The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-05-27
SALT LAKE AND
STATE NEWS
UNIVERSITY CAN
NOT GET MONEY

Salt Lake. May 26.-Attorney Gen
eral Barnes returned an adverse opin.
ion today to the state board of land
commissioners relative to the realiza
tion by the state university trustees OF
certain funds TO be applied in erection
of the administration building on the
hill. The attorney general having TAX
en- an unfavorable Wow of the matter
it has been determined to take the
case before the state supreme court
In friendly suit for settlement The
opinion as given the state land board
Is as follows:
II am In receipt OF your favor ol
May IA. signed by w. II. Farnsworth
secretary, wherein you submit to me a
note in the amount of S12. 500, execut-
ed by the University of Utah to your
board.
This note Is executed under the pro
visions of chapter 124 of the laws oi
Utah, 1909. which is AN act authoriZ
ing the University OF Utah to erect a
central building at cost not exceed
ing S250.000. and authorizing partial
conversion of the University of Utah
permanent land fund into cash. the
lean thereof and the method of repay,
ing the same Under the provisions
o. this act, the university has eXecut-
ed the foregoing mentioned note, and
has requested the board of this
amount of money, that is $12.500, be
ing part of the S250,000 provided for
by the above act.
During the session of the last leg
iSlnture there was introduced a very
similar act as the one above men
toned About the only difference be.
tween that proposed act and this act
was in that II was therein provided
the state would assume the indebted
ness and an appropriation was made
for S12,500 each year to meet the notes
which would be executed by the uni
versity.
Il was at that time. asked by one
Of the legislators, to render an opin-
ion as 10 the constitutionality Of such
act. / did so. and in my opinion held
that that portion Of the bill which
provided for the loan Of the perma-
nent fund of the university TO the uni
versity for building purposes was not
only an evasion of the provisions Of
section of the enabling act, but was
also in direct conflict with the proviS.
ions of section > Of article 10 of our
constitution
81 further held In that opinion that
such proposed act which provided for
an Indebtedness to be assumed or con-
tracted by the state would create an
obligation against the state so as to
affect the debt creating power of the
state. Under section ! of article IA
Of the constitution it is provided that
the state may create debts not eX
ceedng In the aggregate, at any one
time. the sum of 100000 over and
debtedness assumed by the state. and
! held In that opinion that the $780,
600 loan would be an obligation as
sumed by the state. and therefore,. in
conflict with section / of article Ia
above quoted.
There Is no doubt In my mind now,
but that the act, the title of which is
above quoted. and which is found in
chapter 124 Of the Laws Of Utah. 1909
has the same Objectionable features
as the bill which was first proposed,
and as TO which | rendered al opin-
ion above mentioned, and for the
very reasons above mentioned. In my
opinion this act Is unconstitutional
and your board has no authority TO
loan this money. or any portion of 1t,
to the university.
THE form OF the note which has
been executed by the University OF
Utah seems to be as provided for in
this act.
"I herein enclose letter from w. w
Ritter. chairman Of the board of re-
gents. under date Of May 3, 1909, ad.
dressed to your board, and also the
note above referred to-"