Show ASSINMtN1S ARt OPTINAL BUT T STATE LAD OAS AST I NCSAY Attorney General Bishop Renders A Opinion Affecing the Bonn ville Water and Power Company Answering a query of the state board of land commissioners as to whether under the revised statut of Utah the rights of 2 applicant for the selection of desert lands to be reclaimed by Irrigation Ir-rigation work may be assigned to a corporation and also whether n contract con-tract made between the state and au individual applicant iu pursuance of such application and the Itw regulating regulat-Ing the performance of the underta lag to reclaim such arid lands is assignable as-signable to a corporation with all tle rights accruing from the individual Attorney Genera BIshop in an opinion rendered yesterday holds that such an application and contract are nut assignable sigable without the consent of the state land beard The conclusions set out in the attorney attor-ney generals opinion state I will therefore be seen that the rights arising ont of such 3 contract involve a relation of person confidence dence between the state beard of land commissioners and the applicant which in my opInion brings it within the class of contracts which in the absence of any express provision non assignable The rule of law relating to such questions is that rigtts arising out of contracts cannot be transferred If they are Coupled with liabilities r if the involve a relation uf personal confidence such tat the party whose agreement conferred those rights must have intended them to be exercised only bj him in whom he aL ualy con fded Everyone has a right to select and determine with whom he H contract con-tract and cannot have any person thrust upon him He has the right tC te benefit he anticipates from the character credit and responsibility of the party with whom he contracts You are therefore advised that such application is not the subject of a < igment without the consent of the state board of land commissioners and saId board therefore could not be corn pelled to accept the liability of any other person or corporation as a substitute sub-stitute for the liability of those with whom it had contracted The question and answer in the opinion opin-ion have reference to the Lake Bonnie ville Water3 Power company ivhnse projected irrigation and reclamation worka are In Millard coanty but It is believed no Issue is raised in this matter mat-ter that cannot be ealiy selvd by the state land board and the Bonneville company |