Show I CLUFF CL RULES ON FREE PHONES IN BOXELDER I When When the county of of Boxelder granted the Rocky Mountain States Telephone company company now the Mountain Mountain Moun Moun- tain States Telephone and Telegraph Telegraph Tele Tele- graph c company a franchise to erect poles and lines along the highways th the telephone company agreed In a contract to furnish for the use of the county officials five telephones free of ot charge the same to to- tobe be used during the tho life of ot the contract For a considerable time the clerk of ot the board of at education and the county count agricultural agent have b been en using the telephones under the provisions pro pro- visions of the franchise About a month ago the company notified the Boxelder county commissioners that the clerk of the board of ot education education education edu edu- cation and the county agricultural agent were not entitled to free tree service sers' sers ice and that all aU telephone service cost would be collected In view of this the county attorney attorney ney J. J Wesley Vesley Horseley submitted the matter to the attorney general requesting an opinion on the right of the officials named to free use of the telephone service Attorney General lIa Harvey rv e H. H Cluff Friday wrote Attorney Horseley holding that the county superintendent superintendent of schools Is a county officer off oUI- under the law so that the superintendent superintendent superintendent sup sup- comes clearly within the I ns of 01 the tho contract and that t while the clerk of the county board of education Is not strictly sp speaking speak aking ak- ak ing a county officer er but merely an of th county board of eft ed education ed- ed and as such he ho clearly has hns th the r right under the provisions of th the mc contract to conduct the official business of the county superintendent superintend superintend- en ent over the telephone free of char charge e ns as as he does docs not do so as a county officer but for a n county of of- of If the clerk of ot the board of education occupies a position sep- sep arato te and apart and apart from that of the county counts superintendent of schools and in no way with the work and duties s of ot the superintendent superintend superintend- ent cot then a different situation presents presents pre pre- and In such case Ba says s 's Attorney Attorney ne ney General Cluff 1 I r do dg not think I Ith th that t ho Is a county count officer as ns contemplated contemplated contemplated con con- by the provisions of the Contract Regarding the county agricultural a agent nt the attorney general holds that he Is 19 not entitled to the uso use of the phone free freo as he Is not a county officer but merely an em em- eni- eni Jointly with the tho state agrIcultural agricultural agricultural agri agrI- cultural eOll college ge and works with that college under cooperative agreement |