Salt Lake Telegram | 1936-06-25 | Page 11 | Opinion Fails to End Dispute on Board Jobs

OPINION FAILS TO END DISPUTE ON BOARD JOBS Woodward Bennion May Have to Quit State Posts A question raised by Sam Keifer Kefer state legislator from rom Salt Lake county as to whether two of oC his bis colleagues are legally holding positions positions with the state help self cooperative cooperative coop coop- board apparently still was unsettled Thursday despite an answer answer an ana by John D. D Rice deputy attorney attorney attorney at at- torney general An opinion by Mr Rice while not naming the tho two legislators In question ques ques- tion State tion-State State Senator Hugh M. M L Woodward Woodward Woodward Wood Wood- ward and State Representative Heber Bennion Jr held held that no persons could continue as members members rs of oC the legislature while holding positions positions po po- in an nn executive department On the other hand band Mr Rice held that a n person appointed to an executive executive executive tive office under the law in question question ques ques- tion Uon would not be holding an office offic of oC profit and hence would not be barred from holding such an office retained as an in an executive department under this same law would not be disqualified fied fled from his bis job because because- he be would be an not an officer the opinion held beld Challenge Issued Mr Keiter Keifer had challenged the right of the two legislators to hold positions with the self help board because of oC a constitutional provision provision provi provi- sion zion prohibiting a member of oC the legislature from holding bolding an office of profit created by the legislature of oC which he be was a member Mr Rice however defined the words profit and office and also distinguished between the words and officer Dr Woodward a candidate forthe for tor forthe the Demo Democratic nomination for tor governor governor gov gova is chairman of oC the self help board but serves without tion Mr Benlon Benion is an of the tho board receiving a small salary I and expenses Attorney General Joseph Chez enlarging enlarging enlarging en en- verbally upon the opinion said sad the ruling holds that tho the two legislators could n not t continue in their lawmaking positions and at atthe atthe atthe the same time hold positions in the executive department of the state self help board Formal Format Ruling Sought On the other hand Mr Chez saId sald the ruling does not mean th that t Dr Woodward or Mr Bennion would have to resign from the legislature as long as s the legislature was pot potin lot lotin in session Dr Woodward it was understood will vill ask osk a formal opinion on this point before beloro taking any action Dr Woodward attending an educators' educators conference at the University of ot Utah said his understanding was that he would not necessarily have to resign from the legislature but would have to relinquish one of the two posts He said he planned no action immediately Mr Bennion Bennon a Daggett county representative Indicated he probably probably proba proba- bly would not resign from the tho legislature legislature legislature legis legis- lature but that he might have to quit the self-help self job Mr Bennion is project adviser to the board Dr Woodwards Woodward's term as state senator sea sen ator will not expire until 1938 however should he hein win in the Democratic Democratic Democratic Demo Demo- cratic nomination for governor he would have to resign from the legislature legislature legis legisa lature regardless Other Question Raised Mr Bennion's term in tho the legislature legis legis- lature laturo expires at the tho end of oC this year Meanwhile capitol captol observers re recalled recalled recalled re- re called that a 0 question had been raised regarding the propriety of State Representative Lyle B. B Nicholes Nicholes Nich- Nich oles Salt Lake count county over handling han hana dUng transportation for the state liquor control commission The att attorney generals general's office has been asked for tor an opinion on this question but none nono has bus been delivered delivered ered yet et However Hugh B. B Brown chairman of the liquor control commission corn coma mission said he saw no parallel between between between be be- tween the tho status of Mr Nicholes and that of ot tho two legislators He said that Mr Nicholes is not an em ema of ot tho the comm commission sion but merely is 13 interested in a a. corporation which is transportation agent for the corn coma mission