OCR Text |
Show iteliouse Report Tesf Suit on Money Operations To Bs Filed by State Auditor By C. SHARP I;, to Auditor Sherman J. tvo will file suit soon to : constitutionality of the Finance Department. twee believes that the "liskitiire has violated the 'o's constitution by "Yon-mlly "Yon-mlly sibtraetiittj duties for A,-ly performed by the nndi-i,and nndi-i,and transferrins;' them to n.m-ek'fed offieer." dttp 2!) years the Finance C'lxu-tment has been prepar-' prepar-' the payrolls and hnnd-r hnnd-r financial records of the Gov. C:lviiD L. Rampton agreed March 19 to pay up to $2,crfl from his emergency f.uui for legal counsel to Swpare and prosoeute the test suit for Preece. Territorial Days Since territorial days, Treeee said, the auditor has disbursed public funds and kept the fiscal re-cords, lie believes that the Constitutional Constitution-al Convention intended that these duties should be retained retain-ed by the auditor. Precce's ideas thus contradict contra-dict those of many political theorists and others who want to relegate the state auditor audi-tor to oblivion in favor of appointive officers. "In any event a curt ruling on powers of the auditor is needed to provide guidelines for the Constitutional Revision Revis-ion Commission in proposing my changes it may find de-sireable de-sireable in duties of the auditor," audi-tor," Preece said. Freece's decision to seek a court decision follows ot the heels of two important decision by the State Supreme Su-preme Court. One held that the Board of Examiners could exercise fiscal controls over the University of Utah. Money Management The second decision made earlier this year held that the Money Management Act of 1969 (infringed iipora constitutional consti-tutional powers of the state treasurer. Third District Judge Joseph that Utah's new liquor laws that Utah'h new liquor laws are constitutional. He granted summary judgement judge-ment to Wiis effect. Former Atty. Gen. Phil L. Hanson, who represented 27 private liquor locker clubs, had challenged constitutionality constitutional-ity of the laws and sought injunctions to prevent their enforcement. Appeal Certain Hansen said Jeppson's decision de-cision will be appealed to the Slate Supreme Court wrhich will have to make the final decision. One of the former attorney general's contentions was that the laws were unconstitution-fel unconstitution-fel because they permitted search of private clubs without with-out search warrants. The Liquor Control Commission Commis-sion has sought to bridge uncertainty un-certainty on this matter by requiring re-quiring applicants for private liquor locker club licenses to agree to inspection, by peace officers without warrants. war-rants. Deputy Atty. Gen. Robert B. Hansen (no relation to the former 'attorney general) obtained ob-tained the summary judgement judge-ment after Phil Hansen had failed to file briefs in the case after the court had granted grant-ed two extensions. Collection of state reveune since July 1 is rurminSg $1.8 million ahead of estimates, Leo Memmott, legislative analyst an-alyst reported to the Legisla-. Legisla-. tive Budget Audit Committee March 12. |