The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-12-06
PARK LAW To Be
TESTED IN COURT
Members -of the Board Desire
to Ascertain Where
They Stand.
DININNY GIVES OPINION
Other Lawyers, However,
Take Opposite View to
City Attorney.
DININNY GIVES OPINION

That the validity and constltutlonalitE
OF HE park law enacted by the last state
legislature and under which The city
park board is now operating, VIII be
tested In tho courts, in order that tine
actions OF the board cannot he Questioned
In the future. vas definitely decided upon
at the meeting of the board YESTERDAY
afternoon
Clay Attorney r. ! Dlninny appeared
before the board and declared that tne
law was not constitutions, and That the
board could not legally act under IL. Iie
declared that the law precucaity gave
the board. which is an appoinuvc booy
The power 10 levy taNes when IL salu
as recommended by the board. Chairman
~ Fred Wey raised an important point
when lie declared that the original Bill
read may and not shall" and the city
attorney said that this would have been
all right
Chairman Wey declared that he could
not account FOR the change. aud The board
decided 10 have the original hill looked
i,p In order 20 ascertain how the change
occurred. II +, is merely a typographical
error. II is said that there could be- no
question this point, which vas prac-
tcally admitted by the city attorney:
The opinion OF City Attorney pininpy
gave rise TO AN interesting discussion
among the members OF tile board. vino
do not desire 10 take any further action
until they know where they stand. Mr..
Wey declared that other attorneys are
OF an opposite opinion. and other mem :
bcrS Of the board who have seen counsel
corroborated him in this statement.
Wants Money Transferred.
However. The matter was brought 10 q
head when communication from The
city auditors office was read, requesting
that the board turn over TO the city $50,
600 transferred 10 the board several
months ago and representing tho cquiva-
lent OF This years tax levy. When The
amount wss placed to the credit of The
park board there VAS some talk Of "A fu-
turc transfer toward the clos" OF the
year. and the members OF the board
promised 10 consider this matter.
Seeing the chance 10 lake the matter
into court 10 ascertain tho constitutional
ity of tho law. the commission decided
not 30 give the money back and 10 refuse
the city auditors request point blank.
This. il is said. leaves tho city auditor
in q position 10 take tho matter TO court
10 compel the board 10 pay the money
back.
The board took the action with q
friendly feeling, and il is merely done to
bring The prattcr to a head. The matter
Of counsel was spoken oil. hut no action
along this line Was taken al The meeting
yesterday afternoon. which Was held In
the ofiicc of Mayor John :. Bransford.
The conflicting opinions between sttor-
neys. consulted by The members Of the
board. gives rise TO tine determination
un the part OF tbe board members to
know where ibcy arc. Tho board docs
not desire 10 do anything out OF harmony
with :hc incoming administration. but,
undor the holding Of the city attorney.
every action which II proposes to do is
checked. II Is thought however. that
With tho Incoming administration some
agreement can hc res chcd by wuicb
settlement can be had. Nevertheless II
decision OF the court is thought necessary
10 make The acts OF the board valid.
The action OF The board in telling L. !,
Moran iu move his plant uut OF city
Crcc!S caUECu and in telling the lcssccs
"f the Warm Springs and Paroy.s bot
toms property 20 pay tho rent 10 the park
board was declared Invalid hy the city
aLtornsy, Nh"reupon The board do'1u,:l
10 find out where II WAS before proceed
ing further.
The city attorney declared that TIE
board had no jurisdiction TO take such
action. and iliut before having JIrisdic-
tiou over these LANDS they would have
Ia he dedicated 10 the park board In
this opinion, too, il is said that other at
iorucNs who have been asked about the
matter disagree with Mr.. DlnlnuS.
The board adjourned To meet again on
neccmbcr -. which viii nc the last meet
Ing this year. ON t!,al dan tho members
viii visit Liberty park 10 see tho TN
prol cmsnts which arc under WAY al that
place. Richard =. Morris. newly elected
commissioner. Will resign as member OF
The board at that meeting, This Will nc
cessitalc the appointment Of another
member on tho park bOa rtl,