Show WARRANT CASE ARGUED ED basis of petition for writ of mandate QUESTION OF indebtedness I 1 attorneys supporting the application insist that tile the debt limit wai was not ot exceeded county attorney attorney 7 van cotts colts troubles of an la incompatible compatible old couple told to judge uiles eureka city ordinance held valid by the supreme coul cobit t a I 1 judge cherry listened to argame arguments ants yesterday resl erday tor for arid and against the applies tion of 0 john A fritsch for or a writ of non fran damu damus against tile the county com directing them to take steps reps joi ing to the rc redemption of county warr warrants alts upon which payment lioa has been stopped slopped the cafe is one ot of unusual al interest in view jew odthe tact face that it II raises the of 0 whether or not the county elce decoded eded lu its debt limit iu in 1896 the county commissioners having refused to lo pay the NI warrants arrants upon the ground that the indebted indebtedness ness which they represent 1 cp was illegally contracted mr fritsch was personally bopre by J 11 kurd hurd although frank B R stephens also made in an argument in support of 0 tile the amrit on oil behalf ot of J bussei tracy whose bose e situation Is slin liar to that of M mr r fritsch I 1 mr huid contended that under the provisions of 0 the state constitution the old territorial act and the county government hill bill two classes of indebtedness were provid provided d for or one on a olun ol tary edders created by the county board in cases wherein it has the discretion to either cither create or refuse such its as but build ill in ing hospitals courthouses jails or making other similar improvements the ahe other where the indebtedness Is imposed by the legislature such as the payment of 0 the expenses incurred by tho the county attorneys office and the sheriffs office together v with ith tile the outlay for or jurors in civil cases county officers and their deput deputies les and other similar neo necessary essary expenditures mr hurd further contended that the statutory restrict restrictions ioni limit limiting the indebtedness debt edness contracted under the discretion of the board and not to n necessary expenditures imposed by the legislature applying tills this line of reasoning to deputy auditor smitha s report mr hurd demonstrated that the coun county ty vat vas va t safely within the limit mr stephens argued in fit brief thu that the county could spend its entire revenue inclusive of the amount of its tax levy and no go into the lie new year with an 0 outstanding ut indebtedness over and above the current revenue in an amount equal to the tax levy tor for the preceding yc yer r COUNTY ATTORNEYS POSITION 1 mr van cott nho mho appeared for the county Commissi commissioners took deputy auditor smiths report re as the basis for or his argument arid and from that document imade the following claims as the county was ile he annd the debt limit on january 4 1996 the lh more mere validating ali dating of 0 its excess indebtedness debt edness did not authorize authorise it to incur store indebtedness ednes and it could only incur debts that it could liquidate with the 1816 1936 revenue or as authorized by the county government bill w which aich tools took effect ou oil june 6 96 1 second that the county had no right to a treat as a re denue for 2906 or mg as taxes tor for ISS any money oni on hand jan january nary I 1 or 4 1896 or any money ther thereafter beafter received which belonged to former years or money recovered or held 11 lid as trustee when nhen the county at such d date ate was vaa in debt to an amount in excess of 0 such frio moneys T third hird that each years revenue shall ray pay each years debts and that the debts of one year shall not bo be paid bald from I 1 lh he revenue of future years fourth tho the limitation of county indebtedness d debt edness apall to debts arising fly by 0 operation Pe ratiOn of law as a well as to contracted under statutory powers and applies to necessary as well as convenient T L expenses and to expenses tina unanticipated I 1 1 ss well as to those foreseen that in 1896 the county could only incur an all indebtedness indebted nem of W li the amount amoun I 1 of such years taxes thes taxes late man im ean estimated not col looted taxes tames and tho the debt Is ba based led ou oil taxes not reve n nuo sixth that all incurred d ly by the count county in 1836 1896 overita over ove rits its 1896 ind and the revenue it actually ally do de thad dvm in ISM 2894 73 3 11 void fd seventh that thal mile when a L publio public corporation it tion I 1 over its ita debt limit it cannot a anticipate its taxes unless the tax Is actually actu actually alty levied and warrants drawn on it il ar I 1 afar ell fund and uch much warrants ja in effa operate to discharge tile tho corporation po ro mr van cott colt admitted however that salary alary mar warrants barrants rants of election officers oln cers eal ry warrants nar ranta of deputies and tees fees 0 of f jurors in civil ces cae issued between january 4 ifasi and june 6 5 1896 1859 aro are valid if r 1 and a should I 1 gi elven ell precedence nee there li Is any 1896 money that might be al alie to their payment tho case was waa taken under advisement IM ent late in the after noon OLD PEOPLE LE FALL FAIL OUT wife f says her husband nd used her ear as ag a Cusp idore ori farah fah A west a woman w wb ho Is groping in the deepening tuf fight ot of old age appeared before judge billea leg yesterday as an applicant fur a decree ereo of divorce from her husband jame west a huk husky v young allow fellow ot of some one sixty summers vrn west est alleges in her complaint that lal the she will evaa Imir married ried to the defendant in IM ia and that tor for several years past III i has 1 been b suite n and d in ill ad in t treating her with i re cruelty she C chitea te a 0 number of in I 1 ancs Mn Cs it in lie kicked kl bcd boat anti and her and d in july of the iho past ter par ear the ehe further burthe r alleges alleca all eca he spat in sh ea sa s1 mrs wt west also 10 sets out that hil had in she 8 married d 1114 defendant ho be nothing tant while h he be 14 1 C ir i r now worth oi own otan name all which all but 2000 Is 11 ln in his ha 1 in 31 n alth these theae allegations all calloni rs west t prays pray 5 tor for a decree ot 0 dl ant iker v 11 with ll permanent alimony hatm west T 1 mi cally denies the plaint sit of his hi affee com and char her with extreme to him ha ItIl eging hi that she often head he nat 1 irons and d other at his alg in abu addition ton to using vile find and ablia time llop lve V be language aage ua ge toward him at 0 one no antt I 1 n the forth th r alleges alie struck bilm it irn iti air mouth and oo ironed three teeth to J west tb n benl ua s that h he is I 1 w worth 0 rth cod ili irlee wife 1 and alleg aek that mat lil 1118 is chil well en fix aled d R nanci ally in con divorce d lie he AIR a v t for a decree of I 1 on the ta felled a ground ax that pon ly by ham ill 1 I wife afe pill aest allt wall till 1111 first rl wit nisa 0 my P d hiis on atiq hw stand d it ell an hour hut but her testimony was wa or of e hll an herent nature abat orian ns P ai id he i I 1 cold never be able to 1 0 b base a lud d on it iris his honor then co 1 tied tile tho hearing bearing until 39 this morning eureka ordinance held valid thi supreme court handed dron dnn d ron an all opinion yesterday in ili the case of lit eu loka city vs va r n G wilson appellant which la IR f li c companion 0 m action to the cas case ot of the th e s same a m e title decided by the couet court a few days am afro in athe the present case wilson was waa convicted convicts in a justice court c of t violating an ordinance of 0 eureka which forbids the erection or of wooden buildings without permission within certain denied denned limata ile II 11 appealed to te the district court where arbors ho he was again convicted after which the elie matter was appeAl appealed app cAled Ld to tile the supreme court chui coui t that tribunal now chidi the ordinance valid and affirms tho the judgment of the trial court TI the e opinion lq li written bv justice bartuli and chief justice zane and justice minor concur district court notes william eckman and john neilson enlson have file illein a damage suit against the old telegraph mining company el al alleging that thai they haap been damaged in ili that amount by the violation on the part of tin the defendants ot of a contract for or working certain mining ground under a lease joseph W houston has begun suit against william NEI W taylor tailor et ct al to collect on a promissory note aed cure cured by it a mortgage the salt lake ogden railway allway It company P has filed an action against H hy y runt 11 folsom to renew judgments in the sums of oc 03 ind and respectively the case cas of rebecca 13 carter agil tile salt lalie lake g and loan lioan association was aa concluded in judge audgo ciless court yesterday and taken under adv lement DR carrington CA ON TRIAL TRIAI tho the defense objects to the jury but the case goes on correspondence tribune I 1 brigham city feb 16 the jury tn in the case 0 of R 0 granger charged with grand larceny late last night brought in a a of guilty sentence ii ill be passed lomo lomonsow now I 1 ow bill johnson was this morning sentenced to pay a fine of 0 50 and in default to be imprisoned tn in the county bounty jail fifty days the ca cao caio io of 0 hie elie state vs dr J B carrington was called arid and a jury of eight im paneled john M banc attorney for carrington Carri neton objected to going coing to trial with a jury of eight for the reason that a jury of eight was nai iary to the constitution of the tha state because the indictment charges murder in the first degree and a jury of twelve Is required and secondly because the law as it stood when the offense was c committed provides for a trial by ii a ju jury ry of twelve objection led by the court and an exception taken at p m the jury was completed and sworn attorn to try the case order made mad excluding all witnesses attorney L R rogers tor for the prosecution m made the opening statement to the jury he claim a verdict of 0 murder in tile the first degree but should claim one for murder in the second degree the prosecution would show that on or about the ath day of october at brigham city the defendant committed an abortion on one ida page by indenting Ins ansei entIng ting art an instrument in her ber womb and placing drugs there that thereafter she became hick blek and died that site she made a statement of the facts to at loriney whittemore and others that the doctor attempted to run off and leave the state was arrested at provo by sheriff wright and at that time confessed to him that lie he had committed the act clara gmachl the stepdaughter ot of the doctor was waa called calle d by the prosecution as their first witness |