Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-06-14
,epruLrURAL COLLEGE
IND CASE.


rollowlng is the full tA' o. 'u0 S
I'", Judge Miner in the case OF W.
s'I M Il vs.. Arthur Pratt WIN
: neu Me- NJ which our readers ARE
ns pI ,olerably familiar. TWAS Ten
l i.,'s 10 ogden yesterday mornings
I'M. District court wlihin and ior
~ W. Judicial district Of the Ter
ihe ; W ~ ii,sh. county Of Weber
fl.l NrCitnick II AL, eb trustee,
~" iaintla, W.. Arthur Pratt nud !.
tiep p,'in defsndants.-rhu main
iof lin this case is whether ne
qltsV,yHr', al the board VI construction
msni.oA Agricultural College ui this
o. , su "a named In the appropriation
m are officers. ,.,,.,.,.rcherc,
lated by competent aulnVto,y,
mi gives this definition "Olll ~
nn.es'.t in right aud coifesp'hiin.b
20 10 exotclse private VI pdpn'
..3 and 10 take tho emolumonls nr-
WI ..irc toit.D rhe duties VI the once
En.b he Of a public VI private nature
NJ sbo1il inr.r.s. and affect TIE pun
sl, ,i,ht ar interest OF the State--Aui
10 inc employ mcut 10 by the state
vi Inc duties are public Of private
N, POSITION II an ONCE ,,..
not merely honorary, certain du'
.,.will he connected with Il, tue per
,a,msnee VI which will be- the con-
.sisration Of its being conferred upon
,aftlcular individual, who Tor tlt
M, will he an officer.
rbe officer IN distinguished frIm the
..',iove in this greater Importance
SIsuity. responsibility snd independ
spee Of hls position; IA being required
lake an official oath nnd give an
,6lclal bond, In the liability To be
allied TO account ~ n public officer Tor
rI,ieasance Or non.feasance la ullce,
md often In the tenure VI the posi-
Nee. I5os r. quirss all officers TO take
an oalh aud mo tho inquired bond un-
Der penalty. A..
me Legislature In creating thi-
hard of construction must nave III
tended 10 create the Office with r.
t,fenee to the above act, ~ II I'M
to.e. upon each member VI such board
ibe duty OF giving y bond In the snm
a 5000 TO be approved by tbs Terri
t,,lal auditor anu TO qualify by taking
The official oath ON entering upon their
dutlt., Each member ~ to receive
$500 three hundred dollars Tor hif
services, 10 be paid upon the compile
tlan Of the building; warrants Tor tue
ksj 900 Appropriated arc TO be drawn
ly the auditor OF public accounts upon
lbe order OF the chairman OF the
toaft.
Iiany doub, could arise as 10 what
lhe intention Of the legislature was IN
creating the hoard, and whether In
d Ing 20 II Intended 10 create an uillct,
such doubt IL dispellod when We read
from the act itself "that each member
ailuch board shall qualify by taxing
he official oath before entering upon
lhe.t duties.
To require the board 10 qualify ami
hks tho official oath Is to fix tho oilicia.
tAlus VI the board; II Ia to require them
H. ,asc the official oath pertaining 10
me office thus created which they holu
uafc about TO hold sud TO which they
are appointed. That is, that they viii
Iefioim the duties Of the office "a
Nhleh they have been appointed 10 the
bel Of their ability, ami support the
Couuituti0u OF the United States"
"lt qualify" ls term used In legally
Hilming the duties Of m office. $50
ike the official oath" isa term thai
implies an office which is 10 he filled
BY the person taking tue oath. 1t Il
pain that the duties OF thls board ar.
not merely honorary. 4 rcRt public
trust and duty IL imposed upon them,
They arc 10 plan, negotiate and spen
the sum Of sos, 900 for building and cOu,
Auellng the Agricultural College ol
this Terhtory-they 10 this In theii
official capacity ~ n board Of consttuc'
ton.
The case Of People w. Nicholas Q.
NJ. Y. AS and People W. state Is ILL.,
Ssi ate readily distinguished from ia,
caas at Bar, Ia many respectg. Tn,
dissenting opinion Ut Justice Law
renee Ia the last named case Is sup
pofedby the great weight OF authority
oi this country.
Bee. 7 OF the Organic act conferred
The power aud authority Of the appoint
ment Of such officers In the governor
lyAnd With tho consent Of tue legisla
tive assembly.
The object Of this section OF the Or
ganic act, ~ held by MIR. Justice Law
lonco Ia a similar case, must have benf
TO guard the purity Of the legislature
~ taking from 1t the power Of Great
Jog lucrative or important places an.
btstoWing them on persons or part
Elhefents, and tho provisions Of th'
act should be 40 construed Ar 10 etlcCtu
Meths purpose. EoF these and otho
reasons and without entering into 1
more critical examination u this ques
Ton must hold that.
Deiendan'a demurrer 10 plaintiff,
pslilion and writ Of mandate IL over
ruled and dofendanps d0muFfcr 4
Petition IA Intervention OF Goorg
thatcher ot A., Il sustained. Permis
tlon gtRnted to defendant TO ans We
over N three days anu Ia default
plalhliiiA' VIII OF mandate IL granite
~played. Payment 10 be made b.
quarter yearly lntlallment as provide
IN &. L. 1spA nNQ ap, Oh al. pr,v.I