Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-02-02
A COSsTIrUrIOSALroISr.


On January 81, Hon. J. l.. Booth
Introduced into the Legislative C0uu
Gil a bill 10 consolidate the University
Of Utah aud the Agricultural College
at Logan. The first section VI the BIZ
10 o. follows.
section 1. Tho Institutions heretofore
known a. the Agricultural College oil
utah, nov located az Logan, and tho Unit
vtrsity OF Utah. now located ~ Salt Lake
Ciiy. arc hereby united into one insutn s
ton on tho siio of tho Agricultural Coll
lego Of Utah, nj Logan, uah, which shall
DO known ~ tho University Of Utah by
and with said namo IL constituted and
shall be continued a public corporation
with perpetual succession, and q may
have and use a corporate seal, aud by
said name sue and DO sued, aud contract
and be contracted with. 10 II hereby
vested with all the property, cfcdlis, objects
aud franchises, aud IL subject 10 all he
contracts, obligations aud liabilities ~
tho existing corporations. 10 may take
and hold TO ~ use by ! urchaso. gin, de-
vlso or bcqu0si, real ant personal prop
efty and moneys, credits and effects, aud
by sale or exchange receive aud uso tho
proceed. aud property uo, applicable TO
iis uses In spOcioi and IT, property, credits
aud effects shall DO exempt from all taxes
gua assessments.
Both tho Institutions named are cor.
posaiions, private In tho sense that they
are not municipal, and constitutional
question IL raised by the section quoted.
Has the Utah Legislature the power TO
consolidate two corporations by a spec.
tai ge2 one Of the iub. divisions OF
tho iirst section Of an act Of Congresi
passed July 80, 1885, entitled, "An act
TO prohibit the passage OF local or spec.
allAwa In tho territories Of the United
States, 10 limit territorial indebtedness,
and for other purposes" prohibits the
Territorial Legislature from;
Granting 10 any corporation, assncia.
ton, or individual any special or oxclu.
tito privilege, immunity or franchise
whatever.
Tho section OF Mt. Booths bill TO
produced above, makes a giit tho Uni.
VoFsltJ, one corporation, Of all IN,
properly Of every description which II
owned by the Agricultural College
another corporation. The trustees o
the respective corporations arc not con
suited In tho Transaction. Perhaps, Of
the ground that both these insiitutio u
are owned, ~ were, by the Territory
the Legislature IL exempt from tn
operations Of the law OF Congress jus
cited; and perhaps again tho prope
way 10 consolidate them would DO {,
follow tho provisions Of the genera
statute specifying the manner In whict
two or more corporations may be- uuiltl
IN one. This Is a legal question which
the NEWS will not here attempt {,
tolye, our present purpose being e
merely call attention to I, for the pur.
roio Of insurlug correct procedure Ia
tnoetlng the union OF the two lnslilu.
ton, an object which this paper now
As ever mos, sincerely hopes for.
would be a calamity to bring about
the union In a manner that would
cloud the title to Improperly involved,
or give rise to litigation; but a union
effected In u way that viii be consistent
with law and the educational Interests
OF our commonwealth, Is a cousum.
nation much 10 DO desired.