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Show SUrilKMK rilliUT. Iluiluess Trniiutlcil Iltforc the Judges 1 o.lt) , Chief Juillco Kane nnd Associate Jusllcea Anlerson, Itlsckbiirn and Miner ocouplod seata on Iho bench at tlm opening of thoHu'rcuie Court this rooming. Hume minor math's were first disposed of, nfttr which Judge lllackhuru retired upon the following case from his court belog called on. Bi'iiMirri.n ul nimia. llerlxrt llatu ct ul , apia.lla.it, vs Amcrkau I orkCIt) et nl , respondents, respond-ents, In the outset, counsel on illher aide ngressl to allbnilt the case on I rlefa, without argument, thinly saving conslderalile time. The facts may he briefly Hated. The CorMralluii limits of Amerjean I ork City are bounded by Utah Lake, but the lake Itself Is In the suburbs. Camp Htrcctlaoiienttherl!iclal struts of theilty. runs north nnd south, and as original!) laid out by the city, tome Ihlit) or forty )iars ago, did noleildi.l dear tu the I ike; lut In tlio line of Its extcusbii the laud was owned on the east alto by Jamee Chliman, oue nf the llaintltls In the action, ac-tion, audnnthe west bya Mr.Cauiit. In 1891, the city exleuded Camp Htreit southerly to the walcr'a edge, making arrangements wth Mr. (.aunt to take Iho strict cntlrily out of Ida land, bu)lng land of him an I inlying hlui for IL At that lime the wnbr waa high, In 1817 Hie water had receded re-ceded from tho high water mark of lSJ, an that between the line where tho watir waaln Itsi nnd 1SS7 there naa room furabull Hug. riin lilutiir, or some of them, went down lo lliu locality, built n bowery and bath houses, nnd t roventcd lliu en tmnco to Iho lake hy building build-ing a wire fence ncross the street. The tired had la-en used aa a retort to go to the take, fur Iho cltlziuis of American Amer-ican Turk, aul the ro' Melon of the tsiwir) charged tw(iit).llve cents for Hie trlrilrgo of going to the lake or (iiUrlng on thet rinilsi-aatid for bathing. bath-ing. Thn City Oiuncll of American 1 ink tleman led lliat lalntUls remove Hill obstruction, on the ground of its being n nuisance, gave Hum rcpratid warning, bild llieni that tlio buildings umstlai taken down, and finally, afur muili delay, the City Coiiuul uased n ritolutlon directing the marshal to do Hie necessary work. With the assistance of one or two raona enilo)e.l by him, ho carried out the riquett m carefully as KaslbIe, lied up the remaliia of the wilding and oiiie I the street to the lake. I 'leal lit 111 brought nn action fur dam aesi, alleging that tho trisfnuts waa wilful, and recovered Judgment In a largo a nu of money, A new HI it wns granted nitlhaJ.Bnl n aeconl time HieplalntillsrccoTtreilnrcrdli.l,thDUgti not for so large an amount. Julgo Itlaekburn, howevir, ttt aside this verdict aa contrary to the evidence mid tho law; and now laiuu tboanH-ul from that onler. On the trial or the case, Judgo lllatkl urn ill 1 nut to to the full extent i lalmcd by tho defendants, but lit 1 1 that this was a tired, that It went to tho wain's ejge, and that the definJ-mils definJ-mils had the right to remove the bullJ-Ing, bullJ-Ing, Ihuailccldliigwlththe res pendents ou the principal points lu tho case. Till! TAKAIIUN OK I lull kKTV. The case of l'lbmlm I', l.lllaun, rranondcut, vs. Jamca II. l.lnforJ, Jr , ap; llant came m xt on Ihn docket, Attorney J. Ii Iliwllua apjaarlng for Mr, Llnfuid, mil Attorn. ) a Arthur llrown and Hutlarlaud -k Judd fur the respondent. Judge .inu did not sit ou the bench during the hi atlng of thlsnpiaal. ltapsared from the unlng nrgu-menUor nrgu-menUor counsel that In the )iar 1511, l.lllsou, the original ilalntlu lu the action, was the owner olnrbiln real nu larsonat roa.rty within Ihn cor-urate cor-urate limits of the town of Ka)avllle. A lax was Isvlcd iioii this jiroisirty fur coriiorato puriosia, and iA)ment tlicnol Uiiig refused, the propirty was levied upon and sold to teairo ui) ment The ilalntlll'a on'eullou naa that his proiarty waa not t liable, because, being situate at aomo dlstame fruui Hie mure thickly tcltlid iiorllou of Ku)s-vllle, Ku)s-vllle, It recilvwl no lametlt hy the ex-IKIlJIIUlnnf ex-IKIlJIIUlnnf the money drilled fro.il turli Uintbn, that tlm iharter enacted by tho Territorial Leglslatun , deflu lug the Inundarlea of Kaisvlile anJ authorizing thu tax, was void, first, he cause unriasoiiatile, and, sicond, lie. cause III vlohtthn of the Bflh amend-Hunt amend-Hunt of the ComtlluUou, wlikh provldi-a that "private roirty shall not bo taken for public use w Ithout Just coniiisatlon." In auiiort of this view, the deilelon of the lirrltorlal Hiileme Court In Hie case of the lir rltnry at. Daniels (L'J I'acltlo Ilriorter, 153), waa relied upon. Counsel also In. listed that 111 view of the aieclal clr cumataniia of this (ate It la not within llioduiiatoii of the Daniels case, and further, that If within (hat dtclsloii. that late waa erroneously deel let), ami Uion review ihoul I lie overruled. The charleror Ihn ell) of Kayivllle waa pnm.it! 1'ebruary 18, IbOa, lut had never been revoked or annulled by that laid). During the course of the arguments the opinions of Jiistlcei Held, Miller aul other eminent authorities were roiloualy quoted by tou melon both Die case w as still In irognasi whin tho IN IMS n port t losed. |
