Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-03-05
PARK CITY HOSPITAL
A Bill 10 Aid Its Erection by Ap-
prOpfiating 50, 1000
IN eta Present Form IL Would be
Unconstitutional, thys the
Attorney General.

preventative Callls OF Summit
introduced bill in the Legislatuto
providing for the donating OF 50, 900 TO
be used towards aiding the erection of
y public hospital at Park City. The
nll WAS referred to Attorney General
Blshop for an opinion as to its c,nst.
nationality. The answer is that in its
preaent form 1t is unconstitutional.
The opinion In full ID herewith given:
TO the Honorable Speaker and Menu
beers OF the House OF Representative,
Of the Legislature OF the State Of
Utah,
| have before me House Joint Reso.
luton No. 20 by Mr.. Calls, upon
which you aek Nh opinion as to its con.
additionally.
The bill IL defective, in that tho
euacting clause Is not such aa 10
required by the Constitution. On lie
face it appears to be a concurrent
resolution and not a joint fesoiu ion or
bill. In order to have the ,HJct OF
law II should be In the form VI bill
Joint resolution ana Hhould contain the
proper ebnuting clause provided in
Sec. % OF Article 6 OF the Constitution.
Has the Legislature lawful gu.
thorlty to appropriate public money
for the purpose mentioned In said biz?
So far as appenrs from the bill iisel
and the communication OF the Park
City Miners' Union attached thereto,
(if l may be permitted 10 refer to ~
the bill 10 for the purpose Of donating
five thousand dollars TO DO used In
aiding In lhe erection OF public
hospital Rt Park City, Utah. There is
q provision made for the appointment
of two commit eioners, one by tine
governor, aud one by the miners oil
Park CITY and vicinity who are to mp
point third. The dulles OF the COM
missioners are, 10 see that the money
appropriated Ii expended for tho puff
pose therein otated.
Section 81 OF Rcllole OF the
Constitution provides. "lhY Legis-
lature shall not authOrise tho
town, township, district or political
BubsdivlslOn Of the d ate to lead its
credit or eubscribe to stock or bonds In
aid Of any railroad, Telegraph or other
prlvite Individual or corporation, en-.
terpTise OF undertaking"
1t will be- observed that the legislG-
tuTe is prohibited, under this section
from authorizing the Slate
$50 lend it's credit or subscriue 10 stock
or boudp of v priyatp.
inJivi ual or corporate enterprises or
undertaking."
BY express terms II is not prohibited
from making aH appropriation Of pub.
lie money, and yet such prohibition
would seem TO be within tho spirit OF
OF this section.
The bill as II BlanJn gives the state
no control over the hospital after the
same shall have been erected. Butt
We consider the communication above
referred to, we observe that 1t
10 denominAted "locAl hospital
elck and Injured" Aud again,
in speaking Of the consIruc.
lion and furnishing OF this hospital,
they nay, "euiilcient for our require.
ments." Ihe language Of the bill Ia
"Aiding in the erection of public
hospital and yet the bill fails TO pro.
vide how il shall be conducted, md \
whether or not all disabled miners u
the State would be- entitled TO admis.
zion Thereto. The only duty imposed
upon the commissioners by the bill
itself, is to see that the money therein
appropriated is expended for the put
pose therein stated.
While the question is not entirely
free from doubt, am strongly inclined
TO the opinion that the bill IN question,
81 enacted into law, would be unC0nsti-
tuLional, and therefore null anu void,