Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-04-29
EXPERIMENT FARM
APPROPRIATION.
County Attorney Christensen Rem
ders an Opinion for the
Commissioners
HE SAYS THAT IT IS LEGAL.
Board Can Set Aside Funds for the
Purchase OF the Requisite
Acreage,

IN answer 10 a request from the coun-
~ commissioners, County Attorney
Christensen has rendered an opinion in
which he advises the commissioners
mat they can legally appropriate money
With which 10 purchase land for an ex-
perimental farm, as provided by an act
Of the recent Legislature. The opinion
follows IN full;
salt Lake city Utah, April 20, 1905.
To tho Hon. Board Of County Commits
si0ners, salt Lake County Utah
Gentlemen--On the 2Gth of the pres
ent month / received from Commits
sOner Miller a request 10 advise the
board as TO its authority In relation to
the purchase Of an experimental farm
I'm this county The powers of the
board of county commissioners are
such, and only such, as are conferred
upon IL by legislative enactment. The
board of commissioners can exercise
only such powers as the Legislature
may confer The Legislature has the
power. II course, 20 confer upon the
board Of county commissioners any adj
ditinal responsibility or additional
power that 10 may see tic, not prohibit
ed by the Constitution. Now II the
board Of county commissioners has the
authority TO transfer by deed amy OF
its real property 10 the state, or to pur-
chase and convey for the purpose Of an
experimental farm to be under the di-
Ioction and control of the state, such
power has been conferred by legislative
enactment This power Is nowhere
conferred save and except by the en-
d 1 "a lei t4l
We now come TO am examination of
chapter 1874 OF the session laws of 1900.
Par b OF this act provides az follows:
"Thc county or counties I'm which the
station mentioned I'm par I is located
shall furnish TO the state clear title
TO 80 acres on more, good land WllA
slflioieut water right free, which snail
be- the site OF the said experimental sta-
ton" CtC Whatever may have been
iu the mind OF the Individual who draft
ed this act. or moved this amendment,
is difficult 10 say but "A fair and rea-
| sOnublp Interpretation Of that section
would give the commissioners IN my
opinion the right 10 purchase and con-
yoy go acres of land with the water
thereto to the state Of Utah for the
purposes of am experimental station. II
| II means anything, It means what IS
says. although IT Is quite new power
and quite AN unusual way Of comforting
| power uuon the board Of county COM
! missi0ucrs. It doesn't attempt 20
amend any old Law, or repeat any for
/ mpr enactment, but simply boldly de-
| cares additional power conferred upon
| the board OF county commissioners
! Reading the act as "a whole and COLI
y STRUNG section 3 I'm connection with tho
| purpose of the act, there can be mo-
y d t..f b.. 81 Ice. "a
/ upDn this section The act provides for
| the establishment ~ an cXperIT entaI
] station I'm some one or more of the CEN
| tral counties OF the state, provides how
! it shall be selected, how controlled, and
| how purchased or obtained Now l.
| some one will come along give Salt
! Lake county 90 acres Of land with tho
! water and ask them to be good enough
| to give II TO the state the intent and
| import Of this bill win have
been complied with, but If this
public benefactor docs not appear
and salt Lake county aids in the ac-
| compllshment Of the purpose provided
| I'm this chapter then II must convey
from the property It already owns &C
| acres of land and the water thereto, to
the state of Utah, or in the event that
! II has no such land, il must purchase
! 60 or more acres Of land with sufficient
| water right therefor and convey the
| same to the State Of Utah for the pur.
poses Of an experimental station, which
conveyance shall be free, without
charge from the state.
I believe, under the law, you have
the power and authority to make an
| appropriation Tor the purpose Of pur.
chasing an experimental farm In Salt
! Lake county to be conveyed to the
| State Of Utah without cost To In,
| state Respectfully submitted
FARLEY u. CHRISTENSEN,
County Attorney