Show VALIDITY OF MilK ORDINANCE UPHELD supreme Court Renders Five Important Opinions Affect Affecting ing as Many Cases SUSTAIN LOWER COURTS BY JUDGE MORSE MORSES ARE CONCURRED IN INThe INThe S The validity of Salt Lakes milk ordin ordinance ordinance ance is upheld by the supreme court of the state in one ona ot of the tha five opinions hand handed handeli eli ed dOwn afternoon Judgments and of the lower courts are Up Upheld upheld held In all five of the opinions written by bythe bythe the highest court In the state The victory for Salt Laka came l In the theopi opinion opi io affirming JUdge George G Arm Armstrong Armstrong strong ot of the Third district court In th the suit of Salt Lake City against H E B Howe for selling milk In the city without first having obtained a permit from he city dairy and food commissioner Howe re refUSed fUSed to t take ke out a permit was arrested tried In police court and tined fined 50 0 The Thease ease ase was appealed to the district court where here Judge Armstrong upheld find findIng findings ings Ing of the city court Howe then appealed the case casa to the su supreme supreme preme court attacking the or on the ground that it was InvalId because It the right of the city In th opinion written by Chief Justice D N and affirmed by the other oilier two justices in discussing the power ot of the municipality under the state laws it Is held that ample power Is also conferred upon the municipality to regulate the sale of milk and to require a to be oh tamed by persons selling or offering to sell seH It within the cit city Again It Is held The ordinance requiring lag ing a p to be obtained to sell milk is no not with the statute nor noris noris is It calmed that the ordinance In such particulars s the statutes Other sections of the meat and milk or ordinance were attacked In the appeal to the supreme court but the other ques questions questions were pot discussed because they were not at issue Judge Armstrong Is affirmed and the city ordinance upheld Judge Morse Affirmed Judge C W V Morse is affirmed in an another another other opinion written by Justice J E Friel and concurred In by his associates In the case of George J Gibson against Frank E B and Jennie D McGurrin and Stephen anti and Mary Hays In a suit to quiet title The suit was over the title to a small parcel of ground In township 1 1 west which Gibson claimed by purchase and by later hater patent from the government The piece in ques question question tion was only a small part of the patent Judge Morse quieted title In favor of Gib Gibson Gibson son and the supreme court affirms tile the judgment In the appeal of the Sierra Nevada evada Lumber company against the firm of Mc McCormick Cormick Gra Gray contractors the Hous Hotis Houston ton Real Estate Investment company and the O 0 J Salisbury estate the supreme court affirms JUdge C W V Morse of the third dl court In crediting 1000 upon a bill of McCormick and Houston In Inthe inthe the building of the New ew York block on Postoffice place Justice J R E Friek Frick writes the opinion The only question be befort fort fon the supreme court was In regard to the 1000 This was paid by O 0 J SaIls Salis Salisbury bury to McCormick Gray contractors for materials furnished b by time the lumber company The contractors drew a check for tor this amount which was paid to the lumber company compan but It was not made positive that it was to be paid for th New York building job and was credited by the lumber company upon other debts owing by the contractors Judge Morn Mor I applied time the 1000 upon the Salisbury debt and the supreme court makes maies the same ruling Refuse to Review Case The supreme court affirms Judge J A Howell of the second district In the suit ot of John McCullough against William Mc McCullough Ic Cullough administrator of the estate of Mar Mary A McCullough deceased refusing to review the case owing to the fact that there was nothing as no bill of exceptions was presented The facts were that In 1901 McCullough flied suit against his wife Mary A McCullough for a divorce Tile The wife flied filed an answer and counterclaim anti and was given a tie de decree cree In 1902 on the counterclaim also getting a certain piece of real estate with the decree Several applications were made by McCullough for a modification of the decree but were denied Later lie he asked to be appointed administrator of the estate In the place of William This nas done by the court but when William appeared and told the history of the case the court set aside the action and refused to change the original findings McCullough laugh lough then appealed to time the supreme court but Chief Justice D N who wrote the opinion says there Is i nothing upon which the supreme court can act That tile the case of William Bown Jr against William T Owens treasurer ol of Garfield county went much farther than it should Is tile the belief of Chief Justice In an opinion In which lie he affirms Judge J F Chidester of Mantl Manti The suit against County Treasurer Owens was for unlawful conversion of property belong ing to Bows Bown It was charged that Owens seized and disposed of head of sheep belonging to Bown for the purpose of col collecting collecting his taxes for 1906 1000 following the publication of his delinquent notice Owned Sheep Bown claimed that he owned ani only about head of sheep and that of them grazed In Wayne Vane county which he claimed as his home In a talk with the assessor of Garfield county however Bown admitted he grazed nearly sheep In Garfield county anti and was willing willingto to pay the tax upon them Witnesses tes testified testified that he owned at least sheep Later Bown repudiated his statement that he owned sheep which grazed In Garfield and said he had only In the Garfield Garfeld county ranges The commission commissioners ers era of Garfield agreed to cut It to this but even een then Bown did not pay It t was fur further further ther shown In the trial that Bowns home was In Sanpete county and not In Wayne Vayne In getting the tax money from the sheep It was admitted that one of Bowns herders brought In the sheep and that the head were never taken out ot of the flock Right there the opinion says Bown admitted himself out of court It ItIs itIs Is held beld that the collected on the sale of the sheep was a payment of taxes under protest at best and could not be considered as conversion For this reason JUdge Chidester Is upheld and flown Bown loss the suit |