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The Development of County Government in the Territory of Utah, 1850-1896

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The Development of County Government in the Territory of Utah, 1850-1896 Brigham Young University BYU ScholarsArchive Theses and Dissertations 1956 The Development of County Government in the Territory of Utah, 1850-1896 James B. Allen Brigham Young University - Provo Follow this and additional works at: https://scholarsarchive.byu.edu/etd Part of the Mormon Studies Commons, and the Political History Commons BYU ScholarsArchive Citation Allen, James B., "The Development of County Government in the Territory of Utah, 1850-1896" (1956). Theses and Dissertations. 4463. https://scholarsarchive.byu.edu/etd/4463 This Thesis is brought to you for free and open access by BYU ScholarsArchive. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. ey 3 53 tf5tfx THE DEVELOPDBVELOPNTENT OF COUNTY GOVERgovermientgovernmentMIENT IN THE TERRITORY OF utajiUTAH 185018961850 1896 A thesis presented to the faculty of the department of history brijbrighom0ham young university provo utah in partial fulfillment of the requirements for the degree master of arts in history 206544 by james Bbe alienallen july 1956 PREFACE the writers interest in county government was first stimulated while taking a class in historical method at the utah state agricultural college while working on a paperpapec on county boundaries he foundsfound to his surprisesurprises that little or nothing had been done in the area of county governmentgovernments especially for the territorial period it was felt that because of utahs peculiar religious and political situation during the territorial period a significant study could and should be made of the patterns of local government in order to help provide a better overallover all picture of territorial administration much encouragement was given to the idea by members of the history department atartara the brigham young university it is earnestly hoped that this resultant thesis is a step toward better understanding of this most 1mdortantimportantmportant period in utahutahsIs history the writer is well aware that there are limitations to the scope of this work several areas merely touched on here could themselves be expanded into more significant studies the problem of county financesfinance for one could perhaps be a thesis in itself A more detailed historical development of the several offices outside the county court further study into the functions of the probate court as a court of law an analysis of the influence of the gentiles on county government in the urban areas and a comparison between county governments in the terri- torial and statehood periods are all fields which may warrant much illiiilii further consideration it is only hoped that this preliminary attempt to analyze the functions of county government in the territory of utah will strike a note of interest in other students and give them ideas for further study it was considered impossibleossiblepossible to study every utah county so the writer attempted to pick three counties which would give fair represent- ative samples of the kinds of problems encountered davis iron and utah counties were consequently selected for detailed study records of other counties howehowevervedaverjvera were spot checked in order to determine the validity of the patterns established and it was discovered that the problems which arose and methods used to solve them were similar to those discussed here extensive use was made of the journal of george woW beanbeansbeane not only did he hold several official county positions such as probate judge assessor and collector and county attorney but he was extremely active in the church of jesus christ of latter day saints and held several important offices including that of bishop he therefore typifies the average mormon attitude toward both county and church affairs A special word of grateful appreciation is expressed to the following people dredrodr richard D poll chairman of the brigham young university history department for his sincere interest in this project his continued help in suggesting sources and new areas of investigation and his most helpful direction in the entire andertundertundertakingngi drdredrw russellr rich brigham young university division of religion for his helpful suggestions and interest dr everett L cooleygooley archivist at the utah state historical society for his willingness to open his files to me and his helpful direction on sources my wife rene for her patience iv during these difficult two years of trying to earn a living and write a thesis at the same time and for her work as typisttypists james beB lilenalienallenkilenklien v TABLE OF CONTENTS page PREFACE iii LIST OPOFTABLES viii LIST OF CHARTS ix LIST OF appendixes e 9 9 x chapter I1 TO POTPUT IT IN ITS PUCEPLACE 0 1 II11 IN THE BEGINNING 9 iliIII111 EVOUTIONEVOLUTION 19 the court and its duties selectmen county government begins the county and the territory newnow powers and restrictions A slight change of character the law of 1888 IV PROBLEMS OF THE COUNTY COURT 40 the position of the court millsmille timber and water road building livestock stray animals public building projects criminal expenses liquor control other businesses public health and welfare educational problems V COUNTY FINANCE 92 territorial taxation policy the assessor and collector the county treasurer school revenue vi chapter page county board of equalization income and expenditures VI A PECULIAR SITUATIONSITUATIOM vlievilVII ON THE SIDELINES 140 the county clerk county recorder justice of the peace coroner sheriff constable poundkeeper prosecuting attorney county school officials county health officers judges of election county surveyor county road commissioner fence viewers fish and game cocommissionerasioner bee inspector VIII THE CHURCH aydAKDAND COUNTY government 166 appendixes a 185 SELECTED bibliography 226 vii LIST OF tkTABLEST S tabletebie page 1 utah county income for selected periods 0 112 2 iron county income for selected periods 0 113 3 davisdavis county income for selected periods 113 4 major expenditures 1869 9 9 114 5 total expenditures 1874 9 9 9 115 6 utah county financial report may 31 1880 0 0 0 116 7 iron county financial report may 31 1880 0 0 118 8 davis county financial report may 31 1880 0 0 0 0 0 0 0 0 119 viii LIST OF CHARTS chart page 1 county vermentgovernmentGo 1854166418640 0 0 0 it 0 0 0 lo10 0 0 0 1 IV 164 2 county government 1890 10 0 0 0 0 0 0 0 0 0 0 0 0 165 ix LIST OF appendixes appendix page A an act in relation to the judiciary february 4 1852 185 boB an act creating the office of selectmen and prescribing their duties also the duties of the county courts january 8 1866 190 C an act Supplesupplementalsupplementarsupplementarymentary to an act entitled an act creating the office of selectmen and prescribing their duties also the duties of county cocourtsartsurts february 18 1878 193 Dde an act to establish a uniform system of county governments march 8 1888 0 0 0 0 0 0 0 0 0 0 0 0 0 0 195 E an act defining the duties of county officers march 8 1888 209 F selections from the poland law june 23 1874 216 G selections from the edmunds law march 22 1882 220 H selections from the edmunds tucker lawmarchLaw March 3 1887 222 I1 presidential appointment of a probate judge 9 e e 224 J rules of the county court of iron county utah territory dedecembereembamber 2 0 1818898 9 0 0 0 0 0 4 0 0 16 0 0 6.6 10 0 0 0.0 0 0 0 4 225 zX CHAPTERCEJLPTER I1 TO PUT IT INIM ITS placePLORPIACE A modeamodem student of history and govegovernmentent climbs aboard a 200 mile an hour airplane and takes off for a trip across the united states As he looks down upon the quilted landlandscapesoape his mind unconsciously repro- duces a map with the boundaries of the forty eight states boldly defined and his daydaydreamsdreams take0 hlahiahim into the problems and complexities of state governgovernmentsmentementomonto our federal system he reflects is uniquequequo in that a large share of essential sovereignty is retained by state organizationorganisationsorganizationsorganizationsese the constitution in fact guarantees that every state shall11 have a republi- can foraforeform of govergovernmentent and the tenth jbomendaentaxnmena nt olaresdeclaresdo that powers not delegated to the united states by the constitution nor prohibited by it to the states are reserved to the states suddenly however the patchwork below forces a new pattern into his mental mapemapo dimly at first and then in bold relief newnow linesalinesplines whishwbiohwhiohhe recorecognizeszoo as county boundaries implant themselves into his consciousness and a nesnosnewnow thought strikes him0 whatwhak has been the signifi- cance of county organizations in the history of local gogovernmentverment in the united stalest what degree of authority have state and territorial legislatures of the past given to these smaller units of govemaenttgovernment how has the county system affected the settlement and growth of newnow areas of ooloniiationcolonizationtcolonizations certainly he observes the county oustmustmusk hold some significance in the lives of the people for there are 3050 of thenthem 1 2 in the united statedslatedskated and from where he sits he isie looking down on a newnow county every eight minutes each one averaging about six hundred miles in areadarea2 the studentsstudentsdenta reflections take him quickly into the field of county government and its origin in the united states but he determines that a more detailed analysis
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