uff wo absolutely void bo
MJ:!St recourse against 'tho
vt SffSwicorned However, tho
. JgS this vicious wrong up
vt K
moro's pawnshop, and McKlnnon
nuallflod on such clork with "Tobo"
Whltmoro, Jao Uarbogllo and A. W.
Ilorsloy ns Burotleo on JiU twelve
thousand dollar bond, conditioned
for his faithful performance ot tho
dutlos ot clerk. It appoara that
pructlcally ovory warrnnt Issued by
McKlnnon Is void undor tho opin
ion ot County Attorney McWliInncy.
So, tho sureties of McKlnnon will
doubtless bo called upon by tho
Irato holdors of warrants cortltlud
by him to bo In tho dobt limit
but which In fact wero wot to
mako good their Iobbob
For Bale Ico house and tuiwduBt
or will rent It Apply Klltu Ilnr
Urooka-Hepplor Furniture com
pany, located In tho Ivorson double
storu building on North Eighth
street, la this week opon nnd roady
for business with n partial line of
goods tho firm will carry. Now line
are coining In ovory day nnd by the
end of tho wcok their Immense
Mock will be completo, ombraclng
everything In tho lino ot furnlturo,
ran Kb", household and kitchen
to oil s 1h0 nnnouncomont ot tho
firm appears olsowhoro In thlB Im
pression of Tho Advocate Kach
member Is u practical man in IiIb
Our ale contlnueu until Wodnoa
dny, January 29th, whon wo close
out ovorythlng Soasonablo mor
shandlse nt cost and many article
bolow coat. KrnnkB' Btoro, Kast
Main stroot. Advt.
ritiDAV, .iav. si, mm. H
County Attorney McWhinney
Renders Opinion.
1 jO
l'lllCK, Utah, Jan. 33, 1013 C
A. IMoraon, lq , County Clerk, C
II Cody, Ksa , Count) Treasurer,
Carbon County, Utah, l'rlco, Utah
Uontlemen I have before me
memoradum of jour dUcovor) that
tho outMnndlng obligations ot tnr
bon county conntit of seventy Mimi
and dollars In bondo, anl 150,118.10
In notes and rcglstortu wwrrua ?,
without giving conildcmtlou to war
rants unrcglstorcd, tho nmount ot
which you havo so far been unnblo
to dctcnnlnc, nnd In .compliance
with your routicst for an opinion ns
to whether you have fi" legal right
to Iwiuo and certify warrants cor
crlng appropriations fecntly nindo
by CommlMlonorM Sharp, llnmllton
and llnndolph, 1 beg to call your in
tendon to Uiu following provision
ot tho Constitution of tho Btnto or
Article XIV, See 3 - tl)e)it of
Counties, Cities, Ktc., Not to Exceed
Itcvtmue Kxcoptlon ) No debt tin
rxc of tho taxcfl for tho current
year shall bo created by any county
oi subdivision thereof, or by any
iwhool dUtrlot tin rein, or by any
city, town or village, or any sub
division thorcof In this Mate, unless
tho proposition to creaUi nuch dobt
shall havo boon submitted to a voto
of such qualified olectorn as shall
hate paid a property tax therein, In
tho. year nrocjuliiK ftuoh election.
Wl?Hrrift!lljiUr vottu
thereon shall havo voted Jn favor ot
Incurring such debt
Sec 1 When authorized to rre
a to UiduhlodnettH ns provided in rice
3 of this article, no com j hll
becomo Indobtod to an amount, Ja
eludtng oxlstlng IndobUiUuvMi ox
reeding 2 per centum. No city,
town, school district or othor munic
ipal corporation, shall becomo In
IdobtMl to nn amount, Including x
j luting IndebtidnuM, oxo4Mtliig 4 per
centum of the value of the taxHble
property therein, the vhIuo to b
ascertained b)' tho last amimnmonl
for sUUe iuuI count) purposes, pre
vious to tho Incurring of such In
debtedness, except that In Incorpor
ated oltlwt tho OHseMHUient niiall on
taken from the Inst atwotwmitnt for
clt) purposes, proldol, thai no
part ot the Indebtedness allowed in
this Hictlou shall bo Incur rid for
other than ntrlctly county, olty, town
or ttcliool district jmrposun, prcoiuiHl.
I further, that any elty of the first I
and second-chin when authorized im
provided In See. 3 of this nrtlelo,
may be ullotvod to Incur u larger
ludobtodnetw, not to oxwmhI 4 per
icontuni and any city of tho third
elaos, or town, not to exceed 8 pur
contum uddltlonal, tor supplying
hucIi clt) or town with water, aril
! f Iclal UbhU or sowent, when the
works for supplying such wuter,
llfcht nnd Hewers, shall Ih ownel
1 nnd controlled by tho munlclpallt)
If, ub you Btate, tho oash In
tho sinking fund for tho pa) mont
ot Intoroat und redemption of bonds
npproxlmato but J 12,5(10, tho net
bonded obligation of tho county is
approximately G7,r.OO Directing
your attention to tho two conmltu
tlonal provUlona abovo tiled It
will bo observed that any unbonded
Indobtod ot Carbon county in oxcoaa
of tho taxes for tho curront )our Is
absolutely void, and It follow that
any warrants tmiued evidencing iui)
obligations In exceus of the taxes
of tho county for tho curront )ar
ulll llknulM tin void.
Tho limit of taxation provided by I
law for county purposes Is flvu
mills Tho total asyoauod valuation
of tho property of tho county Is
slightly less than IMOO.OOO, tho
actual figured for tho year 1012 bo
log H,977,!b4, an Toturned from
tho official records compiled undor
tho export direction of Auditor Kd
munds Assuming that all of the
taxes levied spon this valuation nro
collected, tfco revenues from taxa
tion, under tho application, of tho
maximum rnto, would amount to
loeia than twonty-flvo thousand dol
lars, avd any Indebtedness not
bondod which might bo In oxcotts of
ot uc) approximate sum would bo
absolutely void.
From tho figures you have fur
nished mo It Is apparent that there
.iro now outstanding obligations of
rut loaut thirty-two thousand dollars
in oxceWiCrt tho nmount tho consti
tution otjtlc stalo permits tio coun
ty to lawfully nnnume Tliwo obll
pulona nrJnpparontl avldenml by
warrnntiflmOKoilnble In ehanic r li
i ho h'nnds ot tho gnrnl publl
i.i, abcy wauuwth so ishuku
is Kx'yBsa of tiik iikiit limit
I aiHIlorcfore, compellwl to id
Wso tHaqtwiy wnrrnnts certified by
tho coutitt clirk which an In exeiM
or tho'Vlsibt limit will tv void, ind
In All pY(bsbllliy mako liable the
county cJirk and hU Imndtun n to
thn oxlthnt any Innocent pur
chnser bctfiri wsrrnnts may b de
fmudcdgjKOid, I havo nlso to nd
vlso thtfnlnty treasurer thnt any
void yArrnnU so caMkhI by him
wouldAS2tVoAtltuto a legal redlt,
nnd sTtbo treasurer nnd his
bondBninr?wodtd bo legall) compcll
ml toITCfniljCrfo tho treasury for nil
such MnoH expended in tho re
demption of'vold paper
TJicUw governing this iiuestlon
Is so plain, and tho decisions ot the
courU in', construing tho constitu
tional provisions nsuvo referred to
nro fcoclrtVr. Uint I mil appalled at
tho dUrt&rry intue by tho count)
clprUi4yuftfy4troaiiuror, evldenc
daMrttTMRAfrjnUotoou havasub
mlltotl AndAl am"arb7minifrha5
tho count) commissioners who nro
ehnrgid with full cognlzanco of the
condition of tho uiuut), whose
funds they have to manage, Mhould,
without making Inquiry or acquiring
an intelligent undemtnndlnc ot the
situation, continue to pass appro
priations when the most cuntory
examination should and would havo
rovtaled to tliem the uciirnl eondl
tlou of the county cnxllt In the
ewe or Frltsoh vs County Commis
sioners (47 rue. 1020), Chief Jus
tice Kane, writing tho opinion of
ilie lourt construing the provisions
of the constitution above iltod,
VcHw languuKo of Met 3, Art U,
otlst, that 'no debt, in oxcwm of
the Uxos ot the current )ear, shutl
be crmtod.' utnnot be hold to mean
that Iho county may expend the in
tlro levouuo ot fiu yoar, und in ad
ditloi thereto create Indebtedness
ixiua to the tax luvy ot tho )eur
A dibl cannot be Incurred In one
)oar and flouted over to the next,
nnd p.Uil out of IU revenue, with
out u voto The lndebtedneM of
I the year must be paid out ot Its
If official or other service uru
not paid for us they aro rendered,
or joodu and chattols aro not paid
for u. delivery, a 'debt Is created,
lu tie senso In which tho term Is
used in tio section mentioned,
though thoro may bo money in tho
I treaiury to pay It.
I Vhe language of thu coiwtltu-
tlonal provision, 'no debt In excess
ot tho tnxoa for tho current year
shall bo created' (Article 14, Sec.
3), moans all dobU which cannot bo
paid out of tho revenues of tho
)eur. lu determining whon the lim
it Is roachod, liabilities imposed by
tho law should bo taken into con
alderatlon, art well an thoso created.
I by contract
"Tho county will not bo ostopptd
to deny that any county warrant Is
bo)oml tho debt limit, though tho
claim for which It wus Issued was
duly audited, und the warrant was
duly Issued by the uudltor, and cor
Uled to bo within the dobt limit.
AH persons receive narrunU which
I may bo above the debt limit at
tholr peril
' County warrants or county
bonds Usued without authority ot
law aro not valid In tho hands of
persons receiving thorn, or to whom
they may have boon aligned Such
persons, In n legal boilh, cinnot be
Innocont holders."
Tho abovo decision wus rtmdorod
on Marti J, 1807, approximately
flfteon yoars uto, and tho clearness
with which tho plain provisions ot
tho constitution aro therein ex
pounded luakoa ft oven moro ineom
prehonalblo to mo that any ituch
conditions an your statomeut indi
cated should now exist in Carlton I
county j
Tha minimum extent of void oojl
Knttons Indicated by our Htntoment
Is lu tho neighborhood of $33,000,
but when it In considered thnt )ou
havo not as )ot had time to oncer
Jain tho oxtont of outstanding un
registered county warrants, or the
extent ot othor incurred obligations, ,
not evidenced by wnrrinU, it Is I
probable that tho debt limit ot the
county has been exceeded iii.m
thousand of dollar lu oxcitwt of
what Is clenrl) Indicated by your
twcertAluments so far tur.do
It tho count) eommlsstoners
should, In the face of thin opinion,
Insist upon any further certification
ot warrants or other obligations, it
wilt bo your manifest duty under
tho law to refuse to obey such or
der, and in this connection, 1 also
hnvo tho tennrlty to advise you
that neither )ou nor )our bondsmen I
can escape liability by assuming n j
Justification predicated upon the nd
vice ot outside counsel whom the
county commissioners may presume
to employ for tho purpose of coerc
ing such certification
Your bonds nro conditioned for
the dbmhnrgo ot your duties as
liny may bo defined b) law, and
auy act ot yours violative of the
constitutional provisions rolallvo to
tho certification ot obligation con
travening tha constitution, will give
rise to llnbUlt) on tho part ot your
rospictlvo bondsmen, and tho coun
ty commissioner and tholr bonds
men would lu my Judgment bo hold
equally liable for foisting upon tho
public unauthorized und worthiest
wnrranU in excess of the debt lim
it !All county officers having deal
ing, with tho public funds are pre
sumed to bo sufficiently Intulllgont
ttr nCpitnjniN,lRiowtUflL.lao(tstair,
u at tliTbTirntrirar-TjrTjft,!
y, and Jghornuco ou tho nubject
v, uld not bo coBsldwd any defease
In iui action upon their bonds iom
; time ngo nt nn oxpenso approxima
ting twenty-five hundred dollars nn
expert accountant .wo employed b)
the prwlttcoHBoni of the present
b(Mrd of count) lommbMlouen), who
eouduotwl an elaborate examination
of the affairs of the oount) treas
urr, county clerk and county eom
wldotiers, which report has over
iluco been ou tile lu the office ot
the touut) clerk, and accessible to
i ull the rount) officers fcr their In
mtettlou and guldnuee This report
on page five shows tlmt on July 31,
101 1, the llabUlttea ot tho county
approximated $10S,0(in IS, whllo tlio
dsbt limit, even though bonded,
would bo limited to IQ0.&I3OK, no
thnt as of July 31, 1012, as Indi
cated by tho ropnrt of Auditor 1M
uiuuds, there wore outstanding 10,
423 07 ot absolutely void obll
gatlons, but whon tho fact is con
sidered that but $67,500 of the lia
bilities above shown worn bondod,
It will bo seen that of July 31,
1012, there wore actually outstand
ing approximately twentj-flvo thous
and dollars of void obligations It
Is amazing that with this informa
tion before the present board ot
county ommlMlonors nnd lis pro
(looiwsors that since July 31, 1012,
additional obligations approxima
ting twonty thousand dollars in x
cobs of current revenue should
havo boon incurred
Thu prosont board ot county torn
muislononi have scon tit to disre
gard tho opinion of the county ut-
lornoy's office on various matters,
and havo apparently been guided
'by tho ndvlco of prlvnto counsol,
but I fool that tho duties of my of
fice, and my obligation to tho tox
pa)ors, fully warrant me in inslnt
I Ing that you present this opinion lo
the board of county commissioners
at their next session, and that you
mako proper mlnuto record of tho
1 am uwuro that you will yet re
quire a lonstdorable tlmo to uncer
tain In dotall tho full oxtont of void
obllhatlona Incurred by the county,
but with a view of aHslstlng you
lutnr lu determining which of tho
various warrants and othor obliga
tions are void, and which are not
void, I beg leave to suggest that
you procood a& expeditiously as pos
sible In ascertaining tho full oxtont
of outstanding unregistered war
lants, with the. dates on which the
obligations coverod by such war
rants wore respectively Incurred.
This information will bo essential
for your future guidance, nnd for
tho protection ot tho holders ot
bona tula warrants, and as well for
thu protection of tho treasurer, who
might othorwlso bo misguided and
disburse funds in tho redemption of !
warrants legally void I shall bo j
vor) glad to lend )ou all poanlblo H
co-operation In nn endeavor to
straighten iheno mutters out, and JJ
1 trust that )ou nnd I may In tha iH
futuro rocetvn tho co-operation of jH
the board of count) commlMdonera iH
In obtaining nuch reault H
Further answorlng )onr vorbal 'H
Inqulr) n to the disposition of
warrants now an hand nnd uncalled
for, cither nllowel by tho prooant jH
bosril of count) commbwloners or IH
by lis predecessors, I would most t
earnestly Jvm )ou to Under no JfH
elieumstancea deliver nny such war- Mfl
an until thu Ugnllly of IU Insuo In ftl
full) determined This applies to flH
salary WnrranU nnd wnrranta ot ifil
every other dwmritdlon Youra l
trul), C U M'WIUNNKY, jl
County Attorney. il
Oount) Clerk I'lrnxiu llclliir tlio il
Clurk or Man VhiihiI I'llo-. jH
esterdn) n serious altercation, JH
almost resulting In ono blow, Ml
occurrcl at thn county court house. iH
whon n local attorney named I'rlco , ,
(having no connection with tho lllH
town, but ns to other connections H
deponent salth not), sought to per-
suado Clork I'lcrson that It wan his k-l
' duty to accept chicks in payment Ml
for fot Tho check in question
wus signed by I'rlco Clork l'ler- . jH
son, who Insisted that lie had jf
heard of othor checks Usued by, fH
Price, unoqitlvocnlly decllnwl to H
tnko tho same In lieu of cash , . "M
gjisrTAatt.oTcAAiUa4lUca . " -itH
cepted, amrjirori'oTod'ib iHuraiaHHHjWlcH ." '''iB
endorsement of various local "bull iVI
moochor,' but I'lcrson waa obdnr-
ate, and dccllnd to fllo Uie papers J
or receive the check I'rlco left tor
Salt Lake City last evimtng and U
expeated to return with writs of iH
mandamus, certiorari, prohibition il
nnd other oiiltable remedies to
compel tho clerk to accept his paper
without any oudorsement whntso- fl
over H
The check was drawn on 'Tube" H
Wliltmoro's pawnshop ,jH
Meelliigs I'or Sovtti -kN, Ik'gUi- H
ulng On I'lbnuir) f f t Is. i'al
-i - 'jl
Annual stake tonftrencen of tho "fH
Mutual Improvement assoclntlonM of H
tho Mormon church will lit gin Hun- iH
day, February 0th, and continue for rl
soven weeks The dates have been H
ducldixl uiKiu by tho general boards H
of the Young Men's nnd Young La- H
dies' Mutual Improvement assocla- Jtrl
tlons nnd have been approved by rfll
tho first prosldemy ot tho thurch I M
Oonoral work ot tho assocln'tlona, 'il
plana for spring and summer work " H
will bo discussed at tho conventions. Ol
Iho young men will take up tho M
boy scout movement Music will bo H
an Important part of the programs NH
nt nil thu conferences Datvn of H
tho conferences fallow B
February 9th Yellowstone, Al- .B
borta, Wayne, San Juan, Young HB
February ICth Fremont Cassia. f'AVJ
St Johns, Weber, North Wober, Og- !
den, North Davis. Hlgby BBI
Fobruory 23d l'angultch, Snow- VjVj
flake, KubIkii, South Sanietv, linn- HBi
nock, Umory, I'loneor, Liberty, Hy- JHBVJ
rum, Uucheane, Malad, I'arowan IflBj
March 0th- aeorso. Illg Horn, flBj
lllacktoot, Rummlt, Millard, Carbon, )
Juab, IlUibham, San Luis, Salt Lako, BVJ
Nobo, Taylor 9BV
March ICth - Kanab, Onolda, To-
ton, Untou, Ilonson, Cache, Oranlte, (
Star Valley, South Davis, Tooele, flVJ
Ilox Kldor, Ueaeret, I'ocatollo, i)VBi
March 23d SI Josoph, Maricopa, VVJ
Sesatch, Ileavur, Jordan, Alpine, U
Utah, Morgan, Woodruff, Hoar Lako, J
oi'i:hation oi I'Aitrni, VJl
WASIUNQTON, I) C , Jan 18. f'sfl
Tho postotftoe department reports H
that la tho flrtit.sovon dn) tho par- iH
eel post sygtom was in oporatlon fH
4874 paekakes wero mailed at Bolt lH
Uilce Olty, 1S00 nt Ogdou, HO at .H
Logan and 357 at 1'rovo, ii

xml | txt