Show Giles GUes Refuses ToFile To File Boden Ouster Opines Code of State Stat Requires ires Day 60 I Wait Walt lefore Action Atty Auy tty Gen Grover A. A Giles Gnu re refused refused re- re fused Saturday to institute immediate immediate imme imme- diate ouster proceedings against Roscoe Bo Boden den contested Democratic Democratic Demo Demo- cratic commissioner of Salt Lak Lake county In an opinion to County Atty Edward M. M Morrissey the tho attorney attorney ney general said the pro proper er time Um for quo warranto proceedings would be at the end of a day 60 period set by Sec See 1 0 of ot the e eUtah Utah code He also ruled that Commissioner Boden Bodens salary could not be Withheld withheld withheld with with- held until the expiration of at that period Giles Giles' Opinion L I Tarn an am if it I should commence quo warranto proceedings proceedings proceed proceed- ings tags against Mr Boden within that time such proceedings would proceedings would be declared Immature Atty Gen Giles said eald in his written statement statement state ment I am of ot the opinion that Mr Boden Is l lawfully holding the office office office of of- fice at rat the present time and will continue until the provisions of 1 0 became I Sec See 74 1 0 operative U The The reference law states Whenever a person duly elected fails taUs to to qualify for tot such office within 60 days days- after the date of beginning of the term of office such office shaU shall thereupon become vacant vacant and and shall be filled as prescribed pr scribed by low Impatient Republican leaders fretted at the Implied delay The PIe law never zever ever I r requires q ires a anything any anye y thing useless or absurd fumed M Mr Morrissey y The uThe day 60 period is for the tho benefit of a man who is o for example Who wh ho is haying ha difficulty In fp raising hf his his' sur surety ty bond bond Why h wait 60 days for a dead man to TheN The he heco co ty attorney tto y- y said his order to th hold Commissioner up up CoMmissioner Bodens salary would 1 B h in hadj i better etter man the the cO ty au f for tor-nis tor his pay he said observing tha that then we would get the matt matter r Into the supreme court I Republican County Chairmen Chairman n J Ji A. A i who called Mr r Mo Morrissey into conference ce i soon soo after the attorney gen generals general's eral's released d said only I only that the county executive committee agrees whole whole-hearte ily with Mr MorrIssey's Interpretation Uon of the law Proceeding g Proper roper Mr l Giles GUes reaffirmed however that tha the ouster proceedings would be proper and can be instituted if n no other action has been taken on the case within the two-month two interim He referred to the Ute possibility pos pos- of legislative action or a a. Third district court ruling in a complaint filed by Mr Morrissey The county attorney asked the attorney general for state intervention intervention intervention inter inter- earlier this week after Mr Boden den h had d. d post posted d b bond nd to remain in his year two-year commission post which was to have been filled by a Republican BA A. A who died before re taking office Note Antagonism An antagonistic und undercurrent has marked county commission proc proceedings eding since the newly elected elected elected elect elect- ed officers took over oer last Monday Mr Bod Boden n and d holdover GeorgI George Georg Georgew I W. W Morgan org 1 give the D Democrats control o of of the commission with Robert L L. Cranmer r as the sole G GOP 0 P member S Atty Giles Giles' agreed with the theRe Re Re Republican Republican publican interpretation of the corr correct cor cor- r ct procedure for filling the disputed die dis post as reflected in Mr s district court corn com plaint that the two remaining c commissioners should choose a aG aG aGOP G GOP 0 p p. appointee before Feb 6 with the appointive power p pass passing ing tag along to Gov Herbert B. B Maw if rno no action is Is' taken within the stipulated time The governor would then be required to fill the theoffice theoffice theoffice office within an another ther 30 d days days' ys |