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Show Miiiim. h'iNhs. .linltre an Kendfrs nn Opinion Kevrrxinjr. tin IM- iiou of tiio Lower Court. The Utah Commission Was Guilty of Supererogation in the Appointment Appoint-ment of Judgo3. WAS THE BOARD'S PREROGATIVE Ami tlo Validity of the $:iGO,0 Is.Mto 31 list Ho l'orftM'tel iu a N'W Kh't tioii. Justice Kiner Hands Down a Ruling aud Atom's Title to the Clerkship Clerk-ship is ConCnueJ. HEAAY DAMAGES fOR A DEATH. Tb. K.llw.r CompinlM Eng-ftf. th. At-S.atiua At-S.atiua of tb. Bnprem. IU110H 1. a.v.r.l Matter.. It was fifteen minutes behind schedule sched-ule time when Chief Justico Zane and Justices Anderson, Miner and lilack-( lilack-( burn made their appearanco iu tho i chamber this morning and the adjourned ad-journed mission of the territorial supreme su-preme court begsu with all the luminaries lumin-aries on the bench. Proceedings were opened by Justice ltiaekburii, who haiidud down an opinion in the case of Lii.a Cook vs. the Oregon Short Line, the appeal being froiu the judgmcut and Jinm the order overruling tho motion for a new trial. The motion to dismiss the appeal from the judgment is dun ied, and the motiua to dismiss tho appeal from the order overruling the motion for a now trial was sustaiued because no sufficient undertaking on appeal is filed. Leave was given to filo the undertaking. under-taking. Tho petition for a rehearing in the case of II. T. Drummond vs. the Union Pacific Railway company was denied. Justice Miller rendered a decision in the case of Malola Pool, administratrix of the estate ot Joseph S. Pool vs. the Southern Paeitio company iu which the judgmcut ot the lower court was affirmed, Chief Justice sue and Justice Anderson concurring while Justice Biackburu rendered a disseuting opinion. The appeal whs from a jury finding in the First district court in which a judgment was rendered iu favor of the plaintiff iu the turn of 10,000 for the killing of her son by the defendant corporation. Judge Blackburn was of the opinion that a new trial should be awarded. Justice Anderson rendered au opinion in the case of Albert Brown vs. the Scuthern Pacific company, appeal from the First district court. It I'. Henderson, Hender-son, judge, in which the judgment was reversed and the cause remanded. The action was brought by plaintiff to recover damages alleged to have been sustained by reason of the negligence negli-gence of the defendant whereby plaintiff plain-tiff was so injured in one of his hands that it had to be amputated. Judgment Judg-ment wasnbtained against the compauy for 12.00(1, whereupon the court reduced re-duced it on consent of the plaintiff to Ilil.OijO. Chief Justice Zane rendered the opinion opin-ion in the . ase of the People ex rel the Board of Education of Salt Lake City vs. G. L. Godfrey, J. A. McClernand, A. B. Williams, Alvin Saunders, and B. S. Robertson, a board of commissioners. commis-sioners. This was in application based on an affidavit of Richard W. Young, a member mem-ber of the board of education of Salt Lake, for a writ of prohibition against the defendants prohibiting them from publishing a notice of election to decide upon the issuing and sale of bonds to raise money with which to purchase school house sites and for buying and building school houses, and from appointing judges to hold such election and from receiving the returns thereof. The district dis-trict court. Judge Anderson presiding, held that upon the facts stated in the affidavit the law did not authorize the issuance of the writ and the p'aintff appealed ap-pealed to the supreme court. The fifteenth fif-teenth article of an act of the legislature, legisla-ture, said the court in rendering the opinion, provides a uniform system of free schools throughout the territory and makes the school trustees of each city of the first and second class, together to-gether with the mayors thereof, a body corporate, and inrsts them with the powers deemed necessary to establish and maintain common schools in the districts em braced in such cities. The ciiy of Salt Lake belongs to the first class. This board is in terms authorized to call elections at which to determine whether bonds shall bo issued, to give the notices prescribed, to appoint judges to hold such elections and to receive re-ceive uid canvass the returus thereof. The judgment of the lower court was accordingly reversed. Counsel for the commissioners gave noiice of appeal to the United States supreme court whereupon Judge Judd announced that counsel for the board of education would resist on the ground that the case was not of the appeal class. The effect of the decision is to virtually virtu-ally set aside the election that occurred on Monday, March 30, and in the result of which it was ordered that school bonds in the sum of 300,001) be issued. Under the opiniou by Chief Justico Zsne, Miner and Blackburn, justices, concurring the board of education edu-cation will appoint its own judges and the validity of the issue will be perfected per-fected by another election. The matter mat-ter has awakened much interest and the next step will be awaited with much interest. The opinion was handed down by Justice Miner in the case of Ferausou vs. Allen, a contest over the clerkship of the county court in which the incumbent's incum-bent's title is confirmed. The decision is very voluminous, and sets forth at great length the basis of the ruling. I Chief Justice Zane and Justice Blackburn Black-burn concurred, hereupon court adjourned ad-journed until 2 o'clock this afternoon. |