Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-03-22
ATTY. GENERAL
GIVES OPINION.
Tells What Powers Are Of Trus.
tees Of State Insttu.
lions.
ANSWERS HARRY S. JOSEPH.
Declares That Such Officials Can Not
Be Pecuniarily Interested, Directly
Or Indirectly In ANY Contract.

Atty.-Gen. Breeder gave an opinion
today, ruling that trustees can not sell
supplies or render professional services
to the state Institutions under their
control. The opinion Is returned 10
Harry $. Joseph, member Of the board
OF trustees, State Industrial school, as
follows:
have the honor to acknowledge re-
ceipt Of your communication OF the
18th inst, In which you submit for my
official opinion the following PROPOSE.
ton to-wit.
Can member OF the board of trus-
tees who is a civil engineer, perform
engineering service for the school and
receive pay therefor?
Can member of the board of trus,
tees who Is a physician, perform medi-
cal services for the inmates or officers
OF the institution and receive pay there
for?
Can mercantile corporation of
which n member of the board of trus.
tees of state institution is a stock
holder. furnish supplies and receive
pay therefor from the same Institution?
Can mercantile corporation Of which,
member Of the board Of trustees OF I;
state institution is manager or
stakeholder, furnish supplies to and
receive pay for the same from that in
stitution?
In replying to the above questions
beg to direct your attention to section
20s6, Revised Statutes of 1898, which
reads as follows:
mo member Of the governing board
Of state institution nor official, nor
employe Of such institution. shall be Pc
cuniarily interested. directly or indi-
rectly. IN any contract, business, OF
transaction entered into or by or on be-
half Of such institution"
The language OF this section Is too
plain TO be misunderstood, and any
one giving it careful perusal cannot
be misled as to the intent and purpose
Of the Legislature in placing II upon the
statues The design OF The Legislature
|, In enacting this section was undoubted-
ly 10 prevent fraud In the way OF coll
fusion or combination between the
management or those having under
control the state institutions or any
member Of its board OF trustees. or ans
officer or any employo thereof. as u
safeguard and protection to public
funds appropriated for its maintenance
Gnu ShIBplAs we can ltdulIN see now
person, as trustee or employe Of such
an Institution might be tempted TO
charge eNOrbitant prices for commodi-
ties or for professional services If they
were permitted 10 sell such commodities
or were permitted to render profess
sional services to himself or TO pass
upon his own bills and pay them out Of
tho public funds appropriated for tn.
benefit of the institution,
To guard against this danger, and 10
protect the public funds in the hands
Of trustees the Legislature In its wis
dom erhcted this section, Without
further elaboration YOU are advised
that in my opinion neither the board OF
tustees, nor any member. officer or em-
poye thereof, can lawfully purchase
supplies from, or render professional
services 10, or IN any manner contract
with themselves individually, or as a
corporation In which they are interest
ed peounlarily as stockholders or part
ners, nor can any Of such persons legal
~ claim pay for any supplies or profess
sional services furnished In violation :,
this statute.