Salt Lake Telegram | 1935-12-26 | Page 5 | Briefs Challenge Road Board Power

BRIEFS CHALLENGE ROAD BOARD POWER Briefs supporting arguments the state road commission is without ver po power to exercise the right of ot eminent emi nent domain were filed Wed in state supreme supreme supreme su su- su- su preme court Thursday by attorneys for tor Warren D. D and Martha M. M Barn Barnes s and Clar Clarence nce B. B and Maria Marla A. A Steuart Davis county land land- owners They seek a writ of prohibition against Judge Lester A. A Wade Vade of ot the Second j judicial district ct and the road commission preventing enforcement enforcement en en- of at an order permitting the commission to o occupy cupy the plaintiffs plaintiffs' plain plain- tiffs tiffs' lands The court action contends the constitution delegates the right of at eminent domain only to the state Itself it itself itself it- it self and not to a a. commission