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Show SUNDAY, APRIL 28, Utah Ctounty, Utah SUNDAY HERALD 1&C3 11 ;PEk3 filG Former Judge Says I eachers Have No Couri: Test Su to Right Strike, ggests Will L. Hoyt' of Nefihi, former to take action which is calculated the point. "9. That if there is no substan Judge of the Fifth Judicial District or intended to hinder or cause a Court for many years, Saturday stoppage of any lawful function or tial doubt ai to the illegality of declared that Utah Teachers, as operation of government. the threatened strike, then an Im to no mediate application should be a have have "2. That they public employees, legal right to a made to a proper court by the Atto of threaten strike nexffall, resign or right appeal for redress Their action, he said, constitutes an unlawful attempt to coerce the representatives of the people into accepting the opinion of UEA instead of relying upon their own Judgment as to the financing and operation of the schools. Judge Iloyt made the statement in "an open letter" addressed to the Utah Education Association, the State Board of Education, boards of education of Utah, and Gov. George D. Clyde. The former Judge asserted that if there is any doubt as to the illegality of the present threat of a teachers' strike, then the question should be immediately resolved by application to a court of competent jurisdiction for a declaratory" judgment to decide the point. And if there is no substantial doubt as to the illegality, he said, then the attorney general or the state board of education or a local board should take court action to enjoin the threatened strike. The text of Judge Hoyt's letter duly-elect- ed follows: "The present controversy rela tive to public school finances, and the present actions and threat of action by the Utah" Education As soctation appear to me to involve .vital legal and constitutional ques and questions of ethics which should be of great concern to the people of Utah. By reason of this opinion, I take this means of calling attention to the follow ing points: . and "I sincerely believe think that members of the .bar and judges and citizens general ly will agree to the correctness of the following propositions: "1. That public employees do not have the right to promote or conduct or encourage or aid strike against the government or FRIDAY 9 TTDtO. PUVL ""X I XS'-- : Ms. grievances, but not the right to act in concert to disrupt the operation of any necessary or proper function of government. "3. That public school teachers are public employees and as such are bound to refrain from any concert of action which will hind er any lawful governmental func - tions torney General or the State Board of Education, or by a local board of education to enjoin the threatened slrike. "10. That In view of the wide disagreement between the UEA on the one hand and the governor and many legislators and school board members as to tacts ana tion.".' figures involved in the present "4, That operation of the public school controversy, it is proper schools Is a necessary and vitally and greatly aesiraDie tnat a laci- Important function of government. finding body such as is authorized of Utah Code, 1953, "5. That the present threat of the by Sec. to make an im called be upon to Utah Education Association and mediate report as to study of the hinder or stop operation financial to the facts Gov schools the unless the public pertahjing tne for puouc ana needed tne support ernor, tne Legislature local boards of education accede schools, the quality of education to the demands of UEA for in heretofore and now prevailing, creased school finances, consti- and the ability of the state and the tutes an unlawful attempt to local districts to give increased fi coerce the duly elected repre nancial support. "11. That it Is improper for the sentatives of the people into ac State inUEA of the Boardj of Education, local opinion cepting stead of relying upon their own boards of education, district' sujudgment as to the financing and perintendents of schools, or public school teachers to delegate or apoperation of the schools. "6. That public employees, in- pear to delejgate to CAPS or any cluding public school teachers, do other organization or person to not have a legal right to delegate speak or act officially for them. "12. That it is the duty of each to others, or give powers of at of the State School member torney to any person or organiza a local school board, of or tion, to act for them in matters Board, of and each superintendent of pertaining to their duties as such schools to refrain and teacher public employees.- That such from authorizing any person or powers of attorney are Illegal and j unenforceable. orgaization to speak or act for urv him. That any attempted delegaand "7. That, it is unethical tion of authority to CAPS or UEA to to coerce lawful or attempt coerce any teacher orpublic em or to local teachers associations ployee lo join in any concerted ac is unethical and improper. "13. That public school teachers tion calulated to stop or hinder the operation of the public are charged) with the high responschools. .'". sibility of teaching, both by pre"8. .That, if there is any doubt cept and by example, loyalty to as to the illegality of the present law and respect for constitutional threat of a teachers'strike, then government. that question should be immedi- - "14. That the present attempt to atly resolved by application to 4coerce the governor, the legisla court of competent jurisdiction for ture, and weal school boards, to a declaratory judgment to decide (See FORMER JUDGE Pare 12) MsB AY m. m i' w i Values IFeatfHi?s 53-1- -p Full 4-P- Free ALLSTATE Tiro Rotation Cord Tires ly Modern Tread Designs Factory and Laboratory Guarantee High-qualit- MILS? ATE HS - at y Law Prices No Money Down Expert Balancing Testing Tire Nation-wid- e Fleet Testing . i l r x $3l1 vmy v :," Rfyl torn - v. V ' ' , 94 SPY Cj Full 4-P- 6.70x15 ly ;: Blackwall Tires e Tube-Typ- ' v : . 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