The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-03-06
THE MINERS HOSPITAL
Attorney-GeneraI Bishop on the
Calls Resolution.
he SAYS THE MEASURE is VI
TALLY DEFECTIVE.
Asserts That 1t Would Be Uncon-
stitutional if Passed in Its Pres
ent Form and Therefore Null and
Void.

Attorney General Bishop yesterday
administered a death blow to Repre-
sentative Calls joint resolution pro-
viding for an appropriation of $1,000
by the present legislature for the pur-
pose of establishing a miners hospital
at Park City. The encouragement
declares the measure defective in many
respects and declares it would be I'M
constitutional if passed in its present
form.
First Mr.. Bishop points out a de-
ficiency in that the enacting clause is
not such as required by the constitu-
ton. On its face it appears to be a
concurrent resolution and not a joint
resolution or bill. In order to have the
effect of law it should be in the form of
bill or joint resolution and should
contain the proper enacting clause.
Has the legislature authority to ap-
propriate public money for the pur-
pose mentioned in the bill? The attor-
ney-general replies to this by stating
that so far as appears from the bill
itself and the communication of the
Park City Miners union attached
thereto, the bill is for the purpose of
in the erection of a public hospital at
Park City. There is a provision made
for the appointment of two commits
sioners, one by the governor and one
by the miners of Park City and vicin-
ity. The duties of the commissioners
are to see that the money appropriated
is expended for the purposes stated in
the bill.
Mr.. Bishop then quotes section 81 of
ea~ff oil e Is
provides: THE legislature shall not
authorize the state or any county, city,
town, township. district or other po-
litical subdivision of the state to lend
its credit or subscribe to stock or bonds
in aid of any railroad. telegraph, or
other private, Individual or corporate
enterprise or undertaking" From this
it will be observed that the legislature
is prohibited. under the above section,
from authorizing the state ito. lend it's
credit or subscribe to stock or bonds
in aid of private, individual or cor
Dorate enterprises or undertakings.
and Attorney General Bishop. in draw
ing his conclusions, says:
BY express terms the legislature is
not prohibited from making any ap-
preparation of public money, and yet
such prohibition would seem to be
within the spirit of this section.
ne Dill as IL STATUS gives the Sldle
no control over the hospital after the
same shall have been erected. But if
we consider the communication above
referred to we observe that it is de-
nominated a local hospital wherein to
care for our own sick and injured
And again. in speaking of the construc-
ton and furnishing of this hospital
they say, sufficient for our require
ments' The language of the bill is,
aiding in the erection of a public hos
pital,' and yet the bill fails to provide
how it shall be conducted. and whether
or not all disabled miners of the state
would be entitled to admission to the
hospital. The only duty imposed upon
the commissioners by the bill itself is
to see that the money appropriated is
expended for the purpose stated in the
bill.
while the question is not entirely
free from doubt, am strongly inclined
to the opinion that he bill in question,
if enacted into law, would be unconsti-
tutional, and therefore null and void