The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-01-01
ATTORNEY GENERAL /
TURNS down LOAN
Says Land Commissioners Can,
not Advance Money to State
ArmOry Board. -
OPINION Is RENDERED TO
SECRETARY FARNSW0RTH
Result a Great Disappointment
to National GuardSmen
and Citizens.

in an opinion rendered by Attorncy
II. Farnsworth, secretary of the state
board OF land commissioners, was add
viscd that there was grave doubt as to
whether or not the loan of $S5,000 to
the state armory board, authorized by'
the last legislature, could be made un-
der the laws of Utah. The opinion
given by Attorney General Barnes FRI
day was iii reply TO letter from Mr..
Farnsworth asking advice rs 10 wheth-
or or not he should advance the money!
on note recently made 10 the land
commissioners by The state armory.
board
Attorney General Barnes says the
ease is similar To the recent case of the
state against Candlapd whore the con-
StitutjonalilY of an act passed by the
legislature authorizing a loan Of $780,
900 TO the University Of Utah was
questioned. The latter case went to iha
state supreme court and was decided
against tho university, prohibiting thu
state board Of land commissioners from
granting The loan.
The case of the state armory board
loan is identical with that of the loan
authorized for the University OF Utah,
and it. now looks as though the armory
VIII not be built.
VIII Cause Disappointment.
The opinion Of Attorney General
Barnes viii be a disappointment To-
many Salt Lakcrs-mcmbcrs of the Ma
tional Guard Of Utah and residents OF.
Capitol hll-and especially 10 national
guardsmcn, who have been looking for.
ward 10 the erection of an armory,
where they will be provided with suit.
able quarters, since the passage of the
armory bill by the last Legislature, The
residents of Capitol hill are also deeply
interested in the erection of the build
ing. as thew feel it. will have tendency
10 increase the value Of property in
that district and also do much toward
taking of a car line into that terri
tory.
Tho Legislature passed bill authoriz.
ing the state board of land commits
sioners TO loan to the state armory
board, consisting of Governor William
| Spry. Secretary of State c. IS. Tingey
and Adlutant General r. A. Wedgwood,
| $4,000 for the purpose of erecting q
state armory and arsenal. The bill
also provided for the erection of the
| building on Il portion OF the capitol
grounds.
Interpretation of Law.
II now appears that the law permits
the money held by The state board Qf
land comm ssioncrs TO be loaned only
on state. county or city bonds, or on
first mortgages on improved farms
within the state, The lending Of this
money 10 the state armory board would
be loan 10 state institution and the
principal could only be repaid by an
act of the. legislature, As the loan
would not in Il measure he an invest
ment. there arc some doubts as 10 the
legality OF the act and according TO At
torney General Barnes 1t Is question
for the supreme court to decide
Adiufant General T.. 4. Wedgwood
was called up by phone last evening
and said that the matter would not
rest where it is at present, but wonld
he carried 10 the supreme court of the
Stale for final decision, Mr.. Wcdgwood
is of the opinion that the loan can be
made wholly within the law and he VIII
make every effort 10 have tho money
given over TO the state armory board
at the earliest possible date.