(Download) "E. Allen Bateman and State Board Education" by Supreme Court Of Utah * Book PDF Kindle ePub Free
eBook details
- Title: E. Allen Bateman and State Board Education
- Author : Supreme Court Of Utah
- Release Date : January 28, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
CROCKETT, Justice. This case arose originally as a suit for declaratory judgment by the University of Utah against the State
Board of Examiners and the State Finance Commission. The dispute between the University and those defendants was dealt with
in a prior opinion. 1 The State Board of Education intervened to determine its rights relating to both the University and
the defendants, the issues between the University and the Board of Education have been resolved by stipulation. There is no
dissonance between the Board of Examiners and the Commission of Finance in this action. Their interests being parallel, for
the purpose of this decision, we will proceed upon the assumption that the Commission of Finance is the statutorily created
administrative arm of the Board of Examiners and consider the rights of the Board of Education relative to it. These parties
are hereinafter for brevity referred to simply as 'Examiners' and 'Education.' Reduced to its simplest terms the dispute is
this: Education claims authority to administer the State Department of Education and school system without let or hindrance
from Examiners; whereas the latter Board claims authority to examine and approve or disapprove of proposed expenditures, and
to exercise general supervisory control of salaries and personnel practices of the Board of Education. 2 Both parties advance plausible arguments in support of their claims to authority based on their respective constitutional
origins and legislative implementation. Resolution of the problems presented will be facilitated by examining the constitutional
foundation and the statutory structure of the authority of each separately.
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