| OCR Text |
Show 135 University of Utah College of Law Salt Lake City 1 January 8, 1954 Dr. A. Ray Olpin, President University of Utah Campus Dear Sir: This is a progress report on removal of legal obstacles to sale of the Union Building Bonds. - About a week or so ago I suggested to Mr, Waldo, Assistant Attorney General, who has been handling the declaratory judgiment action for his office, that he withdraw the defendants‘ counterclaim attacking the status of the Board of Regents... Since that question had only a very incidental bearing on the main issues of the law suit, Mr, Waldo assured me that the counterclaim could be and would be withdrawn. The other question which was disturbing Chapman and Cutler was in relation to the revenues to be derived from the auxiliary enterprises to be carried on in the new Union Building, These revenues are not at issue or involved in any way in the declaratory judgment action, The Attorney General's Office agrees with me on this point and Mr, O'Connor reports that the Governor understands that these revenues may be pledged for the payment of the bonds as the Bond Act in itself eXpressly provides. Chapman and Cutler were mistaken in the assumption that these revenues would be inVolved in the pending litigation. However, I discussed this with Mr, Matter of Chapman and Cutler and explained to him that the Attorney General was willing to withdraw the counterclaim questioning the status of the Board and that the revenues from all auxiliary enterprises in the building could not possibly be affected by pending litigation and Mr. Matter then agreed with me that the fact that the declaratory judgment action is pending should no longer present an obstacle to the execution of a proper affidavit on sale of the bonds. Mr. Matter said that he would want a letter from me certifying that no other questions are involved in the litigation which could affect the security of the bonds which I told him I would be glad to furnish. In other words, both myself and Ray, Rawlins, Jones & Henderson are of the opinion that an affidavit such as will be required to be signed by the Chairman of the Board may properly be executed when the counterclaim is withdrawnl Since the |
