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Show A L BANK CASE S WORLD-FAMOU- 1045! SIX AT JURISDICTION IN THE HMieat CaalltBtM W here Muu Carbon Scientificallj balanced, Fuel huUi the road aiaUtpeedt. All-lie- r tab's Mijiienie lias no juris-ilirli'- n title to t' l it a ; ortii-tfederal in a an rorimratiuu which is not ereated by authority of this state it was held last Saturday in dismissing the quo warranto prom-dingby jjt K. Whitmore, a funner cashier, against Joseph Barbugliu, C. Oscar Hanson and F. F. Fisk, directors of the First National bank at 1rice. It was contended by Whitmore that be and two others were duly elected directors of the institution, but that the rejection of certain legal votes east for the plaintiff and the others made it apear that the three defendants had won the election. The plaintiff asked that the defendants lie ousted ami that each be fined a bum not exceeding five thousand dollars, in accordance with the stale statute. Chief Justice Weber did not jmrtici-patThe opinion is by Chief Justice s e. Samuel K. Thurman. In challenging the jurisdiction of the court the defendants cited See. 5839 of the Compiled Laws of Utah, which reads in part: A civil action may be brought in the name of the state against a jiereon who usurps, intrudes into or unlawfully holds or exercises a public office, civil or military, or a franchise, within this state or an office in a corj hi ration created The by the authority of this state. supreme court did not hold with the defendants in their contention that the action could only he brought in the name of the United States. In this regard the decision says: "It is unnecessary to review at length the above cases eited by plaintiff. It is sufficient to say they demonstrate conclusively that the mere fact that matters pertaining to a tional lunk are involved is not sufficient to oust the state court of jurisdiction. As apears from the federal statute hereinbefore quoted national banks are citizens of the state in which they are established, except in the ease expressly mentioned in the statute. Being citixens of the slate, and their jsiwers and duties as instruments of the government not being in question, it is difficult to see that any federal question is involved or that there is any attempted infringement of Miwer belonging to the federal government. TWENTY-ON- E MILLIONS IN OUR UTAH PUBLIC SCHOOLS Capital investment in Utah school districts shows a total of $21,947,497.-7according to figures compiled by the Utah Taxmyers association, and just made public. This represents an average ht capita investment of $155.44 for the state as a whole, bnsed on a school Npulation of 137,650 children. Salt Lake district allows much the highest total investment, which amounts to $7,258,519.01) and about of the total. Ogden follows with $1,537, 00. Dagett county has the lowest total investment with Investment er capita for educational puiNises is the highest for Beaver the figures show. More than $290 is invested for evety individual. Salt Lakes per capita investment ia $22(73. Garfield county is lowest with $47,02. Tax levies and state appropriations for all school purNes have grown from $5,735,278 in 1917-1- 8 to $9,770,596 in 1923-2according to figures of the association. The peak was reached in 1921-2- 2 when figures reached $10,003,288. This does not include more than $600,Q00 which comes to the schools as revenue from other sources, making the aggregate cost for the 1923-2- 4 period nearly $10,500,000, according to the tax 5, one-thir- d $19,-675.2- 0. 4, CARBON SPENDS LITTLE MONEY DURING LAST MONTH OPINION OF CHIEF JUSTICE IN NATIONAL BANE CASE d body. One-piec- e u'lndthicld. Luxurioui, genuine leather auhioia, 1 0 inches deep. Coal light. Standard non-tlcord tire. Company id "In view of the statutes quoted aud their plain and unequivocal meaning we arc irresistibly led to the conclusion that a quo warranto proceeding in a state court here will not lie to try title to an office in a corporation not created by the authority of this state. Therefore, this court is without jurisdiction to try and determine the eause as presented in this proceeding. It follows that defendants motion should lie granted and the action dismissed. This is a proceeding on information in the nature of a quo warranto to determine title to the office of director of the First National hank of Price, a corporation orgauized and existing under the lawa of the United States. It is made to apiear from the roinplaint that plaintiff and two others were duly elected to the office of directors at an election held in pursuance of the articles and bylaws of the corporation, but that the judges of election unlawfully rejected certain legal votes east for plaintiff and said other tenons, thereby causing it to appear that defendants had received a majority of the votes east "Defendants were thereupon declared elected, and it is alleged they now hold and exercise the functions of said office without authority of law and exclude plaintiff and said other persons therefrom. Plaintiff prays that defendants be ousted ; that plaintiff and said other persona be inducted into said office, and that caeh of the defendants be fined in accordance with the statute in a snm not exceeding five thousand dollars. Defendant move to dismiss the action for want of jurisdiction. They also demur to the complaint for the same reason. It is contended by defend- ants: "First, that the court is without jurisdiction because it is attempted by Mines At Rains, Lump, Nut, Slack asi Assorted Sizes f COAL Of the Very Highest Gqfa Best For Furnaces, Ha hold and Other Us. General Offices, Clift Hk ment to the supervision, control and visitorial powers of the state of Utah, through this. court, and to determine the regularity of the election of the officers of said hank ; that the suit cannot only lie brought in the name of the United States and the question presented tested only in the federal court; second, that defendants are not charged with usurping or unlawfully holding an office in a corporation created by authority of the state of Utah, liut that the offices involved are created by the authority of the United States. The proposition is uncontrovertible that neither state legislation nor state courts can interfere with the powers conferred linnn national hanks as instruments of the government, nor with such powers as are necessary to carry on tin business fur wliirh they were onmsiixed under the laws of the United States. Hence the court is without jurisdiction. CARBON SHOWS UP WELL . One Item of Personal Property Taxes Remaining Unpaid. Tax statistics in Southeastern Utah reveal this year a considerably more pmsjierous condition than last. This is shown by figures collected by Mark Tiuttle, state auditor, during a ten days trip recently when he audited accounts in Carbon, Emery, Grand and San Juan counties in which the state funds are mixed up. Tuttle returned to Zion last Friday. In Grand this year the net of taxes which the state has charged against the county treasurer is $35,000. Owing to the sale of the property to the county for taxes, some two thousand- dollars of this ia not yet available as a cash revenue to the state, though it will ultimately be paid, the property being held as security. The percentage of property thus going to tax sales for failure to iay taxes in 1923 in Grand was only almut 5.7 per cent. In Carbon, where 0 $202,000 was due the state, some or 6.2 per cent has not been paid on account of the property's going to sale. In Emery of $57,000 net state taxes, $9400 has not lieen paid, indicating that 16.5 per cent was allowed to go to tax sales. In San Juan, with $18,500 net state taxes charges, seven hundred dollars remains un;iaid or almut 38 jmr rent. The four counties show 10 per eeut of the projierty in the aggregate going to sale. San Tuan and Emery refleet the condition of the cattle industry last winter. Grand and Carbon are sheep counties and have, in addition, a heavy of laTge corporations, which, of course, pny their taxes regularly. The figures on the whole show a much better condition than a year ago, Tuttle says, though the percentage, especially in two of the counties, is still too high, lie commented on the fact that practically 100 per cent of the personal property taxes in three of the counties has already been collected, while in the fourth Emery this condition will prevail in the near future as the sheep shearing season gets under way. The state has the checks of the county treasurer in full for state taxes due frorq San Juan last year and thio, However, some of the olher funds there have not as yet received their proportion of the 1922 personal property taxes. Every hope is expressed that the arrears will be made up within a few weeks. Otherwise the county and the school T HIS is an offer to anyone who is considering the purchase of a car in the $1000 field. We invite you to take out a Studebaker model for the sake of comparing Light-Si- x cars at near its price. This other it with without obligation to buy. Every maker advances claims for his car. Some are fair, some superlative; some are borne out by facts, others not Youve been told this car, that car or another is just as good ss this famous Studebaker model. Now find out for yourself. That's 'the only way to buy lasting satisfaction. When you try this Studebaker Light-Siyou will find an engine of remarkable power x, 1124m. Touring W.B. RoiyO) Coups ..) You will find surprising ease of handling, unusual comfort, roominess, obvious refinements and all the visible signs of a quality car. You will find low price its only contrasting feature. Remember, Studebaker is the world's larg-e- st quality car builder and thus is in position to give you the utmost for the least. Buy no car at $500 or more without this test. Dont buy blindfolded. ....... 1194m. 40H.P. . L-he- ad B I G - S I X 1264. W.B. 60H.P. SPECIAL. SIX LIGHT. SIX $1045 JOii 1194 1395 1485 (All pricu Touring Rooduor Coupo Sedan $ W.B. 50H.P. (UW) . . . . X octor $2425 1400 1S9S 1985 $143,-225.3- 8, Boad-buildi- Car-bo- n, $8,-4S9.- lt; $22.-67(11- 2; Miirsran $246.59; linte $240.-5- 9; 1iiite $756. 24; l.ieli $113.51; Suit Lake $3,329.53; San Juan $9,200.84; Sarqa-t$2,984.42: Sevier $1,667.42; Summit $985.10; Tooele $16.676.57 ; Uintah $2,395.00; Utah $4,900.05; Wasateh $818.14: Washington Wayne $119.51, and equipment $2,546.01. e $10,-248.9- 7; STATE FAIR FINANCES The financial condition as well as the accounting systim of the state fair association shows improvement over that rejiorted in the preceding audit. William T. lteid. deputy state auditor, reported to Mark Tuttle, state auditor, last Friday. The report shows an increase from 87,302 people attending in 1922 to 93,402 last year and a gain in receipts from $26,605.06 to $29.21)8.58. The association had a balance on hand last February 24th of $5,960.10 remaining from the $25,000 appropriation for 1923 and 1924. . . Touring Speedster Coupe Sedeu . 1835 2495 . Hi-Ho- ot Coal Is Beet Apm Where Moat Ceed. Kinney Coal Ca Minos and ships fna th famous Union Pacific Utah ons veins of Pleasant VsUiy, the Carbon district Noae Is ter for stove, range, gnu, fa nace or manufacturing ylm The equal of any and na to many for storage. Onatt ed always insisted upoa. fl$ prices from the general oflla and sales agency, Walker 1st Building. 2685 Teniu Is oust your cwwruimcr) FLOUR WESTERN AUTO COMPANY, Price, Utah STUDEBAKER F. RAINS Salt Lake City, Utak $1750 ..... City. President and General Kg engine designed and flexibility an and built by Studebaker; noted for its quiet and smooth operation; free from vibration because its crankshaft and connecting rods are machined on all surfaces, an exclusive Studebaker feature on cars at this price. LIGHT-SI-X district may be expected to take cast came out of the furnace in good means to see that the amounts due are shape. The production will, of course, increase from now on aud the furnace paid. "Only one item in Carlmn, I was will lie tapied every six hours. The first drawing from the furnace said Tuttle, "remained informed, uiqmid of the jienuinnl pnqterly as- of molten iron made from Utah raw sessments, and that ia to he collected materials marks the end of speculathis week. That ia a remarkably good tion as to the suitability of Utah ore and eoal for the making of iron and record for a county of the size of It ia now The next step is increasing STEEL INDUSTRY OF THE WEST production. IS BORN IN UTAH The steel mills of the Pacific Coast Utah iron. Utah is are Utah iron aa a commercial commod- now waitingtofor furnish it and the steel ready ia The a fact. first twenty tons ity West is born. of pig was drawn off the blast furn- industry of the ace of the Columbia Steel corporPOTATOES FOR SALE ations plant at Ironton last Friday afload or carload. Will deliver. By ternoon at 6 :30 oclock and on prelimia low. Price Write or phone T. H. inary examination was found to he of suitable quality to be used for the Jouflas, Helper, Utah. making of steel No testimony is ruled out as imma"Everything is working smoothly terial by neighborhood gossips or and the results were all that we exinvestigation committees. pected, L. F. Rains, vice president of the company, said "and the first Wedding announcements. The Son. Hteel tin a commercial basis. - Road construction work was still held up daring April it is indicated in a statement of the money disbursed for highways during the month, prepared by the state auditor. Expenditures reached a sum of hut considering that from $300,000 to $400,000 ia spent at the height of the eonstrurtion season the mm ia comparatively small. activities in Tooele, Washington, Davis, Emery, Juab and Millard counties took a large pmimrtinn of the sum. By counties disbursements were Beaver $1,339.19; Box Elder, $3.09(5.92; Cache, $296.93, $2,459.12; Daggett $37.72; Davis $14,225.25 ; Duchesne $645.69; Emerv $10,098.1)7; Garfield $254.21; Grand $1,343.09; Iron $7,159.45: Juab Kane $472.42: Millard L to compare with other cars at near its price a fact. Bnt .Salt Lake Well lend you a car tliis action to interfere with officers of a federal corporation and subject to an instrumentality of the govern- Caiba County, Utaii Miners and Shipper, - $1045 JOHNSTUN8 DRAY Does All Kinds of . Hauling Goes Anywhere Any Tima Call Phone No. f S Valley nude right here rntPim and as good as the best Folk your animals. Both then it Is coat Wa deliver. Farmers Mill and Eknh Company 2. WILBUR BURNHAM Manager. START RIGHT TWO ABERDEEN COAL HIGHEST EFFICIENCY. Government equivalent 1104 Ifaa. Unequalled for storage. WU1 not alack. The beet of steaming and boating quaUtleo. Independent Coal & Coke Co. Minas at Kenilworth, Utah General Offices la the Walker Bank Building. Balt lake dty. Rex FOR THE HANDYMAN For your family Pride PooM Nice office rooms in the Electric Building (Best In Price) for rent reasonable Call or Phone 54 New Price Chi wnx ROBlH SON, Fsf Soft Drinks, Billiards, I (Old Rummy Locates) Everyone Invited to tf Basement Silvagni BuMl PRICE, UTAH SOFT DRINKS, NEAR CIGARS, TOBACCOS, ET0. Courteous Treatment and Hearty Welcome For AIL $12,-60- 36 South Ninth Street (Basement) PRICE, UTAH Spring Canyon Coal Co. Mined In Carbon County Shipped Everywhere. Properties At Standardville, U No Dust, No Ash A pro-imrti- Every day in the week a good Chest of Tools will prove handy in cloing some odd job around home and the money saved will soon pay more than the cost. And, by the way, if you are going to build or make some repairs let us figure your lumber requirements. Guaranteed millwork. No Clinkers. Unexcelled Fof Storage Purposes Mine and Shippers of the Celebrated SMOOT LUMBER CO. South Eighth Street PRICE, UTAH Spring Canyon Coal Mines at 8TOKRS, UTAH General Office. $n Newhonao Building. Balt Lke City, Utah. STANDARD C0I1 CO. BALT LAKE CITY C4 General Office Ninth Floor Keam |