Show bubli u 8 OPEN TO RELIGION attorney generals opinion declare ecclesiastical teaching Is within aar law directors of irrigation district declared ineligible for the tlc alc legislature salt lake jan 29 the teaching of religion in tho the public schools of utah is not against the law according to an opinion given yesterday by harvey cluff attorney general the opinion was given in response to a question asked in a letter by V M kelly of oasis tho the letter was received by dr george thomas state superintendent of public instruction and referred by him to the attorney general in submitting his opinion mr cluff refers to section 4 of article 3 of the state constitution which reads the legislature shall make laves 1 a for the establishment and maintenance of a system of public mc schools boole which shall be open to all the children ren of the state and be free from sectarian control reference also is made to section 1848 compiled laws of utah 1907 which according to mr cluff was repe repealed by chapter 78 session laws of utah 1915 this section reads law repealed in 1015 no atheistic infidel sectarian religious or denominational doctrine shall be taught in any of the district schools of the state moral instruction tending to impress upon the minds of the pupils the importance of good manners truthfulness temperance purity patriotism and industry shall be given in every school of the districts and all such schools shall bo be free from sectarian contri coap ol s at the present time the opi opinion filon states we do not know of any such law on our stat sta euto the provisions of the constitution requiring that tho public school shall be free from sectarian control do not in our opinion mean that religion shall not be taught in the public schools wo we believe the reasons for repealing the law as 03 it stood in 1915 1916 were among others that the bible and religious doctrines might bo be taught in the public schools if desired of course it does not mean such teaching shall be confined to the doctrines of any particular denomination or sect or that any of the students should bo be compelled to listen to such teaching 1 yet we do not believe it is against I 1 the law to teach religion in the public schools of our state today other opinions given two oilier opinions ODIn tons were given out by attorney general cluff yesterday one having to do with eligibility to serve as a member of th estate legislature and the other with the widow mothers pension fund in the first opinion tho the question was asked ie Is a director 0 of an irrigation district ineligible Inell giblo to servo serve as a member of the legislature mr cluff declares that he be is unable to find that the state of utah has passed on an the question as to whether or not an ail irrigation district is a public corporation and its officers public officers the supreme court of california however according to mr cluff has repeatedly held that an irrigation district Is a public corporation and its officers public officers mr cluff quotes several cases in which this has been held he concludes with the following opinion in view of the above it is my opinion that an irrigation district is a body corporation and its officers public officers and thata that a director or other officer ot of an irrigation district would hold a public office of at profit or trust of the nature contemplated by section seven of article six ot of the constitution ot of utah widows fund limited the other questions propounded to the attorney general were as to whether or not the board of county commissioners has the right to replenish the widow mothers pension fund from the general fund and as to whether a member of the board of county commissioners has tho the right to perform labor on the county road and receive the same pay as other laborers these last two questions were submitted by cr 0 warnick commissioner county mr duff cluff holds in the first instance that the board Is authorized to set aside each year for the widow mothers pension fund in counties having a population of less than the board cannot set aside a greater sum than this in one year but it the board sets aside a sum less than and the fund becomes exhausted during the year he is of the opinion that the board could replenish it from the general fund in any amount ahat hat would total the amount allowed by law or in the second matter it is held that a laborer op a a county road Is not an officer as is a commissioner and that therefore long as the two positions are not incompatible with each other a commissioner may work as a day laborer on the county road if it employed by the county commissioners or a county supervisor acting under the board and receive pay as a laborer and also his pay as a county commissioner the attorney general suggests however that a road supervisor employed by the county commissioners might not feel like ordering and directing a member of the board as one of his laborers labor ers and that therefore both might be working to a disadvantage through such employment |