OCR Text |
Show ARE THE BONDS MID? The Supreme Oonrt Galled on to Decide The Issue Between The Board And Commission. THE APPEAL BEING ARGUED. The Record in The West Appeal Admitted And The Celebrated Case to be Riopened. The lounger who sought the supreme court chamber this morning with the expectation of hearing a sensational decision was led by a false alarm. It had been rumored that a decision in the Ferguson-Allen election contest had been arrived at by the judges and that it would be handed down. There was no foundation whatever to it. On the contrary the court is not "billing" itself and the public, notwithstanding the crafty vigilance of the court reporter repor-ter Is not likely to get notice. Proceedings Proceed-ings this morning began with tho appeal in the case of Doctor Jacob J. West who is now languishing in prison upon a sentence of five years for adultery. adul-tery. Leave was grauted to file the record and Col. II. V. A. Ferguson is awaiting the "eye of the speaker" that his arguments may be presented. It is understood that he has looked into the matter very studiously and that he will handle a number of points that will be of interest and information in-formation to the bar. The case of T he People, rel The Board of Education vs. The Utah Com-mission Com-mission was then opened, the plaintiffs being represented by Messrs. Sutherland Suther-land & Judd and the commission by Messrs. Baldwin & Tallow. Tho issue is one that has already been presented and arises from a difference of opinion between the board and the commission as to which has a right to direct an election pertaining to schools. It was originally argued beforu Judge Anderson Ander-son of the district court, w ho ruled that it came within the jurisdiction and prerogatives of the commission, and upon that decision the election was hold on Monday and bonds voted in the sum of $:i00,000. Counsel Coun-sel for the board have clung tenaciously to their position, however, and arguments argu-ments on the appeal to the supreme court were opened by Judge Sutherland Suther-land with Chief Justice Zaiie and Justices Jus-tices Blackburn and Miner presiding. Judge Sutherland stated that it was an application to prohibit the commission commis-sion from acting in the premises, the alliant setting up that the board of education edu-cation deeming it important to buy sites for school purposes had determined to submit the question of issuing bonds to the voters of the district. Upon this the commission designated a dav for the election, and the writ of prohibition prohibi-tion asks the court to prevent the commission com-mission from interfering. "The suit," continued Judge Sutherland, Suther-land, "is upon purely business considerations consid-erations and not to further any political aim we all want to see the bonds issue is-sue and go on the market without a shadow of doubt as to their validity." Judge Sutherland went inioall of the legal features of the issue, introdnced a large number of authorities in support of his position, and at the conclusion was followed by Mr. Balwin, after which the matter was submitted. It is the universal desire to have an early ruling upon the issue as the board of education, as well as its constituents, con-stituents, are anxious to place the bonds and proceed with the improvements in view. |