Show ARMORY FUNDS m m m 1 WILL REFUSED BE Land Board to Loan I Until Supreme Court Passes I Ion on Question LIKE THE UNIVERSITY CASE FEAR ERECTION OF NEW HOME WILL BE DELAYED As A a result of the supreme court de deI decision I sion last week holding unconstitutional the tho action of ot the last legislature in au authorizing authorizing authorizing the board of ot regents of ot the T nl of Utah to borrow AO from the State Board of ot Land commissioners en on ground that this conflicted with the thc state constitution it is suggested that the th allowance allowan of ot for the state armory board may also be held unconstitutional unconstitutional If such is the case thre thorn Wm ll bE bt no new armory for tor the Salt Lake companies cumpanas of the national guard Adjutant General E A Wedgwood has hasben b ben been H n c carefully considering the wording of ot the act of ot the 1909 legislature creating tine thE state armory board and defining its rower ower The board consists of ot Governor William Wiliam Spry Secretary SeCt tary of or State St te C C S and Adjutant General Wedgwood An allowance of annually was set seta a ac 1 dc by th the state to be paid by the tr treasurer And in addition to this the legislature made provision for a loan of Jv from the state land board boa d for tor the purpose of or building and equipping an The wording of ot the act is as j u And In order to procure funds for tiro th e of such winery armory the said board la authorized and empowered to borrow from rom the State Board of ot Land Commis RK sie ners the sum of ot thousand dollars or gush suh portion thereof as may maybe maybe maybe be required and to execute and deliver d its promissory note and said aid State Board of ot Land Commissioners is hereby authorized and empowered to accept such note and to loan to said paid State Armory Armory board the sum of thousand dollars or such portion as may ma be re required reQuired required for the purpose aforesaid for a aji ap ji p of twenty years at a rate of ot In Interest interest Interest terest not to exceed 5 per r cent per an annum annum num to be paid quarter quarterly and the prin principal principal cipal ral sums of said loan and all aU sums of accrued interest Inter St shall constitute and re remain remaIn remain main a first prior lien Hen upon the lands and nd herein authorised authorized to be beir beJ 0 J and constructed by b said State Armory board Will Ask for The State Armory board has not yet et pride the request upon the state land board beard for the but this will probably probably ably be done within 1 thin a short time And when that request is made it U is certain tc t c land board officials will wall refuse to pay out the money This will be done don doner Ifor r the purpose moner of 0 carrying the matter before the supreme court in a friendly suit Buit to determine the legality of the pro proceedings cc and the constitutionality of ot the theat theart at art It will come before the supreme t I court c jurt urt in an application for a writ of ot man dam damas as to compel the land board to turn turnover turnover turnover over the loan of The Th act upon which bich the supreme court ruling was tas made last week was in con lit tion with the legislative act giving hing the ther r gents power to borrow from t te r state land board for the purpose e of e ere t ting a central building In that act t tuC tiye c university was made an institution separate and apart from the th state to be ber responsible r in itself for the loan The supreme court held that the university i V jS of necessity a state institution and could c aid uld not be divorced The debt therefore there fore firt would be that of the state In the 1 fio p o of ot this the state constitution pro that the state can not incur a debt c r t any time in excess s of ot thus Invalidating the legislative act The uni c will have to wait walt therefore for forn n by the next legislature or until the saline lands case is decided in its r b the th supreme court of ot the thern rn d States before the central building can m Jn b bf be erected The Tiie fact that the state armory board is made a distinct organisation and that It St Is Ii to be held responsible for the loan 1011 c of f 5 Oft from the land board not to tobe be he bold against the state may be held by the supreme court to be ti mal also though attorneys contend it differs materially from the condition in fu fur r Bard gard to the University of Utah Amount Much Smaller The chief hief objection of the supreme en court rt was sas to the loan of for the university while the state constitution and an enabling act allo allows s for tor no loan greater than As JI the state armory board bord will ask for tor only it is held that this phase of the case can not berat be berut rut rat rud d against by the supreme court Adjutant General Wedgwood and other attorneys have llave been going into the armory armor board case deeply and will take the th matter un UD officially with the land board in a short time No action had b been f n taken n up to this time waiting for ti tho action of the supreme me court In case ease this money is loaned to the board work will be started at once upon the erection of a state armory armory and ars arse arsenal ral rial on a part of the state capitol grounds on ore captol hill hili In I addition to the strip of of ground desired from the state the board will ask for tor a gift gin of ot another piece of f ground round from the city upon which to t erit erht one of the finest armories in the country Plans for the armory have already alread been drawn which will be three stories high nn I include a gymnasium and running tra track k drill rill spare apace and all other necessities nece s for national guard work Nothing can be done dore however until the matter Is taken before the supreme court and the legislative act legalised Th The request for the money will be made t th the land board within a short time and anI the matter will be hurried through the tho supreme court to determine whether the armory boards gets the money mone and can an start the work this year or must wait Walt for another two to years ears |