Show COURT BATTLE FOR TREASURY POST OPENED Attorney for Stain Says Ut Utah Bonding Law Is Illegal and Not Protective The three cornered three cornered battle for possession pOSe pos session of Utah's treasury opened Inthe Inthe in inthe the state supreme court Thursday with charges of ot political plotting against Charles A. A Stain treasurer treasurer- elect and unconstitutionality of state measures flying thick and fast The court heard arguments on quo warranto proceedings brought by Stain challenging the right of Enos Hoge Governor Henry H. H Bloods Blood's appointee ap ap- and A. A E. E Christensen Christensen- acting state treasurer to hold office Claude R. R Barnes counsel for Stain singled out the state depository depository depos tory law one of several conc concerning the treasury passed by the 1933 legislature legislature legislature legis legis- lature for an attack on Its Declaring the measure was an attempt at- at tempt empt to thwart Stain Barnes said the he law providing for a board to designate des des- ignate banks in which state funds are areto areto areto to be deposited is lull full of holes and offers no protection to state funds Barnes said responsibility for handling han han- dung the states state's funds is taken from the treasurer who is required to have havea a bond of and placed with three members who are not bonded He declared the measure is unconstitutional unconstitutional unconstitutional because it gives the governor governor gover gover- nor the power to 10 abrogate or modify any of its provisions Charging that politics polities prevented Stain from obtaining his bond Barnes Barness s suggested d that the matter go to a district district district dis dis- dis- dis court jury declaring that the supreme court was not the pI place ace to togo togo tojo go jo into the circumstances of how Stain tain was vas frustrated I He read a letter from E. E R. R Miles state purchasing agent informing Stain not to obligate himself for a abond abond abond bond as the state would buy It He presented as evidence it is the states state's duty to obtain surety and not Stains Stain he lie argued made every effort to o obtain a bond He charged that under the state law bonding companies companies compa compa- nies ales and the board of examiners which must approve bonds are able to o nullify an election by preventing an elected official from qualifying Th The court recessed until late Thursday Thursday Thursday Thurs Thurs- day when attorneys for Hoge and Chris Christensen ensen were expected to present arguments |