*1
The other members of. the court choose apply prospectively our decision and hold the conviction of the defendants can- concluding, it not stand. So should follow my opinion defendants should discharged.
be agreement
I am not Mr. Justice that the be
CROCKETT case remanded to permitting court
the district defendants to stipulation
withdraw the of facts and that
they required plead pro- in further
ceedings. of the other none members
Since agree with me that
court conviction jus- and since be affirmed the other
should as to disagree whether or not
tices we pro- directions as give to further
should constrained, pursued I am
ceedings to the results agree with of Mr. Justice opinion in this matter.
HENRIOD’S
Lynn Richards, Bushnell, S. Daniel S. City, appellants. Lake Salt for Callister, Jr., Gen., E. Atty. R. and H. R. Waldo, Jr., Atty. Gen., Asst. Lake Salt City, appellants.
WORTHEN, Justice. appeal is an declaratory
This from a judgment holding that X, Article Section 4 of the Utah Constitution establishes corporation as a constitutional free from the control of the Legislature, bodies, administrative commissions and agencies and officers of the State. Utah, College are Agricultural Univer- and the The action was instituted confirmed, rights, hereby and all its acting through Board sity of immunities, al- franchises and endowments against the named defendants Regents, conferred, defendants, pursuant granted heretofore leging that said hereby perpetuated man- unto said Univer- constitutional legislative claimed sity Agricultural College respec- date, exercise legal right asserted the tively.” management control over and derogation claimed prayed that a Utah rights Board judgment declaratory be made and entered Regents granted Article immunities, defining rights, franchises of the Constitution of Utah. granted, and endowments con- which are they claim the admit that The defendants perpetuated ferred and unto duty is their under that it allege right, Utah; X Constitution authorized enactments declaring that decree be made and entered by constitutional Utah Constitution that the of the State over, control mandate, to exercise power has no to authorize University. The de- of, the management to interfere with or to as- said defendants deny that the further fendants sume, any of the exercise or administer *3 X, 4 of the Con- was, by Article immunities, franchises or endow- rights, Utah, granted a status which of stitution plain- unto the ments and conferred the control of the it from frees control the management tiff in the and of commissions, and officers of bodies, agencies the defendants re- University, and that be the assert Defendants the State. assuming, exercising from forever strained by the subject bound to and is University powers administering any and acts and enacted and time from of Utah laws the management and interfere which authority of de- and jurisdiction property and affairs the the control of pursuant to the laws of exercised fendants University by Board Regents. Utah manage- and such control conferring questions The University. of said
ment The defendants admitted the substantial supervision plaintiff’s complaint and of allegations of the to control as raised complained of, legislative enactments but the claimed curtail- as to funds certain legality of enactments, the asserted the de- University will be powers of the ment plaintiff a corpo- nied that is constitutional of Article by our construction resolved plaintiff ration, alleged that of Utah which public the Constitution 4 of is a subject corporation and provides: to the laws of Utah , time enacted. by and establishment from time to location The “The defendants declaratory University judgment the pray that a existing laws en- rights the fixing to territorial University laws is the declaring tered the at the time status of and hound institution state adopted. Constitution was enacted. time to time Utah from laws of presented questions That the issues and the court submitted The issues were understood, deemed advisable fact, trial and the stipulations upon history plaintiff set out con- University is a decreed that court University in full detail. corporate, body stitutionally confirmed im- rights, all the perpetually vested with State of The munities, and endowments franchises incorporated by was instituted Deseret institution, power beyond the the territorial ap- of the State Deseret an ordinance bodies, all administrative Legislature, February 28, reading fol- proved commissions, officers of agencies, : lows curtail, upon, infringe Utah to State of Be it ordained “Sec. with or obstruct
abrogate, interfere Assembly of the State of General same, otherwise, or at enjoyment hereby That Deseret: all, assume, any jurisdiction or exercise incorporated, located at instituted University of the affairs over Lake City, the name and Great Salt Regents, powers Board of its State of title super- except control and Deseret. conceded
vision powers 2. The of the Uni- “Sec. Board of Education. State versity shall be in a Chancellor vested trial declared unconstitutional court Regents; and twelve number which treated the Universi- certain statutes Regents may be increased when institutions, requiring ty as other state necessary, who shall be chosen bills, preaudit of submission of work joint vote of both Houses of the deposit programs and of funds into Assembly, General hold their Treasury, including University funds years; office for the term of four credits. and dedicated qualified. their until successors quoted section is the effect of What “Sec. 3. shall be Chancellor power to act re- on executive chief officer of the Univer- University ? specting the *4 sity, and chairman of the Board of Regents. rights, what im- must determine We
munities, and endowments are 4. and franchises “Sec. Chancellor Board body Regents corporate, perpetuated unto the a sued; In and be to act as 4 of the Constitution. order sue Trustees of University, transact, resort question, this must be made or answer cause transacted, same, all business needful to of the as he shall be directed in ad- prosperity keep of the Regents; Board of and vancing may all useful and fine arts and accurate records of all funds that sciences; lands; procure keep to select and possession; come into his and his purchase buildings; erect solicit open inspec- and books at all times for the donations; abroad; agents re- send tion Regents, of the Chancellor and books, subscriptions; purchase ceive them, and any and of the Executive maps, charts, apparatus all neces- and Secretary of State. sary for the liberal most endowment Treasurer, “Sec. 8. The before any library, scientific institu- and office, entering upon the duties his tion; teachers; professors employ office, shall take an oath of and file by-laws, make establish of the branches approved security, a in the bond with State; University throughout the State, office of the Secretary of things do all other that fathers and the sum of one hundred thousand
guardians ought of the Institution dollars; conditioned for faithful do. performance duties, which his sum
“Sec. 5. The Chancellor and Re- may be increased at the discretion of may appoint Secretary, gents a the Executive of the State. his define duties. vacancy “Sec. 9. Should a occur in “Sec., Chancellor, Regents, Regents, Board of office in Secretary, entering upon before Institution, during the recess of respective offices, their the duties of Assembly the General the Executive office, an shall each take oath of fill vacancy. in the officeof Secretary file a bond duty “Sec. 10. It shall be the of the State, approved securities, with University, officers of the prepare not less than ten a sum thousand dol- books; open ready and be to re- lars, per- conditioned for the faithful subscriptions, ceive ap- donations and duties; their formance several propriations, on or before the sixth sum increased at the day next; April legibly discretion Executive of the upon books, enter their subscriptions State. University, and donations to the There shall be Treasurer “Sec. donors, the names of the time and elected same place, preserve the same. manner, and for the same time as the “Sec. 11. The Board of Regents; duty whose
Chancellors seal, safely to receive and shall have keep it shall be known as the seal of University, dispose University; the funds which may accompany *5 by Legislative the action As- correspondence, and all their official of sembly Territory Utah. given legal under all other documents “Approved (Em- October 1851.” Regency the hands the Uni- phasis added.) versity. name changed Its to the Univer- It
“Sec. 12. shall be the duty of the sity IX, by of Utah Laws of Utah Ch. Regents, and Board of Chancellor 1892, an act of legislature, the territorial arising soon as the from funds dona- 17, 1892, approved February as follows: may justify, to or otherwise tions by “Be it enacted Governor and a free school institution for establish Legislative Assembly the Territory orphans, and in- benefit other of Utah: worthy persons. digent “Section 1. The name of the Uni- Secretary Treas- and
“Sec. 13. The versity organized an ap- under act a full ex- present shall and urer each proved February 28th and laws situation, plicit report writing amendatory supplementary of and funds, University in doings and act, shall hereafter be said ‘Univer- by fif- departments, their several Utah,’ sity of and and with by said year, teenth in each of October name it constituted and continued Accounts. Auditor Public body corporate, perpetual a suc- 28th, (Em- “Approved 1850.” Feb. cession, have and use a added.) phasis seal, corporate by said name sue University was constituted a sued, contract and and be be con- by joint jure de resolution corporation with. It is vested with tracted all the the laws of Provisional legalizing credits, effects property, and fran- ap- of Deseret of the State Government chises,-and is subject to the con- 1851,by the proved Legislative October tracts, obligations and liabilities of the Territory of fol- Assembly Utah as corporation. existing : lows "Resolved, by “It take and hold to Legislative As- its use Utah, gift,' bequest, Territory purchase That devise real sembly by personal property and passed pro- moneys laws heretofore effects, by credits and or ex- government of State of sale visional proceeds receive use the Deseret, change not zvith and which do conflict applicable to Act,’ Territory, property its uses ‘Organic hereby It deemed specie. public shall be be, declared and the same virtue, and be corporation full force and laws and in legal, enacted, to time superseded until so remain shall from pointed biennially. A govern- elected relating ment, vacancy regent in the office of occurs property, and its credits Utah; permanent removal from exempt all taxes his effects act; incapacity his and assessments. acceptance resignation his University shall be 2. The “Sec. Governor, may, by and the Governor system of public branch highest *6 vacancy appointment, fill the for the Utah, and, as as far in education remainder the term and a of until suc- of and methods its practicable courses appointed is cessor or elected and sup- arranged to be shall instruction qualified. regent, Each enter- before in instruction plement and continue office, ing upon the duties his shall system, public branches other take an give official oath and to the complete and a to afford and with view bond, ap- a with sureties students thorough education a proved Secretary in litera- in science and arts both sexes penal sum of one thousand dollars ture, professional branches in and discharge conditioned for faithful its courses may included in as be duties, his and oaths and bonds instruction. shall filed the office of said government Secretary. regent No be direct- shall “Sec. its management ly indirectly any or and interested in con- board tract, in a is any affairs vested involving pecuniary compen- property and shall whom benefit, five of or regents, sation made nine or in behalf and, except quorum, University, a any or receive constitute office compensation the term provided, for his as re- herein services first on the gent, may commence but regents shall regent each be allowed appointment his expenses after day July next actual incurred in attending years meetings for six election, continue board or its and commit- or tees, appointed attending business of a successor and until authority under In 1892 nine qualified. and elected by the appointed, three of board or its committees. shall be regents “Sec. The regents appoint the time of shall hold office shall whom 1894, three July 1st one of their until number chancellor and he appointment July and 1st appointment until shall hold the hold years so shall two July 1st until so hold and until a is appointed, shall successor three he hold until a succes- also shall each shall act as chairman and and be the exec- qualified. or elected appointed They sor utive officer of board. shall appoint ap- secretary, regents shall be also who three be a After law, may before vided be examined who shall regent, and treasurer rejected unless found duties admission their may define regent ahe qualified upon the normal to enter require bonds prescribed by course of instruction thereof fix the amount University. normal Graduates duties. discharge of their faithful which, course shall receive a se- University to Bonds taken certificate thereafter, for the years term of five official discharge of the faithful cure shall be sufficient evidence of regents duties, copied in the shall be holder, without examination as to loss or book, case and in record scholarship, to teach in the common record bond destruction schools grade grades men- prima evidence facie shall certificate, tioned in the ap- and the Uni- the same execution contents versity provide for granting a shall regents record. pear degree graduates in the normal report to Governor a biennial make course satisfactorily who have ten taken during the first a course prescribed, of studies special) lead- session, (not days of each (cid:127) ing degree, to the degree and the ex- condition, income showing the be sufficient evidence of the holder preceding end of the penditures thereafter teach in schools, the common an additional year, with fiscal *7 without examination scholarship. as to end of affairs from of its statement December year the 31st fiscal “Sec. 6. school for deaf mutes Legislature, meeting of the prior shall department remain a of the Uni- and income estimates versity separated until therefrom, as the fiscal remainder expenses for may provided be by law. fiscal two ensuing year and for military department, “Sec. 7. statements other with such years, organized, as now shall be continued may they deem as recommendations until the end of the year academic useful. 1894, and thereafter it may be June shall normal school be 5. The “Sec. or abolished, continued or continued continued, department Uni- as a as to certain classes with exemptions, sexes, of both versity, for students classes, to other as regents may may ex- its course of instruction deem best. period years of four or until tend to and its course shall include 8. A course of studies graduation, pre- “Sec. teaching regular university practice in paratory instruction courses length maintained pedagogy. Students selected for for department, pro- regents normal now think it necessary university meetings; fit students for for the distribution of the university business of the to commit- courses. tees; for an executive committee of pre- in the Instruction “Sec. majority five of its members a of whom normal, regular univer- paratory, quorum shall constitute having actual sity shall courses be free to powers of the ordinary board in the fee but an entrance residents of business of the between residents, ten dollars for exceed meetings of the board. dollars, fifty for non- and not to exceed required, Utah, may be residents of employ “The appoint board shall regents fix a reasonable and the a President of University, and em- special studies charge instruction in for ploy provide employment for the courses, and regular not embraced in employees. all instructors and They No postgraduate instruction. may provide for the organization aof partisan political, religious or sectarian faculty of the instructors of which the taught or inculcated doctrine shall be President shall be the chairman and political University, no officer, executive they may commit required as a religious tenet shall be faculty management instructor, student, any qualification of instruction, and control of and the University. employee officeror powers exercise of such regarding the examination, admission, year the Uni- classification The fiscal “Sec. and instruction of students as the re- hereafter commence on versity shall gents may proper. deem All contracts 30th July end day of on 1st hereafter made with instructors and year, and biennial day in each of June employees, other whether for a definite maintenance appropriations for time, indefinite shall be years two be- be for the deemed to termination at time at the will of July day next the 1st on ginning the regents or their made, executive commit- un- after the tee when in their judgment the interests proper specified,and the less otherwise university require it. may be drawn from pro thereof rata Utah, quarter yearly the Treasurer of University may 12. The grant “Sec. advance, warrants. on Auditors degrees, to students who have satis- *8 completed regents adopt factorily any The pre- of its “Sec. repeal, study, from time to time courses of scribed and it by-laws them, special a grant and therein also honorary or add amend organization degree any provide for emeritus member former board; special faculty, its long its or eminent fo.r provisions. other other laws in conflict with its University, service in the hut no provided: Section 1 honorary degree granted. shall he of said act That 1835, 1836, 1841, name of 13. Sections of the State of Deseret “Sec. period should eight “University lines of thereafter last and the 'Utah.” Compiled Laws of 1845 of the was constituted and con body tinued relating corporate all other laws to the perpetual provi- with the conflict succession. It was prop vested with all the erty, act, hereby credits, repealed. of this sions effects and franchises existing corporation, take “Sec. This act shall effect subject to all contracts, approval. from the of its obligations date and liabilities of the same. “It shall be public deemed a “Approved February 1892.” corporation subject and be to the laws of (Emphasis' added.) Utah, from enacted, time to time relating Appellants contend that the only rights, purposes its : government immunities, franchises and endowments language Respondent contends that perpetuated to the University were the body corpo- constituting rights prior adoption which existed to the succession, perpetual and declar- rate with of the Constitution as rights those were public deemed a ing that it should be conditioned, limited and circumscribed corporation, rights perpetuated by the were legislation. territorial Constitution, but that words: “and rights, that Respondent contends Utah, subject he to the laivs time from immunities, franchises, and endowments enacted, relating to time Chapter IX, granted in Laws of 1892 freed part government” were not a limitations from conditions and vested in immunity, right, franchise or endowment University to the same effect as if no perpetuated by and were not the Constitu- condition or limitation had been included in ,. tion. . . . .. legislation. the territorial Appellants contend the language: called on decide which is not court This subject "and he laivS better, or a an autonomous 'of enacted, relating time to time pur- to its University. It controlled legislatively government,” poses and conditions every effect proper to the lan- give duty to our immunity, right, franchise and endowment and the ter- the Constitution guage Chapter IX, mentioned Laws question. bearing on statute ritorial part the words are parcel and that franchises and rights, imtmtnities* rights. t Respondent claims must endowments IX, Chapter Respondent, Laws of urges set : found words “and (cid:127) repealed from, That Utah,- herein. act to. the full all be laws out of. *9 X, lege enacted, respectively.” to its Utah Article relating to time significance Section 4. are of no government,” and Assembly the had Legislative the since University “The location of repeal corporate right to amend Minnesota, by existing as established rights granted without privileges and other confirmed, laws, and said hereby is right. The that express an reservation hereby to be institution declared arises, why the 1892 did question then the State of Minne- quoted lan- Assembly use Legislative immunities, rights, All sota. unnecessary? must We if it was guage and endowments franchises heretofore that it was Assembly knew that the assume granted hereby are conferred repeal the act amend or empowered to perpetuated university; unto the said rights. for its respondent relies upon which and all granted lands which be declaring language that We believe by Congress, hereafter or other dona- be University should university purposes, tions for said shall to time enacted from time the laws of vest in the institution to in referred purpose of Section was used VIII, this section.” Minnesota Article intended, appears to have been what doing Section M.S.A. University subject to To make to-wit: to time enacted. location “The the laws of Utah laws, existing Idaho, by as established our attention Respondent directs rights, All hereby confirmed. of Minne- of the Constitutions provisions immunities, franchises, and endow- identical observes and Idaho sota and thereto ments, granted by heretofore protects phraseology constitutional are Idaho Territory hereby Minnesota, Utah. Idaho and Universities university. the said unto perpetuated our have set out Although we regents shall have The it out again set herein, shall we university, supervision of and provisions of the constitutional along with direction of all the funds control respondent: set out Idaho Minnesota to, of, the univer- regulations sity, establishment under “The location university No prescribed law. lands laws existing College for less than ten be sold dollars Agricultural shall acre, confirmed, per and all subdivisions not hereby are sixty acres, en- one hundred and immunities, exceed rights, franchises person, company corpo- one or con- dowments heretofore IX, perpetuated unto ration.” Idaho Article hereby ferred, added.) (Emphasis Col- Agricultural Departments thereof, created tuition in the of Minnesota was several corporation by Chapter regulated prescribed Ter- Laws of ritory Regents; note Board of of Minnesota M.S.A. and as soon as in their opinion, 137.01, preceding which declared: the income of section the University fund permit, will tuitions in all of Depart- By “Be It Enacted ments shall charge be without to all students Assembly Territory Minne- of The Of same, who are residents of the Ter- *10 sota, ritory.” “the that act declared 4 of the Section provided Section 13 that “the Regents as University shall be of this government they may soon as expedient, deem shall Regents who of twelve in Board vested a procure a suitable * site for the erection of shall be elected buildings, they may proceeds of that “the provided 2 Section proceed to the erection of the same as soon granted be may hereafter all that land may provided as funds for that purpose, Territory for the to the the United States plan plans after such may or approved as University, remain shall be and support aof by a majority of said Board.” fund, the ‘Univer- be called perpetual Fund,’ which shall be the interest of sity provided Section 15 that “the Regents are support a Univer- of appropriated expend authorized to portions sity fund, provisions which act, of this may come control, under their they may provided Regents that “the of expedient deem for the erection of suitable University and their successors in buildings, purchase and the apparatus, of corporate, office, body constitute a Library, and a Cabinet of Natural History; style ‘Regents the name and with selection, and the management Minnesota,’ right with control sued, lands, such, being suing and of con- which may he granted hereafter with, tracting being contracted by Congress for the endowment of said seal, using a common making and and University, hereby vested in the Board pleasure.” altering the same at Regents.” Regents power gave the Section 9 provided: Section 20 Legislative “The duty enact it their "to laws made for Assembly may any time, at alter, amend, University” government author- modify repeal this act.” (Emphasis appoint professors them to ized and “such added.) they may expedient.” officersas deem
other provided Supreme that “the The admission Court Minnesota in the charges fee to the for case of “State ex rel. University of Minne- by the Con- 3, University of Utah vested Chapter considered v. Chase”1 sota said: 1851 and Laws Territorial of Utah. stitution in the State reserved to “Section 20 observed It should be further alter, assembly any right at the Univer- Regents Territorial Act amend, repeal the act. power not sity given of Minnesota were ‘body amade were regents “So Act Utah Territorial granted govern; power to corporate’ 1892. 4 Words control. power is, the Act the Territorial Section 15 of applied As Phrases Ser.] [1 selection, provided Minnesota that “the manage power of is the corporations, lands, management of all and control under University continued ment. granted by Congress hereafter be coming until the act University, is here- endowment of * *” * (Em statehood Regents.” by vested in the Board of ) phasis added. power given No such that the held then Court Minnesota of Utah under the Territo- by Chapter Territorial powers rial Act of 1892. Minnesota, 1851 were confirmed Laws areWe likewise constrained to the view beyond by the Constitution perpetuated that Section 20 of the Minnesota Act alter, Legislature to amend power of providing: Legislative Assembly “The repeal. any time, alter, amend, repeal at modify or *11 result and con- agree cannot We equivalent this act” provision is not to the by the Minnesota court reached clusion contained in IX, Section 1 of Chapter Utah here. follow should Territorial Laws in the Act of October of differences Utah Territorial made The should Note provision Arti- 1851, above. set out contained a similar to the sections constitutional act, in the Minnesota provision declaring' of the Constitution VIII, 4 Section cle all lands which the laws of State of Deseret "and should provides Minnesota Congress, by superseded or force “until by full remain granted bemay hereafter pur- university Legislative Assembly action of the donations other for Territory Utah.” The the institution Territorial vest shall poses, referred Assembly added.) upon acted rights 1892 (Emphasis this section.” to in X, University and changed in Article its is found name and language No public it corporation to be a In fact as declared Constitution. “sub- our observed, to the laws of ject the lands time to time be hereafter will enacted, relating to support purposes its Congress granted 951, 953. 1. 175 Minn. 220 N.W.
government.” holding The Minne- would be persuasive. more only The sota court persuasive would be more if placed limitation on the University of the Minnesota Act of 1851 had declared Minnesota original its charter was Sec- University of Minnesota shall be deemed tion which reserved to the Territorial public a corporation subject and shall be Assembly the right any at alter, time to to the laws of Minnesota from time to time repeal amend or the act. The charter did enacted. not make of Minnesota in purposes its by Chapter of the Minnesota Ter-
But government subject to Laws of ritorial the laws of Minnesota from time to time not in its Minnesota was powers enacted. The granted to Uni- subject the laws of government made to versity of Minnesota its 1851 Charter time enacted. Minnesota from time to were not or added to amended in re- spect statehood, before and the right re- only contains The Minnesota act Legislative Assembly served to the alter, alter, amend, power reservation of amend, modify repeal expired by modify repeal. is in the Section 20 own terms when the State of Minnesota by the Ter- right nature of a reserved came into existence. Thereafter there was Assembly abrogate rights ritorial alter, Assembly to amend Legislative no Whereas, provision granted. in the Legislature. repeal, but a State 1892, making Territorial Act of Chapter provisions of IX of" our subject to the laws of Utah from enacted, of 1892 created a quite Territorial Act concur- time was different. powers, .granting part parcel rent condition language was powers granted are limited public corpo- creating act grant Act did The 1892 condition. ration. It in effect declared this is the only subject abrogation as was powers rights are the status and these Act, rights rather static, Minnesota they they but are not case condition, subject to a the laws of Utah were from time rights that were these conditioned It in effect to time enacted. declared the public corporation, perpetuated by Article University is a but not a corporation Legislature. above It Utah Constitution. subject to the
always be laws of Utah. A should observed further distinction Enabling Acts and certain between the IX, Chapter Laws of Had 1892 used the *12 provisions Utah and Min- of constitutional language used in the Minnesota Territorial nesota. Act, and had no amendment been made to statehood, reasoning
it before 11 Enabling Act of Utah Section was The 'schools, Supreme Court by colleges, and uni- provides: “The used Minnesota of the Idaho IX Article of Section Act shall in this versity provided for for- Constitution, of Min- like the Constitution control the exclusive under remain ever * * X, Article added.) nesota, and unlike (Emphasis State, Utah, vests extensive the Constitution the Constitution 5 of Article Regents of the power in the proceeds provides that: “The of Utah super- given They were Idaho. Act of by an sale of lands reserved and the control University, vision of the 1855, 21st, February approved Congress, of, ap- the funds and direction of all University of for the establishment University. propriations to the Act granted an all lands and of established was of Idaho The 1894, 16th, approved July Congress, Moscow, the Ter- the act of at Idaho funds, safely permanent in- to be constitute 30, The January 1889. ritorial State; the in- vested and held government act vested the exclusively for come shall be used thereof regents were Regents. Board of support maintenance of the dif- records, books, custody given “the colleges, respective- ferent institutions and property Uni- of said buildings other requirements ly, accordance were versity.” Regents The Board Congress.” and conditions said Acts govern- laws for the to “enact authorized (Emphasis added.) branches, University in all ment of the Enabling In marked contrast to Utah’s * * collection act ordered the Enabling Act and Constitution are the Act tax, which, levied annual when so anof and Constitution of Minnesota. The Min- to Uni- collected, appropriated “shall be Act, Enabling provides: nesota subd. § Fund, versity Building to remain seventy-two “That sections of land shall the Board Treasury orders of apart set the use reserved * * (Emphasis added.) Regents; support a State university, repealed amended be- The act was not VIII, Section 4 of the Constitution fore statehood. provided that “all Minnesota lands which No- Constitution ratified The Idaho Congress, hereafter may be vember 1889. university pur- for said donations other Dreps v. Board'of In case vest in the institution poses, shall referred Idaho,2 the University of Idaho (Emphasis added.) section.” in this quoting of Article after Section 10 Court Enabling Minnesota Act nor Neither Constitution, said: IX of the provides Constitution Minnesota University shall forever remain under provision foregoing “The of the con- approved of said State. stitution, control exclusive ratified and Idaho, P.2d *13 state, power granted. condition to As to the people definitely fixed the 4, X, meaning of it musí location of the Idaho as Article Section existing established and then conceded that the section related the laws immunities, rights, immunities, provided, ‘All rights, franchises endow- and franchises, endowments, and existing ments to law which made the heretofore granted territory thereto University subject to the laws of Utah from perpetuated Idaho are hereby unto the time enacted. said university’. By provision this Respondent IX, suggests that Article act, territorial creating university Section 10 of the Idaho Constitution prescribing powers, and duties X, have been a model for our Article authority of the Regents Board of was Section 4. The first sentence Idaho written corpo- into the constitutional Constitution, IX, Article Section 10 is sub- university fully rate charter of the as stantially X, the same as our Article Sec- if it as had been set length out at tion 4. Section 10 of IX of the Article ” * * * the constitution. (Under- provides Idaho Constitution further —“The scoring added.) regents general supervision shall have the apply If the language we of the Idaho university, of the and the control and direc- case, this the Utah Court Territorial of, appropriations tion of all the funds 1892, creating Act of to, university, prescribing powers, Utah duties powers grant Regents to the authority Regents, Board of argues of Idaho strongly for the
written into corporate the constitutional automony University. of that But charter the University fully of Utah as adopt failure to the second sentence of as it had been length set out at in the if IX, Article Section 10 of Idaho’s Constitu- Constitution. part X, tion as a our Article Section 4 IX, Chapter If Territorial'Act strong argument that the is a framers of length be considered as set out at Article Utah Constitution did not intend to X, Constitution, Section 4 of the Utah Regents in the Board of vest the Univer- words, subject Utah to the laws of sity general supervision “the of Utah part time to time are much a enacted university, and the control and direc- X Section Article of the Utah Constitu- of, all funds to, tion of Chapter IX, tion as language other university.” Territorial Laws of Utah 1892. The framers of the Utah Constitution The language, “subject laws of specifically declare, failed as was done enacted, relating from time to time Idaho, to its government” that the contained should be vested with the control management act of was continued as a expenditures university of all from the in the institu- failed to vest Minnesota,
tion, lands to be did interest fund.” Congress. Michigan Constitution university It no may be observed 8—-“The shall have the board has been held be freed from supervision college, con- language control where the identical agricultural direction and control of all Con- tained in Article funds; perform college and shall . found, Every stitution is without more. prescribed other duties as law.” *14 university to be which has been held Constitution, VIII, Minnesota Article language autonomous in the Constitu- has 4, provides: (heretofore out.) Section set granting tion like Idaho and Minnesota IX, Constitution, Article Sec- Colorado powers X, in not contained Article Section 14, provides: regents of tion “The board 4, Utah Constitution. supervision general of shall have appears re- following statement university, and control the exclusive and spondent’s following brief: “The institu- of, all direction of funds and corporations tions constitutional : Uni- are to, university.” versity Michigan; Michigan of State Col- IX, Constitution, Section Idaho Article Science; lege Agriculture Applied of (Heretofore out.) set 10— Minnesota; University University of of 6, 1907, Colorado; Idaho; Article University of Oklahoma Constitution Oklahoma Agricultural Agriculture Uni- of College; and Mechanical Section 31—“A Board versity California; University composed eleven hereby of of of created be Georgia; members, farmers University shall be of Utah.” all of whom * * be maintained *. Board shall Said wherein states The constitutions and shall government, part a of the State located, respecting said institutions said affecting jurisdiction over matters have colleges, are different universities reg- quarantine industry animal animal X, from Article Section substance form ulations, Regents the Board and shall be Constitution, carries 4, and each Utah and Mechanical Agricultural of all State provisions granting control and specific discharge such other Colleges, and shall university regents of the management compensation as and receive such duties Congress vesting lands provided law.” be proceeds thereof and other dona- or the university. IX, tions Article Constitution California of California 9—“The Constitution Article Michigan l public trust, a to be regents constitute ad-' 8,' provides: “The board of shal corporation" supervision existing general the ministered have shall Regents as’'‘the university, the direction and control known 'and organiza- group powers corporations men- constitutional California/ full to such government, subject only respondent tioned tion and when exists there necessary to legislative control as be differences between the Utah Consti- en- compliance tution insure with the terms of provisions the constitutional af- security university fecting dowments other universities mentioned. ** * corporation of its funds. Said If the of the Utah Constitution framers and the legal shall vested with the title create had intended to disposition prop- management and corporation, com- constitutional held erty property university pletely legisla- and free from autonomous amended (As for its benefit control, why tive it is difficultto understand S, 1918.) (Emphasis added.) November language con- such as was used in the Constitution, VIII, Georgia Sec- Michigan, stitutions of Minnesota and Par. 1—-“There shall Board tion other constitutions referred University System Regents of used. control, Georgia, government, and the Had the framers of the Utah Constitu- University System management of the “respectively” tion added after in Article Georgia and all of its institutions Regents Section 4: The Board of system be vested in said Board of of Utah shall have University System supervision and the di- ” * * * Georgia. expenditures rection and control of all *15 be further that the It should observed University Fund, from the Interest All or 13, 1850, of Michigan Constitution Article may lands be hereafter 6, provided for the election Congress, or other donations for said Uni- Michigan; the of of Regents versity purposes, shall vest in the Universi- 1908, Michigan the Constitution of and that Utah, presented of we would be ty 11, 7, provided the elec- for language supporting respondent’s argu- Agriculture; State Board of the tion of ment. Colorado, Article of Constitution and the That the framers of the Utah Constitu- 12, provides for the election IX, Section adopt tion language did' not similar to the the of Colo- Regents of of of Minnesota Idaho, constitutions even in- distinguishing further those rado, thus though the Convention had before it the Utah, from the
stitutions
constitutions of those states is evidence
appointed by
Regents are
the Gov-
whose
result
that
different
was intended. Re-
ernor.
spondent
heavily
relies
on the University
Michigan
supporting
constrained to
view that
as
the argument
We
into
for like
in
brought
of Utah is not
result
instant case. The
“ * * *
thus
having
did
The state
the Utah Constitution
framers of
power
lawmaking
found in
its whole
that
committed
language similar to
adopt
excepting
as is
Constitution,
legislature,
though
even
Michigan
expressly
impliedly
or
withheld
Michi-
had been held
language
that
constitution,
has
it
state
federal
the Uni-
constitute
gan court in 1893 to
plenary power
civil
cor-
Michigan
versity of
a constitutional
Therefore,
in the ab-
government.
legislative control.3
poration free from
restraint,
sence of
constitutional
opinion
are, therefore, of the
We
express
implied,
legislature
X, Sec
in Article
language
that
used
sphere
upon any subject within the
act
Utah,
so clear
is not
Constitution
tion
* * * and,
government
Uni
that
created
it can be said
it
that
inquiry
ques-
an
directed
whenever
is
corporation com
versity a constitutional
constitutionality
tioning
a leg-
Rath
control.
from
pletely freed
enactment,
him
it is for
who
islative
er,
that
view
are inclined to the
we
invalidity
that
it
to show
asserts
Universi
failed to create
language
forbidden.”
is
corporation free
ty a constitutional
Spence
in
case
v.
This court
accept the
we
But if
legislative control.
Agricultural
pages
College,5 at
.ambiguity
some
present
that there
view
page 22 of the
P.R.
112of 119
at
opinions,
justification for diverse
and some
observed:
interpre
sources
to other
we
look
“
*
it would re-
Accordingly
clarify
instrument.
tation
pronouncements
positive
quire
find
we would
that our
before
mind
Constitution
must bear
We
of the Constitution-
the members
grant, but one
that
not one
Constitution
forever close
intended to
al
Consequently,
order
Convention
limitation.
subsequent
right of
on the
in edu
door
restricted
body be
the legislative
matters,
number
increase the
it is
legislatures
all other
as well
cational
re
trustees.
imperative
firmly
impli
established
by necessary
“A doctrine
expressly
stricted
jurisdictions
most
is that
This
laws
itself.
Constitution
cation
is in no manner a
constitution
v.
state
Kimball
case
Grantsville
court
solely
power,
operates
grant
City said:
1, 4,
45 L.R.A.
P.
4. 19 Utah
3. Weinberg
v.
Watson,
See, also, Parkinson
v.
4 Utah
*16
603.
Michigan,
56 N.W.
Mich.
97
191,
291 P.2d
2d
104,
the case of ”* * * apply practice. it in court said: “ * * * construing su- In C.J.S., In 16 Title Law Constitutional law, meaning the fram- preme 33, 72, it page is said: § must be ascertained from whole ers “Subject to the limitations discussed instrument, and, purview of the section, in the preceding a contem- section, particular construing a poraneous legislative executive con- or to other refer section court to, is struction entitled and will be provision to what was the or ascertain given, serious consideration purpose, object, intention of the determining courts meaning adopting makers in such Constitution ambiguous provision, an constitutional * *" * section. policy, as a matter of both also presumed repre- because it ambiguity is no as to the' IÍ there sent the true intent of the instrument. powers; and its status In doubtful cases such a construction uncertainty no the cont is if there should, will, ordinarily be fol- University; any) if all' on (if rols lowed, manifestly unless it is errone- of the Constitution are provisions Reasonable, said, ous. and it has been powers as to those and con crystal clear wide latitude should be allowed the contemporaneous or trols, extraneous then department legislative in interpreting may not be resorted to. But construction So, provision. a constitutional where mean ambiguous are or their words if the provision a state constitutional is sus- provisions clear, if several not ing ceptible of two reasonable construc- susceptible the basic instrument tions, legislature the action of the meanings or con possible more two or adopting one those constructions is out structions, proper is to look then it sometimes deemed conclusive.” to ascertain what itself the instrument side C.J.S., Law, 16 In Title language used. Constitutional framers meant 34, 74, page it is said: Law, § C.J.S., Title Constitutional 16 In acquiescence by people “Long is said: page § judicial construction meaning an determining the “In provisions of constitutional is entitled provision the ambiguous constitutional weight with the courts. great may properly extrinsic aid seek courts contemporaneous uniform legis- “A giv- the construction ascertaining executive construction of time its lative con- provision at the en adopted provisions, by those whose stitutional and since act- adoption P. n ed mutes, relating to the school for deaf acquiescence on with omitted from 1896 law. In Sec- years, entitled many people for declared, courts, tion of the 1896act it was weight with great * * however, construction, *. Such public “It shall corpo- be deemed a controlling, and necessarily ration and be to the laws of pro- direct, unambiguous plain, State, this to time enact- cannot a constitution visions of- ed, relating govern- by practice or modified or amended ment, long contin- custom, matter how no' *18 ” The 1896 act * * vested the control * ued. University in a board nine regents; contemporaneous con- There is abundant provided the same number for in the 1892 4, incon- X, Article Section struction of act. in contradiction direct with sistent passed act unanimously This was in fact, both University. In the position of the Legislature the houses of and the records observed, brought to was action heretofore show that 11 members the Constitm that substantial declare the court have present were tional Convention in the 1896 to since statehood enacted legislation Legislature and all voted for this act.7 It objection by the no has been which there apparent is delegates that these to the power beyond the University, declared be Constitutional Convention did not feel re- enact, notwithstand- Legislature to the 4, strained X Section Article over acquiesced for University has the ing Constitution. It is further disclosed most legislation now years with certain .50 the records that 10 of the 11 in the 1896 objected to. criticized Legislature had voted the the after session the first In Article, finally Education adopt- itas was Constitution, and within the adoption of the framers of the Constitution If ed.8 state, became a Utah after months a few Legislature the re- intended that be had 83, Chapter Laws enacted was there the relating in to Uni- strained matters University and its with dealing 1896 to versity, it is difficult understand the stipulated this that It was management. delegates to the of these Consti- silence virtually a reenactment was objection act But no tutional Convention. herein) without (set out full law that, 1892 which declared to act voiced present ac- far as so change should laws material to 6, from time Utah This concerned, enacted. except Section tion Proceedings 395; 1896, Constitutional p. 8. Conven- II Senate Journal House 7. tion, p. 264, pp. 1896, Journal members unanimously with not one of containing other enactments act aiid State, Con- who had been Constitutional words, “subject laws of this to objection. the ones voicing enacted” time to time vention complains. University now about which attitude on the Nor we find different do Anno- 38, Utah Code 75-4-1 to part was exhibit- than 41, Code 1943, 53-31-1 now to tated ed of the Consti- the former members amend- act as the 1896 Annotated tutional who were members Convention sec- following date and contains toed statehood. of the first after tion : years University has never For over control, point independent raised the university
“53-31-2. The period accepted dec- during but has now this state subject to laws of 1, Chapter laration contained relating enacted existing or hereafter Laws of “should be sub- government.” its ject the laws of and has this State” upon chap- rely this alone need we Nor acquiesced complied leg- in and Chapter legislation. ter of purpos- relating enactments its islative directed Universi- of Utah 1896 Laws es government. the treasurer of Regents and ty Board of fact, In University by counsel its has turn over the State adopted past position, contrary moneys of Land Commissioners all Board present position, recognized legis- pos- indebtedness in their evidence of lative control. arising their control out or under session *19 of lands within this sale of the In the case of State ex rel. of Candland, to an the referred of This act act Utah v. State Board of State. Land “ * * * creating Commissioners,10 and Legislature question presented the 1896 powers duties of the defining the and State was whether a enactment direct Commissioners, providing ing Land Board of the Board of Land Commissioners to location, selection, appraisement, the for convert certain investments of the Universi sale, ty permanent man- rental and of protection, Utah land fund into cash State, public lands of the pay and the agement to the same toward erection of Campus the the building of funds aris- on investment a central the for and lands, leasing and was unconstitutional because it the sale from increased ing * * Chap- beyond in referred to the the The act debt constitu Chapter is Laws The 119, through tional limit. Laws of its ter Varian, passed counsel, Chapter 119 C. S. a member was 1896. p. 683; 285, 287, L.R.A., 10. 104 P. Senate 36 Utah Journal House N.S., 1896, pp. and 609. Journal ap are all tuting governing its board Conyention, who and one Constitutional pointed by with the con the Governor adoption of Section voted senate, regu and the board sent of the reads, that since the contended it now X as larly reports to the Governor. More directing a law passed had over, corporation prop holds all the in- proceeds of said pay to defendant erty merely. prop-, In University, trust that defendant vestments fact belongs the state Utah. We erty challenge the con- position a was not seriously contend think no one will as defendant had stitutionality the act 'University since, corporation styled duty perform ministerial only a “ power authority, has the Utah’ through Legislature, state ‘the the state enacted, without consent is regularly hy of this law means Utah, property. dispose any property’ its own dealing with legal the naked title to the build While court held that added.) The (Emphasis paraphernalia may ings and be vested to he a debt debt, although purporting is, nevertheless, corporation, it reality a debt of University, was Utah, the state held in trust for The hence unconstitutional. the State obliged to hold and use which is Utah, of 36 at pages 425-426 at court said purposes. it for school maintain The of 104 P.: page 293 ownership state, “ is thus in the real * * * University of university property destroyed is if the institution, the use given as a state any cause it is the loss act, while mentioned the fund state, of restoring burden and is obli- the debt assumes the state should, must, upon as it fall the state it is true that pay it. While gated provide must large. at state also corporation and thus university is necessary funds to conduct and a limited legal entity constitutes university by the maintain the same provisions all yet, when capacity, and in the same manner that means to and law, way relate which in some other state institutions maintained. university government affect are, per The state trust funds now together, and construed are considered always be, entirely haps will insufficient corpora- very clear it made purpose.” (Emphasis added.) for this designated the of Utah tion passed statutes have been relating Other pur- exists for the sole created and government, conveniently governing pose more mentioned without should be extensive educational conducting the institu- discussion. ‘University.’ The uni- tion called act institution, 3 of the 1892 set out (a) Section here- clearly a versity is state *20 provided Regents that the Board of in con- members consti- treated, is so since 432 Chap- IX, year (d) Chapter 1892and terms. Laws of nine members with six
sists of 83, 1896, provided 83, 9) 1896 ter Chapter (Section Laws of Utah Laws of Section of3 36, Chapter preparatory, that instruction normal provisions. the same in contained regular provided regents university be free to resi- of 1911 for courses Laws Secretary Regents dents of Utah. The author- addition to the were 133, terms, Chapter four-year charge Laws ized to an residents while entrance fee to the Univer- not to exceed of 1945added the President of and to non-residents $10.00 sity Alumni as an ex officio not to exceed They Association were authorized $50.00. special made no ob- to fix charges member. The has reasonable for studies post jection Legislature graduate in and to the action of the instruction. Since fact, regents; legislation increasing the number of has been regulating enacted through this action was instituted amount of student tuition fees. Like- wise, laws have been regulating board. enacted (b) Many passed disposition since the tuition, statutes have been of the fees and which, 30,-Laws giving by Chapter 1915, of certain restricting statehood were study mandating giving required deposited courses of to be in the State Treas- 1905, By 133, ury Chapter monthly. Laws of of others. prohibited was from includ- (e) By Chapter IX, Laws of 1892 and horticulture, ing agriculture, in its courses Chapter 83, Laws of Utah the Uni- veterinary science, industry, animal domes- versity empowered was to draw from the (except in tic science and'art connection quarter Treasurer yearly in ad- course). In with the normal 1921 c. vance on proper auditor’s warrant the pro prohibited was from award- rata of its appropriations biennial main- for science or ing degrees domestic art. In By Chapter 53, tenance. Laws of Utah required c. to 1899, amended the former instruction in Constitution of the give by providing laws that the board of control States.
United each state institution must requisi- make IX, Chapter Chap upon Laws 1892and tion (c) state auditor for a warrant 83',Laws of 1896authorized the sufficient pay ter Univer amount to the audited bills for special honorary previous sity “grant or emeri month. up From 1899 until former member' of degree the 'Board of tus required were fa'culty, long requisition or' eminent’service in the to warrants on the University’s University,' biennial no other by submitting veri- honorary degree but However, Chapter 103, fied itemizations of bills for 'granted.” previous authorized the td month. Laws honorary, degrees “persons who Attention should be called
grant to some of the e ” (cid:127) worthy early the sam . oL enactments concerning the *21 except by University in order consent with the government previous its Re- State Board Examiners to determine if the incurring contracting 4 as such gents interpreted any for should he inter- respondent indebtedness. now contends preted. “Section unlawful for 4. It shall be page Utah 1897 at
Chapter 65, Laws of the State Auditor to audit or draw for Univer- provides appropriations for any warrant payment State claim sity as follows: against State, appropria- unless an tion has been made for previously such “Appropriations purpose, by or unless law. authorized “To the of Utah: bills, vouchers, “Section 5. All “For for maintenance statements claims other evidences years ending two academic June State, against indebtedness for much so thereof be any money herein, appropriated .$73,000.00
necessary be filed with the Auditor State before “Provided, officer or member that no warrants are drawn for the payment faculty University, for said thereof. during all State service rendered to paid the term shall be herein named 11th, “Approved (Em- March 1897.”
any salary $2,500.00per excess phasis * * * added.) annum.
“Section 2. Auditor is The State Regents accepted appropriation required authorized and to recover into and, may assume, expended we it without Treasury unexpended all bal- State objection protest. No was made that the by appropriations made ances Legislature powerless was to tell the Re- year Legislature first State for what salaries gents might paid. No legal chargeable after all claims objection was made to the directive to the appropriations fully to the several to recover into the Auditor State Treasury satisfied, discharged and and to bal- unexpended balance of the several on ance accounts his books Legislature the first made State for the by charging crediting same objection year No made to the appropriation account. contained in declaration no It shall unlawful officer or State board any “Section for (cid:127)State instihir n any officer board any State or State tion State should incur or contract excess, the., any of the State incur or indebtedness in institution con- for ap- any provided, propriations except for indebtedness in therein tract excess appropriations herein provided, the consent of the (cid:127)of State Board of Ex- soon provided that as further The act incurring or contract- previous aminers permanently locat- Utah is indebtedness. ing for the lands Congress, ed the site on contend in 1897 didn’t Regents occupied buildings “now owned and they did they officers, nor were not State pur- university educational indebted- right to incur their contend that conveyed duly to the state poses, shall be by the Con- granted them right ness was a Utah”; Board of thereupon the Legis- power of the beyond the stitution and take was directed Land Commissioners lature to interfere with. possession of lands charge and were days early In those premises be sold buildings could until to leave disposed to tell *22 pro- the then the and credit sell same any taking They weren’t them alone. the of obligation the the ceeds of sale on Claus. offending chance on Santa Land Com- Regents to the State Board of provided Chapter Utah Laws of $100,000men- for the the missioners loan of University to the estab- the for removal of tioned. Congress. by granted on the site lishment protest The did not Regents to Regents the and directed It authorized against required uni- being to turn the old as nec- thereof $200,000, much expend or so versity to the Land Com- site over Board of plans, procure plat grounds, essary the They did then contend missioners. equip furnish buildings, necessary erect the buildings belonged the land and Uni- things other acts do all the and to same by versity any Legis- the free from control University of necessary the establish lature. premises certain on those provided Chapter Laws of Utah 1901 the United States the Congress of the bi- succeeding for for the University of Utah. appropriated $75,000 to ennium. The act the State directed authorized and The act the of Utah for mainte- Commissioners, speedily “to of Land Board years, including nance for State School two univer- of the investments sufficient convert It and the Normal Mines School. cash, permanent land fund into sity of Utah appropriated per- also the interest on all the same, well pay once and at University Mining manent land fund of the re- hereafter be hand or cash on School, and State Normal School that was fund, re- such to the ceived, belonging to appropriated $57,000 also on hand. It for university until gents of Mines building, a School heating, hundred thousand dol- equal one furnishings payments plumbing, and for ensuing two appropriated provided in years. an ad- It Section 3: lars.” purpose be unlawful any set out “It shall for for $100,000 state ditional any state board officer institution act. any ated to the for with view of contract incur or in the state to covering deficit, appropria- amount of the excess indebtedness supplying means except for maintenance provided, herein tions of the during the state board institution calendar the consent By incurring year, calculation, examiners, an error previous however, only $13,500 given was any such indebtedness.” toward contracting for $16,000 adjourn- debt. Since the 5: provided in It ment the last session the Legisla- vouchers, hills, statements “All ture, the University Land Fund has of indebted- other evidences claims or been the custody transferred from state, money for against ness Regents to that of the State Board herein, filed with shall be appropriated Commissioners, of Land in accordance the warrants before Auditor the State provisions law; ivith the and the payment thereof.” drawn for amount between the difference required Chapter of Utah 1897 Laws actual appropriation and the deficit of Examiners before Board approval $2,500 made to meet deficit, has grant funds could be land income from taken been the maintenance from fund treasury used withdrawn provided (Emphasis 1896.” added.) University. recapitulation request was as January Board On follows: report for of Utah made report year addressed 1896.11 The “Recapitulation Assembly Legislative Governor present summary “We here a It stated: of the State of Utah. University,’ needs to meet *23 report “The made this Board last appropriations are asked: a full statement of the deficit contained unexpired part “1. For the the to meet the that had incurred been year, current academic 1896-97: school, and the operating expenses of borrowing in the action Board
the sum Thousand Dollars Sixteen duly
from its land fund account was an- appropriation
nounced. An was asked good repay make to this deficit and to appropriation an “For this immedi- the land fund loan. The Governor rec- needed, ately expense available is or the appropriation, the money ommended such on interest to be borrowed Assembly appropri- Legislative of 1896 should added.
11. Public Documents 1896. City Lake ings center Salt in the period covered biennial For the “2. $18,542,095 plant physical the sum of worth years, 1897-98 the academic 30, 1952 balance as reflected 1898-99: June the University; since the sheet of Univer- grant seen fit to the Legislature has sity million dollars for an additional two purposes. building personnel officials and Regents, The early years after state- grateful indeed for the benef- were hood legislatures, early during of those icence buildings, for which teaching staffs enlarged new schools made, without which were eminence it have failed to attain would University enjoyed and enjoys. now dependence Legisla- on on its thrived chooses ture, lately change. It it seeks but independence, which in- that to declare (Emphasis added.) had, which has nev- never has stitution action, been' er, prior of this report bringing re- nothing There was years acquies- indi- After these 50 quest January, 1897 asserted. Regents this sudden they it is difficult understand cating were cence contention independent control. quest or that Legislature to control of the proud powers people of given Examiners Board of University; its progress their constitutional made infringement great were an glowing are a tribute rights. Every history and attainment biennium since statehood Regents, the Presidents the Fac grant has seen fit to Univer- it sity, guided along glorious ac- has seen fit to that have its ulties cept money its donors and substantial sums from as well course In last furnished the general legislatures tax funds of the State. funds have years appropriation anything its Nor there growth. from the to IS alone assure appear which should support fund to maintain the made to cause alarm style any. it must has be- concern It be conceded that years early accustomed has amounted to over had those come its asserted addition, independence Legislature, In million dollars. grown that it attained since statehood from three build- doubtful would have a stat- *24 has
437 united; its in- ure which that would induce to declare State’s investment dependence. buildings grounds, Agricultural at the College wasted, be would that the State was in Nothing arguments and debates support able to two colleges, that educa- Constitutional Convention on public institutions should not be centralized article, particularly, on (X) tion and more City. Salt Lake express- view was This it was suggest that con- tends to Ricks, Thorsen, ed delegates Squires, Legisla- that delegates sidered Preston and Roberts. prohibited ture said article would University, except respect acting in When an amendment to Section 4 was and establishment. in matters of location proposed finally which made it read adopted, the purpose whole the1 amend-1 convention thought entire ment suggested by was as Mr. B. Hi Rob Agricultural respect to the ' (cid:127)' erts, proposed who it: uniting question them’ on the College was ques-' separate, them and on leaving this, [With amendment} delegates were aware All location. tion of say uniyersity “we shall that Legislative As problem the 1894 agricultural, college as established At the matter.12 sembly had discussed confirmed; hereby existing laws a bill was in of the Governor suggestion is, university the location of the andi Assembly Legislative in the 1894 troduced agricultural college hereby confirm 3 locate 'the the two institutions join 1 ed.” City. In Laké at Salt new expression A clear of Mr. Roberts’ intent educators, in professional convention (Article ~X) connection with Kerr, Jasper and Dr. William Dr. cluding page will be on found Conven convention, Maeser, delegate's to the Karl G. Proceedihgs, tion wherein he advocated the Talmage, to ex invited E. Dr. James adoption of an amendment relating views, supported consolidation on press his establishment branches of the State Nor efficiency economy. Some ground mal at School locations elsewhere than the matter should left the whole argued . University: at the main school This view was voiced Legislature. with the Snow, delegates: Good following “ * * * so that the Legislature Richards, Varían, and Chidester. win, only would be restricted in these mat- argued that of consolidation ters of educational affairs to Opponents femove agricultural college would be overshadow- subjects main agricultural university subjects department if schools were fróm 'the by classical ed pp. Journal, 13. II Convention Constitutional House Proceed- 12. 1894 . p. ings, *25 438 give the location only ture to with interfering this convention location that ” * added.) the two institutions. and establishment of (Emphasis
them. an ex- can proceedings in the Nowhere to respondent have failed Counsel for Legis- the that found intent be pression of any protest in the call to our attention prohibited from forever should lature by against press, resolution or otherwise with the dealing any matters acting in respondent by legislation complained of the government purposes and the constitutional being as of violation location. and except establishment its University. the rights of created 104, of Utah Chapter Laws lawyers, Constitutional George including of work investigate to a commission Sutherland, Supreme late Justice of and College Utah of the Agricultural Court of the States, United did not feel commission The University of Utah. restrained Section 4. The investigating duty of with charged was title, bearing bill “An Act relating to work duplication of thoroughly the the University Utah, of Providing for its College Agricultural Government, Powers and Selection, ascertaining the Utah; of University of Duties, Powers and Officers, of its Author- to consider duplication of such cost izing Regulating Endowments thereof elec- submitting advisability Repealing prior Inconsistent Laws” to Sec- amendment an this State tors was first introduced in the Utah Senate the Constitution X 4, Article tion George Sutherland.14 finally The bill as the consolida- providing of Utah State 83, enacted Chapter became Laws Utah College of Utah Agricultural said tion of 1896, stipulated was as counsel University Utah. and said being IX, Chapter re-enactment Ter- years after nine ritorial Laws of and which declared interpreted adopted, was the Constitution that the University subject should be to inter- prohibiting X as 4, Article Section the laws of this State from time to time in- two location ference relating enacted its gov- to section. in said mentioned stitutions ernment. any Legisla- that indication no There Senator Sutherland was not restrained entertained to 1905 ture Article X. He did con- was that doubt slightest above the Legislature, sider pur- control subject to Legisla- 11 members of but with Leg- But the 1905 government. poses been who had members ture Con- practical construction give a did islature Convention, recognized Legisla- stitutional that the limiting 1896, p. 195. Journal 14. Senate the Uni- this attached laws of powers the Board restricting the versity time enacted. time to State from void; unconstitutional Regents are towe were the result Let us consider carry empowered University that the Uni- accept respondent’s contention. pro- expansion building and out its own held trial court versity contends supervision any control Leg- gram without including Building Board. part on the of the State Examiners, Finance islature, Board short, Board and its In defend- named Department the other given they have been contend control, or audit check have no ants expend them to enabling University, a blank check whether money used super- funds; any semblance all funds without or dedicated appropriated funds *26 keep the vision control. University entitled to the that expend and it free in its own bank same X, 1 our Constitution Article Section control, except post any review or provides: only (but post are valuable audit audits provide for Legislature “The ; that the history) matter of as a maintenance and the establishment authorize out of state schools, public system of a uniform University employees pay for and travel all children open which shall previous approval same without there- State, from sectarian and be free by (yet the Board Examiners for added.) (Emphasis control.” State, Governor, Secretary Attorney X, Article Section our Constitution and all other state officers General must declares: previous ; approval) obtain such that public “The system school shall in- University is not to laws enacted kindergarten schools; clude common by Legislature, and the statutes so de- schools, primary consisting of and unconstitutional; claring are that the Uni- schools, grammar grades; high an versity is authorized to draw from the college; university, agricultural quarter of the State of Treasurer Legislature such other schools yearly in advance its biennial legislative may establish. The common schools maintenance, whereas, appropriations departments shall be free. The other legislative other all system supported shall be pre-audit procured only approval after ” * * * provided by law. defendants; or all of some that the University may unexpended retain all it be contended sur- Would X, funds, pluses 1 it might from all and that under Article Section Legis- that power compel appropriate no has to order such lature sur- out, a,py pluses money essential? closed that condition considers of the that the Is 'contended that the demands has a blank check as to University'are subject to constitutional pre-audit funds with no and no re- so, respondent have provisions debt If would straint limits? under the of the Con- power solvency destroy stitution requiring the safely State to in- State all other demands institutions vest hold the dedicated-'funds and mak- beyond power ing to meet. guarantor public of the State school against funds loss or diversion. To hold X, provides: Article respondent that has free and uncontrolled proceeds “The sale of lands custody and property funds, use of its by an reserved Act of Congress, ap- making while the State guarantee said 21st, proved February 18SS, for the against funds loss or diversion is incon- establishment of ceivable. We believe that the framers of all the lands granted the Constitution intended no such result. approved an of Congress, July Act Appellants respondent agree- that 16th, 1894, permanent shall constitute interpretation put we on Article funds, safely to be invested and held X, Section 4 will determine the ques other State; and the income thereof presented. tions It has urged not been exclusively used sup- shall be for the respondent that if the University is sub
port and maintenance of the different ject control colleges, respectively, institutions and complained of are enactments invalid. requirements accordance with objection Respondent’s the Legisla and conditions of said acts Con- power had to confer Boards, ture no on the gress.” authority Officers the Commissions of our Constitution and control supervise the University. declares: *27 complaint is no made against Since the de public “All Funds School named, except the fendants that duties by guaranteed against the loss State performed them being are in violation or diversion.” respondent’s rights of constitutional be It is inconceivable the Legislature that framers the legally cause could not in provisions light Constitution in authority the said defendant with vest to in upon rights S of Sections the fringe secured the Con provision limitations, stitution, the as to debt in- it objections must follow that the place respondent tended to the above the to the complained 'of as acts only people 'for controls available the fall reason must conclusion herein;- property, management as this State to'the that reached is a government University. corporation public power We are not above the respondent’s position control, unable to reconcile to and is subject substantially or change its nature time or to this laws of corporate respect to its gov- function. With relating (cid:127)enacted to its existence, beyond power it is status ernment. importance legislative control. remanded judgment reversed and independ- desirability high degree of of a judgment with directions to set aside function, internal ence of academic declaratory judg- entered and to enter a freedom, unquestionably recognized by in accord- ment favor defendants here the founders. We concerned expressed, opinions herein ance with the any question with of interference with the respective parties their own bear corporate operation existence or the costs. any manner institution that would sub- stantially university. alter its function as a McDONOUGH, in result. J., concurs C. question A different would arise should .HENRIOD, J., in result. concurs legislature so, deliberately attempt to do act capriciously or so arbitrarily with WADE, subject limitations J., concurs respect budgetary mat- CROCKETT, expressed opinion as that ters such would be the effect of its J- Fortunately, action. we are not faced problem, anything does nor
CROCKETT, Justice. confronting here any ap- us rise give opinion I concur prehension that we will Justice be.
WORTHEN, ap adding this It comment: regula- present statutes Under pears purpose to have been of the con University is con- about which tions stitutional founders to continue the Uni that in- cerned, whether question is versity public corporation permanently. as a legisla- stitution below, Except to the extent stated doI supervision as budgetary control and tive problems not believe that now con government. departments of state are other require any fronting us further refinement the latter deals with as this case Insofar upon the contention of that University is agree I question, corporation, constitutional is “a it be re- whether control subject to such juristic person known to form highest corporation” “constitutional garded law, except the itself state Assuming that it is a con- otherwise. it does not neces- corporation, undoubtedly require change in stitutional would
It completely free it is University sarily follow to abolish the Constitution General, 37; N. 167 Mich. 5 Auditor similar brief, pp. Respondent’s Court, language Mich. Board W. used v. Michigan *28 corporate right fixes its which indeed from control its cre- he But existence Constitution. powers are still Its here contends. phrase “by qualified by existing by, lan- ation is in, and circumscribed found upon existing nature laws which its laws.” The by which it created. guage entity was based in origin is rooted turn legal constitutional corporation “public “The loca- recited language: constitutional Utah, laws subject existing laws tion and establishment [to] * enacted, relating to time to its are government,”3 which confirmed, purposes and seems hereby rights, immuni- and all clearly it was ties, indicate franchises and endowments hereto- conferred, hereby legislature, territorial per- fore control ** legislature. petuated by the state consequently unto said IX, L. of Utah Now Ch. Utah Constitution. 3. Sec. 53-31-2, U.C.A.1953.