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Show FMBTEDJi COURT. The Dramatic Spectacle With Which the Gallery Was Greeted at the Morning Session Before Judge Zane. Eobert Bowman, a Wrinkled Polygamist, ; Overcome While the Sentence I is Being Declared. CLUTE IS KNOCKED OUT. The Eednction of 20 Per Cent in the Valuation Val-uation of Property Sustained By the Court. A NOTICE OF AN APPEAL. The Bights of "District" Eecorders DefinedAn De-finedAn Eventful Day in the Realms of the Law. An episode, so intensely dramatic as to engrave en-grave itself upon the memory of every person per-son who witnessed it, occurred during the course of the proceedings in the district court chamber today. Robert Bowman, a wrinkled old man of 00, who failed to report w hen his name was called yesterday and whose bond was thereupon forfeited, came ambling into the court room this morning and informed the prosecution that hU absence was wholly unintentional. He now wanted to redeem his sureties who were held for f 500, and to resign himself to fate. The indictment charging him with termine the correctness of the work of the assessor. The board of equalization is made a tribunal to which any person, feeling agrieved, may appeal; ap-peal; and it is vested with authority to examine ex-amine the assessment role, and my opinion is that they have the right to make such corrections cor-rections as they think proper. A question is, Did they take any evidence? The presumption pre-sumption is that they acted with reasonable evidence. California reports hold that where it does not show that evidence vas not heard it was heard. The court will not interfere with those discretionary rights unless they have been transcended. Assuming that the city council had that discretion, the court would not annul the resolution, but it is said the resolution was not a reasonable one that the effect was to render the assessment unequal, un-equal, that the assessment would not be uniform; uni-form; that it would be the assessing assess-ing of the personal property at a market value and the realty at 80 per cent of its value, and I would be disposed to hold that they did not have the right. The assessment must be just and equitable; equality is equity and justice. They would not have the right to make discrimination, dis-crimination, but the question arises here: how is the court to determine that the reduction reduc-tion made by the city council reducing the assessment of the real estate 20 per cent below be-low its cash value, was conclusive. If wc take it as conclusive, then the valuation of the assessor was 20 per cent above the market value. I wouldn't be prepared to say that it was down below its market value; and there is no-evidence here by which the court can say that the personal property is assessed at its market value and real estate at SO per cent of its cost or market value. It must assume that the council or board of equalization intended to do an injustice; that it intended to value the personal property prop-erty in persons which persons had their capital cap-ital invested in a manner to do them injustice. injus-tice. The prayor of the writ is denied and judgment is given for the defendants. Stay of proceedings was ordered for two days. The Fee Was Illegal. In the ease of the people against James T. Monk, helduuder an indictment for exacting illegal fees us a mining recorder at Cottonwood Cotton-wood Judge Zane today handed down an opinion that will be of interest to all those holding similar oQces in the territory. The unlawf jl cohabitation was read. During a period extending from August, 18S3, to July, lSjl, he was indicted for living aud cohabiting cohabit-ing with two wives, "Mrs. Robert Bowman" and Amelia Johnson. "What plea have you to enter?" demanded de-manded the court as the old man rested his elbows on the stenographer's panel and buried his gray hairs in his bauds. "I dunno," muttered the prisoner. "I wantter see." Have ou an attorney a la-yer?' "'o, sir," 6huddered the prisoner. "Any means with which to employ one?" continued the court impatiently. "No, sir." '-No house and lot ?" "Yes, sir; but my first wife lives there." "Thru what do you want to plead?" 'T told the officer I was guilty,but but " 'And what plea do you to enter now?" The prisoner's face was blanched, his limbs began to quiver and shake as if he was seized by some awftd paroxysm. He was dumb with fright, if not with penitence, and grasped the panel to which he had dovetailed dove-tailed himself with desperate effort to save himself from a falL He finally rallied ral-lied and lisped: "I say guilty then. I lived with my second sec-ond wife." "And visited your first?" "Exactly," gasped the prisoner. "Didn't you know it was wrong?" resumed re-sumed the court. "Didn't you know the church hud prohibited it and tbnt you were living in defiance of the church who by its manifesto had prohib'ted polygamy, as well as the law? I don't see any excuse for you. You have violated the law of the land and defied the creed of your church. The court sentences you to imprisonment impris-onment for six months and assesses a fine of of tioo. case came up yesterday and was submitted on a tare statement of facts, the question on both sides being whether the accused ac-cused under the "local" law was authorized au-thorized to collect a fee recognized by that law. Ruling upon it this morning Judge Zane said: "Ths prosecution was instituted against the defendant for the charging of illegal fees, in that he demanded $3 for recording the Silver Gem mining claim, when, it is contended, he was entitled to but 7C cents under the law. The law Is that thess districts shall be provided with a recorder, re-corder, compensation for which is provided in the bill of fees for recorders. To demand more cr to refuse to make record of the Instrument In-strument is a misdemeanor, made punishable bylaw, the law specificially providos that the compensation shall be 50 cents for the first folio and 20 cents for all additional folio, making in this case the arneunt to which the recorder was entitled about 70 cents. In section 453 the penalty for violation viola-tion is removal or punishmeni. and fine in the peuiientiary. The question is, Which shall control ? the miuers of a "district are authorized to make laws where they are not in conflict with the United States. It gives them the right to make the location, to define the manner in which it shall be recorded and determine the amount of work necessary neces-sary to hold the same, but nothing is said about fees or compensation, and I am of the opinion that that section governs which especially es-pecially prescribes fees for county recorders. The defendant here; charge more than was authorized and the act was illegal. The stipulation u$r,ed upon by counsel admit that the act was committed, but sets up that it was not the intention to violate the law. Ignorance of the law is no excuse. He sets up the right to charere according to the local law, and there is a distinction between the doing of the act and the intent to violate the law. The court finds the defendant guilty and will pass upou it now if it is the wish. Mr. Brown, defendant's counsel I pre- sume it is well enough in that it will inform others who are governed by local laws as to the position occupied by them. The court I shall, then, impose a fine of $15 and costs of the prosecution. The case rested here, counsel reserving the right to reopen it on the stipulation. An Adultery Case. The criminal calendar for tomorrow opens upon the case of the United States against Jno. R. Howard and Eliza Everill, charged with adultery. The unsavory issue was aired at a former term of the courr but the jury failed to agree upon a verdict and it takes the, lead on tomorrow's olio. Briefly, Howard and the avenging husband met in Ogden. They were countrymen and the bond of 6vmrathv began to ripen at Bowman staggered and reeling fell into the arms of the bailiff who conducted hint to a scat on the prisoners' bench. He was overcome and sat there like a dead man until aroused by the deputy marshal who escorted him to the cage. Mr. Clute Knocked Out. Judge Zane this morning sustained the city council in its 20 per cent reduction in the assessment of all property, whereupon counsel gave notice of appeal and a stay of proceedings was ordered for forty-eight hours. The opinion descended from the case of Hirman Johnson vs. the Mayor, the City Council and Recorder Jack cf the city of Salt Lake. The court said: The petition filed asks the court for a writ of certiorari to annul the resolution of the city council sitting as a board of equalization. The resolution is that the assessment roll be corrected and revised re-vised by reducing the valuation of all real property aud improvements to 80 per cent cf the valuation as assessed, except on such" real estate and improvements as have already been or may hereafter be reduced in value by this board for special reasons, the valuation valua-tion of which is to be reduced to 80 per cent of the corrected valuation thereof; and that it be the sense of this board that the city council instruct the proper official to refund to all taxpayers who have heretofore paid their taxes, 20 per cent of the taxes paid by them on real property and improvements. The effect of this resolution, if it is valid, is to reduce the assessment 20 per cent or to make the valuation 80 per cent of the assess- once. Mrs. Everill was yet in England and when billed to appear on the scene, Howard joined the. reception committee. Mrs. Ever-ill, Ever-ill, to help the family along, took in lodgers. Howard was among them. His admiration ad-miration for Everill ripened into love for his pretty and voluptuous wife. Howard was a married man, but he lavished his attentions on a married woman, and notwithstanding the expostulations of Everill his wife received re-ceived them. He finally appealed to the law and the defendants were arrested. The second trial will occur tomorrow. Court Notes. John Cummings who was found guilty of housebreaking was sentenced to three years' imprisonment in the penitentiary. James Williams, the footpad who was convicted con-victed yesterday, was this morning sentenced to six years in the penitentiary as was also James Sullivan his confederate upon the occasion. - Probate Court. Estate of James Fairclough, deceased; order or-der made fixing November 6 as time to hear ing settlement of final account and petition of distribution. Estate of William Yeates, deceased; order made fixing November t as time for hearing settlement of final account and petition for distribution. Estate of Edward Callistcr, deceased ;order made fixing November 6 to hear settlement of final account and decree of distribution. Court adjourned for ten days. ment niaae Py ine assessor, it appears from the returns of the city council to the writ of certiorari, that the time for the return of the assessment roll was extended and that it was finally returned return-ed August 4, and that a time was fixed for the city council to sit on a board of equalization equal-ization which would hear and determine upon objections on August 21. The board sat from time to time until there were 919 objections to the assessment and finally on September lb' the resolution read was adopted: ad-opted: and the question arises, had the council sitting a a board of equalization power to adopt the resolution and reduce the assessment of real estate 20 per cent. Both sides concede that the council is given authority au-thority to hear and determine objections made to assessments, but counsel for plaintiff plain-tiff contends that the authority to reduce w as confined to those making special objections objec-tions and tiiat the action of the conncil in this case was therefore without authority. So that the question is, had the council as a board of equalization authority to make a general reduction of all property to that on which objection was made as well as that on which no objection was made? The court here read from the law conferring confer-ring authority on councils and providing for a board of equalization; the powers of the same, to take from or add to assessments. The reasoning is, continued the court, that tbi council shall hear the objection and evidence evi-dence upon the same and upon it determine" tho validity of the objection. The question is must this power or authority be confined to the objection or whether it applies to id-teratiou. id-teratiou. The reducing or adding to would he an alteration of the rolL Here the council coun-cil has not added to could they add 20 per cent to it if the assessment was not large enough? A man would not object to an assessment if it was too low people rarely object to benefits tnd reductions in their taxes. At least I have never heard oi or.c yet. The council as a legislative body of a city is invested with judicial f unc- tions, it has wide discretions in many directions, direc-tions, bo far as the legislature has seen fit to entrust the affairs of the peoplo living in the community to the local authorities. Seotion 178" also applies. Here the board is authorized author-ized to administer oaths and require the holders of taxable property to give the value of it under oath. It seems under this they have authority to summon witness, hear ob-jettiouA ob-jettiouA and . to pats upon and de- |