Show WHERE TEST I I Of LAW CAME RATHER LATE Northwest j Drainage District Dis Dis- Dis- Dis Citizens Urged Not 1 to Pay Their Tax I DECISION IN COURT I CAUSES c USES CO CONFUSION FUSI N Similar Conditions Conditions' May Arise Here Unless Com Com- For Form Tested ested i owners In the the no northwest I dr btag district district ars an advised by the thc thebo bo Doard d of f c county ty cO commissioners and by bythe th tb the county oJ ty attorney not to pay this years year's 8 drainage e tax If it has not al- al rea n paid paid Under a recent ruling j or of the he state state supreme supreme court the act un under er I which bleb this tax was has has been becu I Ie held e 4 unconstitutional and to avoid trou trouble bl ble the aut authorities say it will be well j i for owners not to pay the tax j Tho J n aud and the attorneys attorney's ney's nes office with I e arc aro Kept busy daily iries from property owners in t thel the e I l 1 ast e district l tr t as to h how w I of this years year's s tax e can be f ee ired and how bow it is possible to secure I 1 Jar li of the tax colle collected ted under this al' al I c o opinion in n of County Attorney 1 I. I 1 E. E tw fis is s that the eo commissioners 1 is neith- neith z can make an abatement nor ner refund rofu tb of a w year year year yeara a ago o. and that this l must bo bi adjusted by hYthe the courts t t e county docs does not collect the mono mon 3 l' l for lor it itself elt but purely as an agent for forth th who mho form the drainage district dis tha- it is the opinion of tho attorney that tb the could not possibly bo be held responsible for fol the money and in in- t ons are arc that the only redress swill will be broin f rol the drainage district itself Y id Some Trouble fAt as liS there thele arc are sonic some who have have- paid not tho the tax it is tho the advice of officials i that they lo do not pay it t d tl Jl will avoid a a. small part art of ot tho the which are arc as a are re result re- re sl sult of the supreme courts court's ourt decision inline o of the tho supreme court was made maile several sc weeks a ago o in the case of Benjamin Argyle r le against M. M Johnson treasurer of Utah county The supreme court affirmed d tho inclement of th the thedis dis- dis triet court in iu ell jawing enjoining Treasurer Johnson from collecting ng the drainage tax made under the act which the supreme court holds is A that it it t permits tho the r r p tr n or-draina or e. e districts with powers ers Fr i inferred Conferred upon them to take private by bv taxation for br m mere n re ate private b benefits and advantages and not confined eon con fined to public usefulness arid and benefit further it is held bv by the court that DO no opportunity is given t to objecting land owners to protest a against the tle tax jax which the act provi provides es shall b be levied by too bo of county com corn n ers However r. in that it aut au- au t ori s the tbt taking of public property wit without bout the due process of ot law the tho su- su held that the lower court be affirmed Tt Tangles Are State Wide The ruling b hs lis s r resulted in iii le legal al tanks tank's tan tan- k's ks Js throughout out the tho state tato jn in reference to to- the tIle drainage cU district tax Unless there should be he beJ a te test t of th tb the form of government o law a W i identically the thc s same conditions s as ai nJ si 1 l' l to municipal pal 2 cou could d arUe arhe are in Salt Lale Lake Should some seine citizen citi Hi zen nob ct to a 1 tax le levy lew which might lie jie decided keidel upon bv hr t the hI commissioner commissioners and ind on on the basis basi of af the levy y e fixed he b. b ld other citizens pay their taxes tates recourse would be vers- vers l difficult should court ourt hold the law as us such rulin ruling would 1 Hite all ll arts arts' of the commission Should have e already spent the them m tl Y laid id him by the citizen in in taxes tates court ourt 1 have hav to det determine out of whose pocket such a refund would come |