Salt Lake Telegram | 1937-12-08 | Page 1 | Court Studies Test Case on Fund Measure

COURT STUDIES ! TEST CASE ON FUND MEASURE College, Hospital Are Involved in Action The question of legislative intent in-tent in appropriating funds for a new Carbon junior college at Price and an addition to Weber college at Ogden, was taken under un-der advisement by the state Supreme Su-preme court Wednesday. Arguments were heard on a test suit brought by Attorney General Joseph dies and seeking to force the building commission te proceed pro-ceed with work on the two project. proj-ect. Although not Included in the suit, ths controverted state tuberculosia sanitarium will be affected by the decision, aince funds for it are provided pro-vided in the aame act appropriating appropriat-ing money for the two colleges. College Threatened The building commission refused to proceed with the sanitarium, on the grounds the appropriation was insufficient. Then it was discovered discov-ered wording of the appropriations act may threaten the two college undertakings. S. D. Huffaker, deputy attorney general, arguing in behalf of the suit, held that the 1933 laws gave the governor wide powers to undertake un-dertake construction programs. The legislative intent clearly waa to furnish fur-nish atate funds, since it cannot appropriate federal funds, he aaid. Asserted ambiguity Is that the act does not make clear whetner the 1330.000 set up for the two colleges col-leges and sanitarium includes P W A grants. (27400 Granted The 137 legislature, which appropriated ap-propriated the college money, also appropriated $27,000 to operate the Carbon college, ahowing intent for the institution to be operating by the 1V38 school year. Mr. Huffaker argued. He waa joined In his arguments by Frank Hansen, Price city attorney, attor-ney, and Marl D. Gibson, county attorney of Carbon county. John D. Rice, deputy attorney (Continued on Pas Tn (Column Five I COURT STUDIES FUND LEGALITY (Continued from res One) general, opposing the suit In behalf of the building commission, argued the commission was not trying to delay construction, but wanted clarification of the law. Intent Questioned He argued Intent of the legislature legisla-ture was uncertain. Also appearing in the hearing were Oeorge M. MilleTi Price t-torney t-torney and former state senator: LeRoy B. Young, counsel for the Ofrdcn chamber of commerce, and William H. Reader Jr, attorney for Weber college. Meanwhile. Governor Henry H. Blood received three treasury checks for the three projects. They were for 35 per cent of estimated total cost. Checks were for 345,632 for the sanitarium, 136.440 for the Weber college addition and 163,450 for the Carbon college. The governor still was awaiting reply from P W A for a requested extension of the December 34 deadline dead-line for beginning of construction.