Show TWO IMPORTANT DECISIONS Rendered By Judge Bolapp On the Day Court Convened Farmington May 7The May term of the district court opened here this I morning It was expected that the mining suit between the Farmington Gold Mining company and the Rhym ney Gold d Copper Mining company would be tried but by agreement between be-tween attorneys the case was not called and will go over for the term Judge Rolapp rendered two important deciscions during the brief session One was in the case of Kaysville City against P Ellison for nonpayment of license The question involved was the right of Kaysville City to collect I licenses from Layton merchants doing do-ing business within the corporate limits lim-its as defined by the municipal charter granted by the territorial legislature From the stipulation of facts presented present-ed it appears that Layton business houses are inside of those limits though the town of Layton is separate and apart from the city of Kaysville having a postaffice railroad station and telegraph office of its own as well as a separate precinct organization His honor rendered a decision against Kaysville City The grounds he took were that a supreme court decision in the case of Ellison vs Linford had the effect of nullifying the legislative enactment en-actment extending the limits of Kays ville City and hence curtailed Its jurisdiction juris-diction over the territory embracing Layton The section of the state constitution con-stitution adopting territorial legislative enactments then in effect could not beheld be-held to give Kaysville City jurisdiction jurisdic-tion over that territory because under the supreme court ruling the statute creating Kaysville City is inoperative so far as the extent of the city is concerned con-cerned and the constitution could not adopt an illegal measure The right to license Is coextensive with the territory over which the municipality mun-icipality has jurisdiction and not having hav-ing the right to tax Layton merchants the city had no right to license them The decision further stated that there was no evidence before the court sufficient suf-ficient to determine the lines or tl > und aries of the city The ordinance attempting at-tempting to enforce the collection of license from defendant was therefore there-fore inoperative Attorney Crltchlow for the plaintiffs gave notice of an appeal to the supreme su-preme court An effort will be made to perfect the appeal Immediately on account of the importance of the liti gation not only to Kaysville City but to many other similarly situated cities In the state In the case of Bountiful City against Edwin Brampton his honor decided for the plaintiffs Brompton sought to establish a waterright on Barton creek claiming to have appropriated the water His honor stated that he had visited Bountiful and seen no evidences evi-dences that the water had been appropriated appro-priated and used as claimed Court adjourned until tomorrow at 230 pm |