Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-09-23
UNIVERSITY LOSES
IN SUPREME COURT
Legislatures Act Providing for
Central Building is I'm
constitutional.
WOULD BE DEBT OF STATE
Enactment Making Ioan Debt Of INT
,ersiiy Does Not DO 80. In
The Courts Opinion.

The University OF Utah lost an hope
of securing an administration building
yesterday afternoon when the supreme
court handed down a decision deciar-
ms tina, the act passed by The last
legislature providing for the funds
was unconstitutional The writ of
mandate against tho state board of
land commissioners 10 compel them to
convert s2j0.00O OF the universitys per-
manent land FUND into money for the
construction OF the building was dis
missed
an the first place the supreme court
held that the amount would increase
the states Indebtedness beyond the
constitutional limit. The legislature
said that the money would be adj
vanccd as loan but the supreme court
says That il would be loan IN name
only. ~ would sand. the opinion
says. IN law as an obligation OF the
state and as such would increase the
Indebtedness.
Justice j. r. Prick. who wrote the
major part OF the opinion. says on
this point:
"The legal effect Of the act OF 1909,
so far as II affects the relations Of the
university and the state may be
said to be that while the OBJ
legation authorized by the act is
in terms made the debt or the univer-
sity, set In the same act. the university
is entirely absolved rom the duty and
burden of paving IT, while the state Is
made 10 assume this duty and is thus
made the resi- debtor"
The interest on the land fund should
be paid 90 the university. as provided
by the legislature The supreme court
says that this Is 90 the effect that
rover Inoer this arrangement the
state would be Obliged 70 nay the ac-
cruing Interest on debt declared 10
Doe am obligation OF the university This
obligation the supreme court holds
would create a charge upon the entire
property of the state In the form Of
interest amounting 10 $4,000. The
principal and interest would amount TO
$3.50 600 an OF which must be paid out
or the general taxes.
Then the opinion reads:
IF this does not constitute q state in
debtedness. We can not conceive how
one can be created unless by Issuing
state bonds 10 is very clear
that the debt was declared 90 be-
the debt OF the university for no other
purpOse than TO avoid coming into CON
nict with the deb. limit contained IN
tho CONSTITUTION n the debt limit may
be extsEt.d AnftMs snanner. then there
is no limitation.
Much as we regret, even deplore."
concludes Justice Prick. "the necessity
OF even temporarily depriving the unit
Versity ~ a much needed building. We
nevertheless must Yield obedience 10
the constitution rather than follow our
own desires. The constitutional pro-
vision is clear and should be obeyed
not ignored. N the people think IL wise
to authorize a larger debt limit they
may easily amend the constitution
The application should be and is dis
m ssed. D."
The case OF Thoreson against the
state board Of land commissioners was
cited as an authority for the university
on the subject. Chief Justice ID. n.
Straup said in reply 70 this:
when the alleged prescribed legal
duties OF an officer rest upon the pro-
visions Of an unconstitutional amend
ment, ] think he when commanded TO
perform such duties, or show cause for
not doing 50. may justify his refusal
ca failure 10 perform on the ground u
the lnValidity Of the statute. IL a con-
trary rule was declared Ia the ThOresop
case las I think was intended TO be
declared), II was oveITuled Ia the Stan
ford case Since then the latter. and
not the former case expresses the law
on such question In this jurisdiction"
III coN'luulAh Nhtei dANliA' HAiAhF
points out To the legislature the de-
fects IN its work and declares that II j.
encroachng upon the prerogative OF
the courts. He says
II the acts required % BE- done by
the legislature are harmful and incom-
patible with the constitution. such
effect cannot be avoided by the legis-
lature calling them innocent or by
giving them "a particular name Neither
can 10 be- avoided By the requirement
OF the net that Am laws in conflict here
with shall be- % construed as 20 carry
out the provisions or this act
The legislature must content itself with
the power OF making laws n cannot
also direct the construction that shall
be given them
II rs held by the supreme court that
the whole act iG unconstitutional and
the writ is denied.