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University of Utah V. Board of Examiners of the State of Utah Et Al : Brief of Appellants Utah Supreme Court

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University of Utah V. Board of Examiners of the State of Utah Et Al : Brief of Appellants Utah Supreme Court Brigham Young University Law School BYU Law Digital Commons Utah Supreme Court Briefs (pre-1965) 1956 University of Utah v. Board of Examiners of the State of Utah et al : Brief of Appellants Utah Supreme Court Follow this and additional works at: https://digitalcommons.law.byu.edu/uofu_sc1 Part of the Law Commons Original Brief submitted to the Utah Supreme Court; funding for digitization provided by the Institute of Museum and Library Services through the Library Services and Technology Act, administered by the Utah State Library, and sponsored by the S.J. Quinney Law Library; machine- generated OCR, may contain errors. E. R. Callister; H. R. Waldo, Jr.; Attorneys for Appellants; Recommended Citation Brief of Appellant, University of Utah v. Board of Examiners of the State of Utah, No. 8457 (Utah Supreme Court, 1956). https://digitalcommons.law.byu.edu/uofu_sc1/2509 This Brief of Appellant is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Utah Supreme Court Briefs (pre-1965) by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. ··- 411 .UNIVERSITY UTAkl J 06 I 3 0 1951 LAW LiBRA~ In the Supreme Court of the State of Utah UNIVERSITY OF UTAH, Plaintiff, vs. BOARD OF EXAMINERS OF THE Case No. STATE OF UTAH, ET AL., 8457 Defendants & Appellants, STATE BOARD OF EDUCATION, __ ....,_ ~:~,~~··, Intervenor & Respo~e'llt·j_ L l£1 L]i fEB Z ::\ y.:;::;u ---------~-C;;,_~rt. ; ·· ". BRIEF OF APPELL~ANTS- E. R. CALLISTER, Attorney General, H. R. WALDO, JR., Special Assistant Attorney General, Attorneys for Appellants. r J AA ROW ,AESS, SALT LAKE Sponsored by the S.J. Quinney Law Library. Funding for digitization provided by the Institute of Museum and Library Services Library Services and Technology Act, administered by the Utah State Library. Machine-generated OCR, may contain errors. TABLE OF CONTENTS Page STATEMENT OF FACTS .. 1 STATEMENT OF POINTS ..... 4 ARGUMENT .................................. 6 POINT I. BY OUR CONSTITUTION, THE BOARD OF EXAMINERS HAS DISCRETIONARY AUTHORITY TO APPROVE OR DISAP­ PROVE ALL EXPENDITURES OF THE STATE BOARD OF EDUCATION 6 A. The Jurisdiction of the Board of Examiners . 8 1. Generally . 8 2. The Jurisdiction of the Board of Exam­ iners Includes Claims of State Officers for Salaries Not Fixed by Law . 15 B. The Discretionary Authority of the Board of Examiners . 18 C. The Constitutional Powers of the Board of Examiners Cannot Be Restricted by the Legislature . 22 POINT II. BY STATUTE, THE BOARD OF EX­ AMINERS HAS DISCRETIONARY AUTHOR- ITY TO APPROVE OR DISAPPROVE EX­ PENDITURES OF THE STATE BOARD OF EDUCATION . 27 POINT III. THE COMMISSION OF FINANCE, AS AGENT OF THE BOARD OF EXAMIN­ ERS OR BY STATUTE, HAS POWER TO AP­ PROVE OR DISAPPROVE EXPENDITURES MADE BY THE STATE BOARD OF EDUCA- TION . 28 Sponsored by the S.J. Quinney Law Library. Funding for digitization provided by the Institute of Museum and Library Services Library Services and Technology Act, administered by the Utah State Library. Machine-generated OCR, may contain errors. TABLE OF CONTENTS-Continued Page POINT IV. THE COMMISSION OF FINANCE IS AUTHORIZED AND REQUIRED BY STAT­ UTE TO APPROVE OR DISAPPROVE ALL APPOINTMENTS OF EMPLOYEES MADE BY THE STATE BOARD OF EDUCATION, INCLUDING EXPERTS AND SPECIALLY. QUALIFIED PERSONNEL . 39 POINT V. THE DUTY OF THE BUDGET OFFI- CER, UNDER THE DIRECTION OF T'HE GOVERNOR, TO APPROVE OR DISAP­ PROVE WORK PROGRAMS SUBMITTED BY THE STATE BOARD OF EDUCATION, IS CONSTITUTIONAL . 41 POINT VI. THE STATE BOARD OF EDUCA­ TION IS NOT A FOURTH BRANCH OF STATE GOVERNMENT . 45 POINT VII. IN DISPUTES BETWEEN STATE DEPARTMENTS, THE ATTORNEY GEN­ ERAL HAS DISCRETION TO REFUSE TO APPOINT COUNSEL . 50 CONCLUSION 53 AUTHORITIES CITED 137 American Law Repo,rts 818, Annotation . 51 House Journal, 1941 Regular Session . ...... 28, 29 Proceedings Utah Constitutional Convention, Vol. II, 1152 ........ 25 Proceedings Utah Constitutional Convention, Vol. II, 1153 . 25 8enate Journal, 1941 Regular Session .......... 28, 29 Sponsored by the S.J. Quinney Law Library. Funding for digitization provided by the Institute of Museum and Library Services Library Services and Technology Act, administered by the Utah State Library. Machine-generated OCR, may contain errors. TABLE OF CONTENTS-Continued Page CASES CITED Bishop v. State Board of Corrections, 16 Utah 478, 52 Pac. 1090 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ° 0 ° 0 0 0 0 25 Bragaw v. Gooding, 14 Ida. 288, 94 Pac. 438 0 ° 0 0 012, 17, 20 Campbell Bldg. Co. v. State Road Comm., 95 Utah 242, 70 P. 2d 857 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ° 0 11 Cardisco v. Davis, 91 Utah 323, 64 P. 2d 216 0 0 0 0 0 0 0 0 25 Chez v. Utah State Bldg. Comm., 93 Utah 538, 74 P. 2d 687 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ° 042, 51 Curtis v. Moore, 38 Ida. 198, 221 Pac. 133 0 0 0 0 ° 0 ° 0 13 Dall v. State, 42 Utah 498, 134 Pac. 632 0 0 0 0 0 0 0 11 Davis v. State, 30 Ida. 137, 163 Pac. 373 0 ° 13 Epperson v. Howell, 28 Ida. 338, 154 Pac. 621 0 0 14 Gem Irr. District v. Gallet, 43 Ida. 519, 253 Pac. 128 0 0 13 House v. Creveling, 147 Tenn. 589, 250 S. W. 357 0 0 0 0 28 Industrial Comm. v. Price, 37 Ariz. 245, 292 Pac. 1099 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 037, 41 In re Flint, 25 Utah 338, 71 Pac. 531 0 0 0 0 0 0 0 0 0 0 0 0 25 Ireland v. Riley, 11 Cal. App. 2d 70, 52 P. 2d 1021 0 0 0 0 38 Kroutinger v. Bd. of Examiners, 8 Ida. 463, 69 Pac. 279 14 Marioneaux v. Cutler, 32 Utah 475, 91 Pac. 355 0 016,20 McCormick v. Thatcher, 8 Utah 294, 30 Pac. 1091 18 Pyke v. Steunenberg, 5 Ida. 614, 51 Pac. 614 0 0 0 011,20 Reeves v. Talbot, 289 Ky. 581, 159 S. W. 2d 51 34 Reiter v. Wallgren (Wash.), 184 P. 2d 571 0 0 0 0 0 0 0 0 0 0 52 Salt Lake City v. Bd. of Education of Salt Lake City, 52 Utah 540, 175 Pac. 654 ° 47 Sponsored by the S.J. Quinney Law Library. Funding for digitization provided by the Institute of Museum and Library Services Library Services and Technology Act, administered by the Utah State Library. Machine-generated OCR, may contain errors. TABLE OF CONTENTS-Continued Page Sellers v. Frohmiller, 42 Ariz. 239, 24 P. 2d 666 . 36 State Bd. of Education v. Comm. of Finance (Utah 1952), 247 P. 2d 435 . ..... 10, 11, 15, 16, 47 State Bd. of Health v. Frohmiller, 42 Ariz. 231, 23 P. 2d 941 . 44 State Bd. of Land Commissioners v. Ririe, 56 Utah 213, 190 Pac. 59 . 21 State ex rei. Boyle v. Ernst, 195 Wash. 214, 78 P. 2d 526 . 43 State v. Brotherhod of Railway Trainmen, 37 Cal. 2d 412, 232 P. 2d 857 . 38 State v. Cutler, 34 U1tah 99, 95 Pac. 1071 ........... 19, 20 State ex rei. Davis v. Edwards, 33 Utah 243, 93 Pac. 720 .......................... 8, 9, 10, 15, 17, 21, 26 State ex rei. Dunbar, Attorney General, v. State Bd. of Equalization, 140 Wash. 433, 249 Pac. 996 52 State v. Hallock, 20 Nev. 326, 22 Pac. 123 . 14 State ex rei. Hansen v. Parsons, 57 Ida. 775, 69 P. 2d 788 . 12 State v. Hendrix (Ariz. 1942), 124 P. 2d 769 . 51 State v. Manning, 220 Iowa 525, 259 N. W. 213 . 34 State ex rei. Public Service Comm. of Montana, et al. v. Brannon, et al., 86 Mont. 200, 283 Pac. 200, 67 A. L. R. 1020 . 48 State ex rei. Taylor v. Robinson, 59 Ida. 485, 83 P. 2d 983 ....................................... 13, 50 State ex rei. Yapp v. Chase, 165 Minn. 268, 206 N. W. 396 . 33 Stephens v. Chambers, 34 Cal. App. 660, 168 Pac. 595 . 44 Suppiger v. Enking, 60 Ida. 392, 91 P. 2d 362 ....... 18, 21 Sponsored by the S.J. Quinney Law Library. Funding for digitization provided by the Institute of Museum and Library Services Library Services and Technology Act, administered by the Utah State Library. Machine-generated OCR, may contain errors. TABLE OF CONTENTS-Continued Page Thoreson v. Bd. of Examiners, 19 Utah 18, 21 Utah 187, 60 Pac. 982 ............................ 18, 19 Treu v. Kirkwood (Cal. 1953), 255 P. 2d 409 . 38 Uintah State Bank v. Ajax, 77 Utah 455, 297 Pac. 434 ............................. 9, 10, 21, 26 Wilkinson v. State, 42 Utah 483, 134 Pac. 626 11 'iVycoff v. W. H. Wheeler & Co., 38 Okla. 771, 135 Pac. 399 . 37 CONSTITUTIONAL REFERENCES Constitution of Idaho : Article IV, Section 1 . 12 Article X, Section 1 . 11 Constitution of Montana : Article 11, Section 11 48 Constitution of Utah : Article V, Section 1 47 Article VII, Section 12 . .24, 26 Article VII, Section 13 . 6, 8, 22, 23, 24 Article VII, Section 18 . 50 Article X, Section 8 ... 46, 49 STATUTORY REFERENCES Laws of Utah 1896, Ch. CXX, Section 18 . 27 Laws of Utah 1899, Ch.
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