The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-06-14
OGDEN.
TUESDAY,
June II. 1922.
A DECISION MADE.
Auditor Pratt to Pay Over the
Appropriation
cation-A Son of John Patterson Nearly
Killed by a Buil-Other News.

The most important case in the Founth
district court was that of w. S. Mccormick
ct al. astrustees, etc, VS.. Arthur Pratt.
ct al. Some time ago the plaintiffs in the
action brought suit 10 compel Auditor
Pratt to pay to them the So, 900 appropri-
ated by the territorial legislature for the
building and completion of the agricultural
college at Logan.
The main question in this case is whether
the members of the board Of construction
Of the agricultural college OF this territory
as named in the appropriation act are OH
GERS.
IAN Office is a special trust or charge
created by competent authority Kent
gives this definition: "Ofiices consist In
right and a corresponding duty to exercise
public or private trust and TO take the
emoluments belonging to it." The duties
Of the Office must be of public or private
nature and should interest or affect the
pubic right or interest of the state-and
where the employment is by the state and
duties are pubic or private, the position is
an Office.
II not merely honorary, certain duties
VIII be connected with it, the performance
Of vhica will be the consideration for It's
beng conferred upon a particular individ-
ual. VINO for tie time will be an officer.
Tie officer is distinguished from the
employee IN the greater Importance,
dignity, responsibility ana independence OF
his position; IN being required 10 tako an
official oath and give an Official bond; III
the liability to be called 10 account As q
public officer for mis-foasance or non
feasance IN Office, and often in The tenure
OF the position.
Section 1888 Requires all officers 10 take
an oath and file TIE required pond under
penalty.
The legislature in creating this board of
construction must have intended to create
the Office with reterense to the above act,
as 1t imposes upon each member Of such
board the duty of giving bond in the sum
of S25, 900 TO be approved By the territorial
auditor and 10 qualify by taking the
official oath on entering upon their duties.
Each member is TO receive $500 for his
services TO be paid upon the completion OF
the building: warrants for the $65, 600 ap-
propriated are to be drawn by the auditor
of public accounts upon the order of the
chairman OF the board.
If any doubt could arise as to what the
intention of the legislature was IL creating
the board and whether in doing so it in
tended TO create an Office, such doubt is
dispelled when we read from the act itself
''that each member of such boark shall
quality BIZ taking The official oath before
entering upon their duties"
To require the board TO qualify and take
the Official oath is TO Tx the official status of
the board; il is TO require them to take the
official oath pertaining to the Office thus
created which they hold or are about 10
hold and 10 which they are appointed |
That is, that they will perform the duties |
OF the Office to which they have been ap-
pointed TO the best Of their ability and sup
port the constitution of the United States !
ITO oualify'' is a term used in legally |
assuming the duties of an Office. ITO take
the official OATH is a term that implies an
Office exists which is TO be filed by the
person taking the oath. II is plain that the
duties OF this board are not merely honor
sry. A great public trust and duty is i'm
posed upon it. They are to plan, negotiate
and expend the sum of 5000 for build 1
ing and constructing the agricultural col
iece OF this territory-they do this n their |
official capacity as board Of construction !
The case of the people VS.. Nichols 50 n /
Y. AIS and People VS.. State % Ill. &c., are
readily distinguishable from the case at
bar in many respects. The dissenting
opinion of Justice Lawrence in the last |
named case is supported by the great
weight OF authority Of this country.
Section Z of the organic act conferred /
the power OF authority Of the appointment /
Of such officers in the governor, by and !
with the consent of the legislative asssm- |
bly,.
The object OF this section of the organic |
act, as held by Mr.. Justice Lawrence in a |
similar case, must have been to guard the /
purity OF the Legislature, by taking from it |
the power of creating lucrative or import /
ant places and bestowing them on personal |
or party adherents.
And the provisions of the act should be |
80 construed as to effectuste this purpose
For these and other reasons and without !
entering into q more critical examination
Of this question / must hold that defend /
ants demurrer TO plaintiffs petition and
writ OF mandate is overruied and defend
ants demurrer to petition of Intervention
OF George Thatcher ct al. Is sustained !
Permission granted defendant to answer
over in three days and in default plaintiffs
writ Of mandate is granted as prayed
Payment to be made by quarter yearly in
stallments Es provided in c. L. 1855, D. 253, |
sec. &C. IS prayed. (lhirty-three authori-
ties are here cited).