Show GlUFF SCORES lAX METHODS METHOD AT COLLEGES University and U. U A A. C. C Fail Fall to Pay In Collections Collections Monthly as as Provided Provided Provided Pro Pro- vided by Law It Is Said This statement which you submit submit submit sub sub- mit 1 is so surprising to me and reveals such a 0 gross violation of the law that I cannot r train retrain tro from from the comment that if tf our Our leading educational institutions are to be permitted to so violate tho the law what may be expected of ot the lesser lights and the ordinary citizens especially in this day when we ar are so strongly preaching and urging the necessity of ot obedience to to t the e 1 law as the only sure means of pre preserving pre pre-I serving our liberties and 1 ing the advancement of f our civili I This Is the view of ot Attorney General Gener l Harvey H. H Cluff given to State Treasurer W. W D. D Sutton Button and is in reply to a request for Information mation regarding the turning over of ot the fees collected by the University University Uni Uni- of Utah and the Utah Agricultural Agri Agri- Agricultural cultural college The request of ot Treasurer Sutton it Is 13 said eaid reveals an astonishing disregard of the tho law which provides provides provides pro pro- vides that the fees received recel by both institutions must must- be bo paid over to the state every month The opinion Is regarded at the capItol as as sO a dra drastic Uc arraignment of ot officials off off- i I I CLUFF GIVES VIEW I The opinion follows I 1 am in receipt of ot your letter of ot February 4 and note Its con con- conI I tents You present a statement showing the amount of ot fees turned to you OU by the University of Utah and the Agricultural college during the year 1923 and the dates upon which the amounts were turned to you From said sald statement it seems the university made only two settlements settlements settlements set set- for the year March 28 23 1923 1023 and June 28 1923 and the Agricultural college made only six settlements for the year You Tou ask for tor my opinion as to whether or not you have the au authority authority au- au to demand payment each month In full settlement of ot fees tees collected by the sald This statement you OU submit isso isso is isso so surprising to me an and reveals such a gross violation of ot the law that I cannot refrain retrain from the comment that 1 if our leading educational educational educational edu edu- institutions are to be permitted permitted permitted per per- to so so violate the law what may be expected of ot the lesser lights and the te ordinary citizens especially especially espe espe- in in this day when we are areso areso areso so strongly preaching and anti urging the necessity of ot obedience to the law as the only sure means of ot preserving preserving preserving pre pre- serving our liberties and continuIng continuing ing lag the advancement of ot our civilizatIon civilization civilization civili civili- TH THE E LAW Chapter Chaiter session laws of ot Utah 1921 provides for tor certain fees that may be collected by the Agricultural Agricultural Agricultural Agri Agri- cultural college The latter part of ot said chapter states All moneys received for entrance and tuition fees tees or for sale of ot animals animals animals ani ani- mals shall be he covered In Into o the state treasury at the close of ot each month and shall be placed to the credit of ot the maintenance account of ot the Agricultural college of ot Utah A de detailed detailed detailed de- de tailed report of ot the amounts collected collected collected col col- col- col from all sources duly verified veri yen tied fled b by the proper officers of ot said college shall be bo filed Hed with the state auditor and state treasurer at the time such moneys are deposited with the state treasurer Chapter of ot the same session provides for fees tees that may bo be collected collected collected col col- by the tho University of ot Utah 1 The latter portion of ot said chapter states received from All AIl moneys any sources whatsoever shall be bo paid Into the state treasury at the close of ot each month and shall be placed to the credit of or the maintenance account account account ac ac- ac- ac count of or the University of ot Utah A detailed report of ot fees lees collected verified under oath shall be filed flied with the state auditor and and- the state treasurer at the time the fees are deposited with tho the state treasurer I J need not make mako any comment on the tho language of ot these two sections sections sec see since it is clear clean and explicit I as to what shall be bo done by these two Institutions with fees collected by them Subdivision 1 of ot section compiled laws of ot Utah 1917 de de- de Clares dares it to be bo your duty To receive and keep all moneys belonging to the state and not re reQuired required required re- re to be received and kept by some other person So it is not only the duties of ot th the institutions to turn all fees over overto overto overto to you OU at the close of each month but it Is likewise your duty to r re receive and keep leep such fees and it is ismy ismy ismy my opinion that where fees Cees are due you ou from any source at a a. certaIn certain tam tain time it becomes your duty to demand payment of ot such fees tees and see to it that they are turned to you ou and deposited as required by bylaw bylaw bylaw law and I would say you OU do have havethe havethe havethe the authority to demand payment each month in full settlement of ot all fees collected d by these institutions as it is only within the lino line of oC your I duty to see sea that such fees tees are re receIved received received re- re b by you ou PENALTY PENAL TV FOR VIOLATION In this connection it might bewell bewell be well wen for me to point out what has been provided by the tho legislature for tor fora tora a violation of ot the law While it H Is true neither of ot the chapters above referred to mention any penalty for tor their violation I call your our special attention to the provisions of ot section section sec see tion compiled laws of ot Utah 1917 which read as follows er E Every wilful omission to perform perform perform per per- form any dut duty enjoined by law upon any public officer or person holdIng holdIng holding hold hold- ing any public trust or employment where no special provision shall havo been m made d for the punishment P b of ot such d delinquency is punishable i as a misdemeanor Section provides as follows fob fol lows Except pt In cases where a different different dif dlf- ferent punishment is prescribed by bylaw declared to tobe tobe law la-cs' every en be bea a misdemeanor Is punishable by Imprisonment in a county Jail not exceeding six lx months or by fine tIne In any sum Jess less than or by both In all cases where a a. corporation is convicted of ot an offense for tor the omission omission omis omission omis- omis sion of which a a. natural person would be punishable as for a misdemeanor misdemeanor mis mis- demeanor and there is no other punishment nt prescribed by law such corporation shall be punishable by fine not exceeding I I trust this will be sufficient to toI fun fully inform you ou of ot your our rights and I dut duty and that you ou will have no difficulty dir dif in iii the future in seeing to it I that the tho law is lived up to by these I institutions j jI I |