The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-07-30
Can the Commission Draw on the
Appropriation?
STATE ATTORNEYS VIEWS
HE THINKS THE MONEY is NOW
AVAILABLE.
VIE Commission May Negotiate For
the Publication of a Pamphlet
On the Payment of Salaries and
Mileage of District Court Judges.

Atterney-General Bishop yesterday
gave out the following opinion:
Salt Lake City, Utah, July 90, 1896.
To the Honorable Utah Silk Commits
sion, Salt Lake City, Utah:
Ladies:-I have before me your favor
OF the goth in which you ask to be adj
vised as to whether your honorable
board can legally make a requisition
upon the state auditor for any portion
OF the appropriation made by the last
legislature for carrying on the work
devOlVed upon it under chapter 3d. en-
titled, An act for the establishment
OF sericulture in the state Of Utah."
said money when Sc drawn out to be
expended by such commission; section
of the said act provides for purposes
mentioned in sections and of this
act, the said commission may
use such sum as they may
deem requisite, and not to
exceed the sum of 81 600 in any one
year. Sections and make it the
duty of the commission to examine
all cocoons for which bounty is claim
ed, render a statement under oath to
the secretary of state, showing GER
tain facts, also cause to be published
in book or pamphlet form explicit in
of sericulture for free distribution to
the people Of the state; it is also made
their duty TO provide instruction in
Keeling in each county raising 100
pounds of cocoons; to provide reliable
eggs, and in every way encourage
those engaged in this industry
The bill appropriates $1,000 to be
devoted to the expenses of the commits
sion and $4,000, or so much thereof as
may be necessary, to be applied TO the
payment of bounties. The only ques-
ton upon which you ask to be advised,
as l understand it, is whether the
commission has right, under the
law, to draw out any or all of the
one thousand dollars appropriation and
apply the same to the payment of
current expenses, arising under sec
tons 4 and .; or whether parties with
whom the commission transacts bust
hess shall present their accounts to
the commission for its auditation and
Endorsement, and thereafter to be paid
by warrant Of the state auditor upon
the state treasurer.
am of opinion that section supra
is broad enough to authorize the pay
ment to the commission of such sums
OF money as it may deem requisite,
not to exceed one thousand dollars
in any one year. and that sum when
applied to the payment of current ex-
penses of such commission, upon the
presentation of proper vouchers there
Ior- These items of expense so dis
bursed by the commission should. of
course, be included in the commits
SONS report to the secretary of state,
FULLY itemized and accompanied by
proper vouchers from the various par
ties to whom such disbursements shall
be made. This seems to have been
the intention Of the legislature.
AS TO whether this commission
would be authorized in law to nego-
tate for the publication in hook or
pamphlet form explicit Instructions in
all of the practical branches of seri-
culture. etc, or whether this would
come within the province of the board
of examiners, is not quite clear 1 am
inclined to think, however, that the
words cause to be published" are
sufficiently broad to vest in the said
commission the authority TO negotiate
for such publication, and that the law.
being one of special nature, and
belng, TO a certain extent, irreconcilia-
bic with the law relating to the powers
OF the board of examiners, would be
paramount to it. 1 am of opinion that
the commission is empowered, under
TINS law, and that it is it's duty to
draw out any portion or all of the one
thousand dollars appropriated for its
current expenses during the year. to
expand it, or so much thereof as NAV
be necessary for the purposes men
toned in said sections and 5, in
Guiding the publication, in book or
pamphlet form, of instructions in all
OF the practical branches of sericul-
ture Tor free distribution to the people
OF the state and for other purposes
therein mentioned
L have the honor 10 be, very respect
fully yours. A. c. BISHOP
Attorney General.