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Show Preceding the meeting, the Regents were luncheon guests of the Department of Home Economics, ATHOL RAWLINS ACCEPTANCE TO PROSECUTE DECLARATORY JUDGMENT SUIT During the luncheon the President reported that Mr. Athol Rawlins of the firm of Ray, Rawlins, Jones and Henderson had accepted a proposal to act as counsel for the University of Utah, assisting William H. Leary, in seeking a declaratory judgment for the defining of its constitutional rights, This proposal was formally approved by the Board at its regular monthly meeting held May 14, 1951. Copy of the proposal follows: June 8, 1951 Ray, Rawlins, Jones & Henderson Attorneys-at-Law Walker Bank Building Salt Lake City, Utah « Gentlemen: Under date of May 31, 1951, pursuant to a recent audit of the University's books, the State Auditor demanded that $138, 094° 98, as profits from the university's bookstore during the years 1947 and 1948, be remitted without delay to the ‘State Treasurer; that $10, 942. 84 as profits from the sale of war surplus materials be refunded to the various university departments in proportion to their purchases; and that $31, 500. 00 designated as a revolving fund, now tied up in Stores‘ Inventory, be promptly remitted to the State Treasurer, There is a strong possibility that this demand may constitute an interference with the prerogatives of the Board of Regents. It is the contention of the latter that under its constitutional powers all biennial legislative appropriations for maintenance to the University should be paid over by the State Treasurer on Auditor‘s warrants to the Board quarter yearly in advance and that said appropriations, together with all fees and profits from proprietary enterprises, should remain u-nder the sole jurisdiction of the Board and be expended . by the latter free from supervision and control by the Board of Examiners, the Finance Commission, the Auditor, the Treasurer, or other administrative boards or persons. The Board thinks that its constitutional rights should be clarified by a judicial determination and has authorized the employment of counsel to seek a declaratory judgment for said purpose. |
