The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-18
STATE BOARD HOLDS
UP FURTHER LOANS
VIII Await Court Decision as
to Validity of State
TO BRING TEST CASE
Probable Action Will Come
From Utah County; Con-
tract for Piutc Extension.
TO BRING TEST CASE

no state loans on irrigation projects
will he made by the state board or land
commissioners until the validity aud con
stitutionality of the law under which the
loans are provided for has been passed
upon by tho courts. This was decided up
on a A meeting OF the members OF the
board and Governor William Spry late
yesterday afternoon,
The board has been the recipient OF
many applications for large loans TO aid
in the extension and development OF ir-
rlgati projects in various parts OF the
state. The attorney general advised the
board not to make any loans. and yes
tordav It was definitely decided not 10 eH-
tend any more loans. at least until such
n time as the members might be satisfied
as 10 the constltutiona1ity of the law.
The board announces that 1t Is de-
sirous of aiding settlers all 1t possibly
can and wishes TO give all possible as
sistance TO the work OF extending and
developing the vnrious projects. IT. also
wants TO help the people who desire TO
settle on these projects, but because
there Is doubt as to the constitutionality
OF the law. and 10 be OIL the safe side,
the board has decided to walt until the
statute can be tested.
Bring Matter to Test.
In some parts OF the state districts
have been formed and bonds issued, which
II was expected would be sold to the
state. Assessments have been made up
on the property 10 pay the interest on
the bonds. and now that the board re-
fuses TO buy the bonds and issue the loans
the people will bring an action to re-
cover the amount they. have paid on the
assessment and this, 1t is figured, will
bring the case to a test.
The advice OF Attorney General A K.
Barnes TO the land board. advising it not
TO lend any OF the funds, comes as d re-
suit of the recent decision Of the SUI
preme court holding the drainage law
n,1
he unconstitutional in that assessment
was made upon the people without the
proper course of law and because II pro-
rided for an assessment which was more
Of a benefit TO individuals than to the
general public. In tho collection OF taxes
on this assessment by the county treas
Jrcr of Utah county. ii was held that
private property was being taken With
out due process of law. THE decision was
rendered in tho case uf Benjamin Argyle
against Mont johnson. treasurer of Utah
county
To Prevent Confusion.
II was feared that the same ruling
night hold in the assessment for extend
ne these irrisation projects. and the
state board does not desire to give any
'ne unnecessary trouble in this line. II
oans will then be made, but in the event
hat il is not held so, a great deal OF
confusion Will then have been cllmi-
mated hy the refusal Of the board to make
At meeting Of the state land board
yes terday the contract for eight more
miles OF the Pluto irriagtion project canal
WAS let TO the Western CONSTRUCTION com
oany. This canal will supply water for
about 1000 acres additional land on the
project. The cost Of the Improvement
vii he 22S 900.
A number OF routine matters We're dis
oosed of at tho meeting. The board did
rot reach the question of whether or not
PERSONS taking up land under the Carey
lff In h atse -
This matter Is TO be considered at a fu-
ure meeting.