Show SCHOOL NEED NOT PAY ITS SPECIAL TAX Decision Rendered on Application Application Application Ap Ap- Ap- Ap of Longfellow for Sewer Special taxes may not b bp levied on school property In fact no sort Bart of tax ax may ma be levied against a schools This was tho the rulin ruling of ot the Utah supreme su suo preme promo court this morning when Chief Justice D. D N. N handed down an oral opinion in the case of ot the board of education of oi Salt Lake Jakc City a against G. G x F McGonagle city engineer eng Justices J. J B. B Frick and V. W. M. M McCarty concurred con- con Tho The case was the one which came about as tho the result of the tile attempt on the tho ho part of tho the city to colle 98 from Irma the he board of education wInch which was the he amount mount of an nu assessment levied against the he board for the tho laying of sewer ex ex- tension serving t-erving tile the Longfellow school rho Tho court held helel that under the statutes statutes stat stat- utes of Utah no municipality has tho the ri right ight ht to le a general or special tax against n tho the real or Ol personal property owned and used for public school pur pur- poses The court held that the assessment assess asses ment mont of 98 93 n against the tho board of education edu edu- cation for the extension of the sewer past tho Longfellow school and connecting con- con the tho school with the sewer was illegal Hegal and void oid as under the statutes the he board was exempt from this and andall andall all ill other taxes In answer to a question from Mr Dininny the court held that while the cit city ity owns the sewer it owns and opera oper- ides tes it only for the benefit of the pubic pub lie ic inasmuch as it was paid for out of public funds A short time ago ngo the tho board made written writ writ- ten en application to tho the city engineer for tor a permit to connect tho the new new addition of ot the tho school with the tho sewer and Eind this was reused ro roused ro- ro used fused on the tho ground that the tho board of at education had not paid Its ite sewer Hewer assess ment meat The board applied for a a. writ of ot mandamus to compel tho the city engineer to issue the permit The court directs tho the city Ity engineer to do so A number of ot prominent lawyers of ot the city Ity declared that the thc opinion of ot the supreme supreme supreme su su- su- su preme court In this case was wu one of or the greatest and moat most far tar reaching that had hadeen been een handed down In years Some sa say ia that hat under this ruling the school board will not be compelled to pay water tax nor any an other tax that nay may be levied by b bythe the he municipality in this or an any other city or 01 r town in the state The case cal decided thin this morning was argued ar ar- ar- ar gued yesterday having been made mado a 11 special ape ape- cial lal order |