| Show Lands of the City I To the Editor of THE HERALD Your paper of Wednesday co tains a report of the decision of Judge Zane in the landjumping case which if accurate ac-curate may be depended on as the law of the case the Judge having a clear conception of the intention of Congress as well as of the Utah Legislature In reference to the act of the former providing pro-viding for the purchase by the proper authoritiesthe Mayor or the Probate Judge as the case might beof lands for the benefit and use of occupants of lands within the limits of cities or towns It seems that the opinion of Judge Zane was given orally which circumstance cir-cumstance is to be regretted unless he filed a written one for in my opinion it is very correct reading of the laws and will be sustained if transferred to a higher court than tha one over which the leanied Judge presides It is carious car-ious to observe what various as well as different views are entertained upon the I subject referred to above In glancing over the proceedings of the City Conu ctl Tuesday evening as printed in THE HERALD I noticed that one of the members mem-bers of that body Mr Grantmoved that a committee be appointed to re kct and present to the Territory a site for the Capitol buildings say about thirty acres Upon this question some discussion arose mainly as to the number num-ber of acres to he given Mr Riter seemed to coincide with Mr Grant regarding the proposition but no member seems to have heard of Judge Zanes opinion as to the law and none excepting Mr Pyper seems to have had or at least expressed an opinion as to the rights of the City Council in the premises The latter member seems to have a correct view of the question as was evinced by his resolution authorizing the city surveyor sur-veyor to survey the land held by the city on Arsenal hill and lay it off into streetsetc To this sensible resolution objection was made and it was finally tabled It is to be hoped that the members mem-bers of the Council will carefully read I the laws under which this land is held and Judge Zanes ruling and at an early day adopt Mr Pypers resolution I may perhaps be pardoned for obtruding obtrud-ing my opinions on this subject upon the notice of your readers but as the proceeds of all unclaimed lauds after being sold BS prescribed are to accrue to the benefit of schools I feel it to be a privilege of any citizen to utter opinions opin-ions on the subject I am not in possession pos-session of the facts in regard to the land which it is proposed to give to the Territory Ter-ritory taut remark that if such land in a part of the tract purchased by the Mayor it is not in the power of the City Council to give it to the Territory or to any person It must be platted and sold at auction as provided in the law the only discretion the Council has in the matter is the time when it shall be surveyed and sold and the Court suggests sug-gests that the present is the proper time Now Mr Editor I may be wrong in my judgement on the points alluded to but think otherwise notwithstanding the contrary opinion implied in your leader of Wednesday that the Council would have the power to donate a site for Capito1 buildings Thepomt see ted t-ed may be a sui able ole for the purpose b itifwihin the II nItsof the Mayors entry i cannot be donated for such purpose The city may possibly own other lauds purchased witn city funds which might possibly be donated for tie purpo e named but Itnls bought from this United States by the Mayor which was not claimed by and adjudg cl to the occupants within the time nrescri bed bv Jaw do not belong to the citv but are held in trust and can be disposed dis-posed of in no other way than il i prescribed pre-scribed by law I dislike to dissent from your view Mr Editor and the apparent opinion of the Council O i thIs point bat public questions tire opeu to discussion and both sides havj a claim to be heard Respectfully HD J |
