The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-04-12
MR., VARIANTS RESIGNATION.

The resignation of Corporation Coun-
sci c. s. Varian is much to be regret
ted. There is no question but that MI
Varian is a competent lawyer, whose
advice on legal questions is sound
Neither can there be any question
about the correctness Of his opinion
that when the legal advice of the cor
poration counsel is asked by the com
mission. that commission is In all GOOD
faith and conscience bound TO accept
the construction Of the law given by
the corporation counsel. IF it fails to
do this, it is clear, as Mr.. Varlan
states, that the commission does not
have the confidence which it ought to
have in the soundness Of the advice 1T
has received, and this lack of conf
dcnce is a public affront to the counsel
On this ground he bases his resignation
The prompt acceptance by the comms-
sion of that resignation evidently
clipches the case on tho issue as pre-
sented bv Mr.. Varian; but it does by
no means convince the public that Mr.
Varian was wrong, or that the commits
sion has had better legal advice than
Mr.. Varian gave it. On the contrary,
it would appear that the legal phase
Of the question has been absolutely
ignored by the commission, and SEN
timental desire TO help the schools
(unIawfully, as Mr.. Narian shows) at
the expense Of the city treasury, not
ONLY without warrant Of law, but alb
solutcly contrary to law, has been
yielded to.
The issue thus raised is one Of the
highest Importance. 1t seems to us to
be a clear ease that if the municipal
commission is not disposed to follow
the advice of its legally constituted
counsel then it ought not to have such
counsel IF it is going TO play fast
and loose with the law, it is certainly
of no advantage to the commission to
have legal advice. But having SUCH
advice, it is clearly the duty OF the
commission to conform TO 1T, or else
change its counsel If IL wants contrary
advice. Mr.. Vsrian presents the mat
ter very clearly and logically, and we
500 M escape from the position as he
states IL.
The commission has been unfortunate
in its law officials. It is in office less
than four months, and now 1T has dis
posed of two attorneys chosen for the
head of its legal department; first, MI.
Barrette and now Mr.. Varian. 1t is not
likely that it will be able to obtain the
services of any lawyer of high stand
inp as corporation counsel unless 1T VIII
change its tactics in this matter and
agree TO follow the legal advice as
given. Mr. Varian makes 1T very clear
that it is legal advice only that he re-
rers to, excluding specifically the ques-
tion of policy which is, of course, With
the commission itself. But the question
of the legality Of what the commission
is about to do in any case is not
question Of policy but of law, and the
advice Of the corporation counsel is
what ought to govern.
we CODSluGT tHS pOSitiou o"' VI "
good deal of delicacy, in view of the
question so specifically raised by Mr'
Variau. A lawyer of self"respect and
sufficient legal attainments to be IN
trusted with the Office of legal adviser
to the municipal commission of tins
big city will scarcely be found now
that this question has been so directly
raised. unless the commission changes
its course; and lawyer whose selt're
spect is so small that he would con
sent TO be overruled by the commits
sion in the direct exercise Of his Office
as legal counsel, is not the sort of
legal adviser that commission such
as governs this city ought to be con
tent with, 1t is an unfortunate busi
ness all around, and the situation
created is one that will be found hard
TO deal with.