Show i THE SUPREME COURT I I A Big Grist of Opinions Handed I Down Yesterday t SHALL THE RECEIVER PAY TAXES j i That Is the Question Submitted to the Court L Mr Lawrence Wants His Compensation Compen-sation Fixed The territorial supreme court did not meet at 10 oclock yesterday morning as the judges remained in consultation in regard to opinions until after the noon hour At y pm Chief Justice Zane followed by the three associate justice entered the courtroom court-room and after the minutes of the last session ses-sion had been road and approved the regular business was proceeded with MORE ATTORNEYS On motion of Ogden Hiles John L Taylor of the bar of the supreme court of Illinois was admitted to practice On motion of Mr Grove Mr Cherry of Kansas and E E Shepherd of Indian Territory were admitted to practice T Ellis Brown of Colorado was admitted ad-mitted upon motion of Judge McDowall James Clifford McNalley of Michigan was admitted upon motion of D C Lyles On motion of Judge oawyer J C Coad of the bar of Colorado was admitted to I practice Judge Judd of the examining committee reported that William Kahn and C Ira Krebs had been carefully examined and I found to possess all the necessary qualifications qualifica-tions The committee therefore recommended I recom-mended that both applicants be admitted t Judge Judd added that Mr Kahn had I u I studied civil law in Germany for six years I before coming to this country ana since I then had read with some of the brightest lawyers in the country This applicant was one of the best informed men he had I ever examined I SHALL THE HECEIVER PAT TAXES In the case of the United States vs the Church of Jesus Christ of LatterDav I Saints Mr Varian filed a motion setting 1 forth that thcro was a large amount off of-f personal property consisting of money I now in the possession of the receiver which had boon assessed for tar rltorlal county municipal and school taxes for the current year and the funds in the receivers hands stood ostensibly charged c with the payment of the taxes and the receiver I re-ceiver intended to pay the same The plaintiff plain-tiff therefore represented to the court that u the said personality and moneys were now I the property of the United States to be i devoted to charitable uses under the direction direc-tion of the court and was not subject to I any taxation and the receiver was not authorized to pay any taxes therefor The plaintiff consequently objected to the pay I ment of such taxes and asked for an order I directing the receiver to make no payment t or charge against said moneys on account of these taxes I A similar motion filed by Mr Tartan in this case set forth that the plaintiff had L commenced actions at law in the Third district dis-trict court against certain real property to escheat the same to the United States I which actions were yet pending and undecided that H W Lawrence the receiver was in possession of such real property which although alleged to be not subject to taxation by the territory of Utah or any municipality had nevertheless been assessed for territorial county municipal mu-nicipal and school taxes for tho year and the receiver had been requested to pay the same and intended to do so The property so taxed was the church farm tithing yard I historians office and Gardo house The plaintiff asked for an order instructing the receiver to make no payment on account of the taxes aforesaid Judge Marshall next filed a request from Receiver Lawrence asking for instructions as to whether he should pay any county l c Io LU territorial or municipal taxes assessed onl I the real estate held by him out of the outcome out-come of said real estate whether he should pay any special assessments as-sessments for improvements such as sidewalks etc whether he should pay any taxes assessed on the personal property prop-erty held by him The receiver also reported re-ported that heretofore taxes had been levied on said real estate and that his predecessor pre-decessor had paid the same but he had refused re-fused to pay any taxes levied on personal property in his hands except on herds of sheep j since sold claiming that the same belonged be-longed l to the United States lt Judge Marshall requested that the question ques-tion submitted be decided before October 1 when the taxes would become delinquent SIR DICKSON PROTESTS Mr Dicttson If the property belongs to the United States it is not subject to taxation taxa-tion If It belongs to the church and id used for religious purposes it would also be exempt Wo therefore ask that the receiver re-ceiver be instructed not to pay the refi Judge BlackburnPut your statement in writing and file it on Monday ARTHUR BROWNS COMPENSATION P L Williams filed an application of Arthur Brown asking for 1000 compensation compen-sation for services as one of the attorneys for Receiver Dyer His employment extended ex-tended from January 1SS9 until Mr Dyer resigned The application was accompanied accompa-nied by statements of Mr Williams and Mr Dyer sotting forth that the services had been rendered and were reasonably worth 1000 Judge Marshall submitted the receivers report of receipts and disbursements with the request that it be referred to Master in I Chancery Loofbourev Ho also asked that the compensation of Receiver Lawrence Law-rence be fixed and that an allowance be made for his attorneys APPEAL DISMISSED In the case of Jacob Johnson vs the United States the mandate of the supreme court of the United States dismissing the appeal was filed JUDGEMENT AFFIRMED In the case of Thursa Nichols at al vs the Union Pacific Judgo Blackburn de livered the opinion of the court The suit was brought to recover damages from the defendant for ejecting Thursa Nichols from a train near the HotSprlngs On the trial the jury gave a verdict lor the plaintiff plain-tiff for 175 damages with 40 interest The I judgment of the lower court loss the 40 interest was affirmed THE CONDEMNATION SUIT I In the case of the Oregon Short Line S Utah Northern vs F A Mitchell et al Judge Blackburn also delivered the opin ion Tho suit was brought to condemn right of way for railroad Judgment was i rendered for the defendants for 2300 This judgment was affirmed A CACHE COUNTY CASEIn CASE-In the case of Dwight Peck et al vs Cecilia Roes on appeal from the First District Dis-trict Court Jndge Anderson delivered the opinion The suit involved the title to a piece of property in Cache County The judgment of the Court below in favor of the plaintiffs was affirmed A DISPUTE OVER WATER RIGHTS In the case of Springvllle va J S Full mer Judge Zane delivered the opinion The action was brought to obtain an in junction to restrain Fullmer from diverting the waters of Sage creek and Fullmer springs and the appeal was from an order of nonsuit and overruling the plaintiffs motion for a new trial The judgment of the court below was reversed and a new trial ordered THE TRUSTEES WIN In the case of Andrew J Walton et al trustees of Schofield school district No3 vs Elisha W Jones et al Judge Zano de livered the opinion The suit was brought to recover 44440 of school taxes alleged u be in the hands of the defendant Jones On the trial the plantiffs were allowed to amend their complaint From this order tho defendants appealed The judgment was affirmed A REAL ESTATE TRANSACTION In the case of Jasper M Nelson vs P C Brixen in which the plaintiff recovered 74666 on a real estate deal Judge Ander P < son delivered tbe opinion of tho court i affirming the judgment of the court below FOR SIECIrIC PERFORMANCE In the case of L P Kelsey et al vs W J Crowther et al in which the plaintiff sued to enforce a contract for the delivery of real estate the judgment of the court below in favor of the defendants was af firmed A MINING SUIT In the case of the Victoria Copper Min ing company vs William Haws et al in volving the title to the Copper the Ace and the Antietam mines the judgment of the court below in favor of the plaintiff was affirmed AN OGDEN CASEIn CASE-In the case of B Ternes et al vs J F Dunn et al Judge Anderson delivered the opinion of the court The suit was brought to enforce a contract for tho delivery of real estate and the judgment of the court beiow in favor of the defendants was af firmed AGAINST THE RIO GRANDE WESTERN In the case of Emma C Wells adminis tratrix vs the Rio Grande Western in which the plaintiff recently recovered heavy damages for the death of her hus band while acting as brakeman for the de fendant judgment was affirmed JUDGE ZANE STIRS UP THE ATTORNEYS In the case of William Liter vs the Ozo kerite Mining company in which the plaintiff sued to recover 930 for labor per formed the judgment of the court below in favor of the plaintiff was approved In this opinion Judge Zane took occasion to warm up the attorneys for their careless ness in the manner of making up abstracts which are often so incomplete that it is necessary for the court to read the trans script to arrive at a decision The chief justice j gave notlcd that hereafter the rule in regard to transcripts must be complied with or the appeal would be dismissed in pursuance of rule 8 AN OLD CASEIn CASE-In the case of J M Goodwin respondent vs A F Hamilton et al appellants in which the appellants sued to recover a one fourth interest in the sale of certain lots in North Salt Lake the judgment the court below in favor of the respondent was affirmed In the case of John Robinson vs the Oregon Short Line in which the plaintiff obtained a verdict for 4000 for the death of his 11yearold boy alleged to have been caused by the negligence of the defend ant the judgment of the court below was I reversed and a new trial ordered IJLANDIN HEARD FROM C H Blandin who at the former session I of the court filed a petition for reinstatement reinstate-ment as a member of the bar filed a recommendation recom-mendation signed by attorneys and others asking that his petition be granted DAMAGES FOR TRESPASS In the case of C A Slatting vs J L Ferrin et al Judge Anderson delivered the opinion in which the plaintiff recovered damages for trespass in the court below the judgment was affirmed I REHEARING DENIED In the case of Hong Sling vs fire insurance insur-ance companies three cases the petition for a rehearing was denied A DECREE MODIFIED In tao case of the Salina Irrigation company com-pany vs the Salina Stock company the judgment of the court below was modified and tho case remanded E T Halankiski of Ogden was ap pointed a United States commissioner Adjourned until October 3 at 10 a m |