Show SUPREME COURT N Special Commissioned Must Deter Determine Determine Determine mine Terms When land Is De Detached Detached tacked Prom From a City The supreme court yesterday decided that the statutes make It obligatory for a judge of the district court after he has decided that justice and equity require that the petition of property owners to be detached from a city be granted to appoint commissioners to determine and adjust the terms of such separation unless it is mutually agreed that the commission may be dispensed with The case in which this decision was handed down was that of Don C Full Fullmer Fullmer mer and other real property owners in inthe Inthe inthe the town of Mapleton to restrict the corporate limits of that city it ap appears appears appears pears that a majority of the citizens and in a part of the city where the land is used for agri agricultural agrIcultural agricultural cultural purposes only petitioned the district court Judge Booth presiding to be detached from the city claiming that to remain in the city limits was no benefit bene lt to to them and that It increased their taxes The judge took this view of the matter and ordered that the sec see section section tion in question be detached When re requested requested requested quested by the city to appoint commis commissioners commissioners to adjust the terms he denied the motion saying that there was noth nothing nothIng nothing ing to adjust The supreme court was appealed to toby toby toby by the people of Mapleton It being claimed that the state law giving the judiciary power to settle such matters is unconstitutional as it delegates to the judiciary power which is purely purel leg legislative legIslative It was also alleged that the judge erred when he refused to appoint commissioners and that the evidence did not show that in justice and equity the section should be detached The supreme court holds that law lawis lawIs lawIs is unconstitutional although it admits that in some respects the point is well taken that it gives power to the Judi Judiciary judiciary judiciary ciary which does not rightly belong to it As far as the justice and equity of the separation are concerned the court finds that there Is abundance of evi evidence evidence evidence dence to sustain this claim on the part of the petitioners for separation The decision of Judge Booth however is re reversed reversed reversed versed as to the appointment of com commissioners commIssIoners commissioners missioners and he is directed to vacate his order in this matter and proceed ac ae according according cording to the statutes The decision simply reverses this one phase of the controversy con A decision of a similar nature was handed down In the case of Alex Bar Barton Barton Barton ton and other citizens of Manti to re restrict restrict restrict strict the limits of Manti Mantl City In this case the commissioners were regularly appointed and their findings approved by the court and the only question was wasas wasas wasas as to the sufficiency of the evidence The court holds that the Judgment en entered entered entered below was based on good grounds I and sustains the decision |