Show 11 DM MIN iI5e y i Demurrer Overruled In Condemnation Con-demnation Suits THE ONEIL DIVORCE SUIT WIFE OE THE WELL KNOWN SALOONKEEPER I SA-LOONKEEPER GETS DECREE Adultery Was the Ground on Which ItWas Granted District Court Orders and Miscellaneous Proceedings Proceed-ings of the District and Justices Courts Ii Judge Cherry yesterday handed down Ills decision in the Summit county case of the Silver King Mining company vs IJ the Baltimore Mining company et al overruling the demurrer of the defendants I de-fendants t The Silver King Mining company sought to obtain a right of way by condemnation over the defendants f lan < in Summit county for the purposes pur-poses of constructing a pipe line to convey water flowing from the Thayne tunnel owned by plaintiff to its mine i The defendants by demurrer raised the question of the constitutionality of the law claiming that it violated section f sec-tion 22 at article 1 of the state constitution 0 consti-tution known as the bill of rights which reads Private property shall not be taken 01 damaged for public use without just compensation and also in violation of the United States constitution con-stitution It was further contended that the purposes set forth in plaintiffs J petition was not a public use and i that legislature had no power by S the act of 1S96 to declare it such < o Thecourt in passing upon the question ques-tion said that in the absence of that part of the act of 1896 which declares such use to be a public use it was clear that purpose for which the plaintiff plain-tiff was seeking to enforce the right of eminent domain were not a public one Ordinarily his honor said a legislative declaration that a certain business is a public use is not open to review by the courts but legislative authority declaring that a certain purpose pur-pose or business is a public use or would subserve the public good is limited by constitutional restrictions and there may be cases where the courts would not regard the act of the legislature as final but could treat the It subject as a judicial question Continuing the court said The I legislature of Utah bas seen proper to declare by the act of 1896 a certain class of enterprises including that I mentioned in plaintiffs petition to be of public use and expressly authorizes C author-izes the xercise of the right of eminent emi-nent don in to advance the interests of such enterprises This court has some doubt as to the said law being In conformity to the letter or spirit of the constitution but unless such conclusion conclu-sion would be beyond a reasonable doubt the law should be sustained and in this case the doubt will be solved in favor of the legislative action It follows therefore that the demurrer de-murrer is overruled The hearing of the condemnation proceedings pro-ceedings was set for Aug 11 before Judge Norrell |