| Show jt i IN A FIGHTING p pIN MOOD Clerk and Attorney Nearly Como Conio to Blows at Today I Special to News I Ogden March 26 This morning meriting J I ti County Clerk Cerk Hollingsworth and Judge A G Horn engaged In n a wordy dl In tho the clerk over ocr the tho thoL L tatter of ot certain papers which Mr Ir 1 Horn Born wanted Immediately but which Clerk said ho Ito could not for Cor tWo five days d 11 II The Tho attorney fail MIt failed f I ed et to sea fleo the tho point and In no uncertain II U thin tain terms term told Mr Ir Clerk Clark that ho he was wan y too and should be bo called down for tor hU Itis lack Inck of courtesy courieR Ir j to patrons The Tho clerk would have hare none nono nonoI I J of his lip Up and Immediately notified tho the sheriff to remove tho the Irate attorney J from tho the boundaries of ot his but hUl butas hUlI butI I i L as 08 no flO sheriff came Mr lr Horn left tho the 4 1 office swearing vengeance on Oil the man InAn 4 who dared dictate to him It Is 18 I un tin understood tint t t thero there has haft Ilen bad tiati blood be between bei beI i I tween the men for tor somo seine time past and I it Is regarded ns an R a wonder that they the ti did lid not como come to blows at this Ibis morn mornA A tugs lugs ItU hearing I II I A At complaint was wall sworn to this tile morn morning mornIng j ing jag before betor Judge Howell by b E 1 K Pe Pc e local manager of ot tho the baker Wagon company against Thorn Thom Thomas Thornas as 18 J Thomas charging him with grand gr Ml ii j Thomas It appears pur purS S I i chased n a hack some time ago ngo tar for which y ho greed agreed to the sum um of ot 1500 SOO lie He Heh liei 11 h i van IM unable to make inako tho the payments lIt i i I last evening ho lie wont went won t to tho the homo bomb of ot c Mr Peterson anti 1111 Informed ll him him that n It ho hi had returned the hark hack to 10 the com comi i I warehouse When hen Mr Ir Peterson on oni i TH I went vent to tho the warehouse o however tho the thou u j lineR hack was IM w not there theio us as Thomas ThomasM 11 M was vas mIssIng from his accustomed 1 haunts he Ito concluded he liE had skipped out ant with tho the property rt y hence henr the suit stilt The Tho police have luo been b n notified and are on tho the lookout for or the man muon Mrs Irs L Ij G 0 was given Ien a n preliminary this thle morning be he Ii foro Judge Howell unwell on tho the charge chArRo ot of 1 I forgery it alleged that hp she fors for cor fored d cd ed d tho the nune of dC Elizabeth Billings Hillings to n a 1 deed leet for fOl a tt I certain piece of ot property rl on avenue The Tho testimony t of ot Mrs f J Green a n Salt Bait Lake dressmaker ty brought out tho mot t th lit hi hn h nt at the 1 I i wiliest ot of Mrs Ir McKI the I noun of ot Mrs MrA Rilling deed dei d d In f question th lb ot I r Mrs McKinny The d I is in sworn to before Charles Chlrles n I notary pub public I lic lie und and duly tiled med In lit the recorders of at f fIlc 1 Ilc Mrs Mrle now claims the property The fits testimony was ni such as asto III asto to to convince tho the court COUt of ot her probable I guilt she Pho ho was vas bound over oter to the tl 1 district court In lit bonds hondR of lit ISOO 00 which y r i site she rime Tho defendant Is tho wife of time late L I 1 O Q L once a prominent of at this oils city elty Tits This morning J Orez I end and John I D ver Mt Judge II Howell on tho the charge of ot vagrancy preferred against them by h I John Orol Grel l 1 her proprietor nf ot tho the Bismarck su All loon hon When SIon examined tho timo men testified fied 1 that left 66 fi 5 on det deposit with thu tho of ot the tha saloon n non nonI i t which h the latter refused to sho gio him himI I when lien so 80 requested On title this showing tho the hearing was n continued till this thin evening nt ot 7 when and 1 his bartender bo bt lul M to rise rl o and andi i J explain n nIn i In this I 1 cannot I J think tho the ii proper Priner limitation upon the tho use of ot school property has tion b on placed by the begin laturo of ot this Mate tnt and that Is iii I that no nn nono noto to no ot of property shall bo be hail had which in any way Interferes with time the paramount uto ume to which It II has hns been dedicated II by b the tho public Thus In lii schools the time public must t nut use the time building at sit lilt when occupied for tur school chool purposes tier nor must mu t It be b used usell at nt any Iny other altar time Urns It if such Ruch ue use U e will wilt interfere with the time proper and Ind usual arrangement of It time the school chool furniture Within these limitations the time trustees have havo a 1 right to penult the use Ume of school property for tor religion rI Pu bile and a eti ura Rath gath go th i of ot nature anti and such USe usa has hAms always and universally been approved II Thus the Stales mj court courtroom courtroom courtroom room the halls hails of ot Congress and other public federal buildings have frequent frequently ly I been occupied for rO as national funerals memorial or other national capitols capitals and state In Institutions Institutions institutions of ot every eer sort soil have frequent frequently ly I been t 11 thu Ito scene Beetle of ot state ladle and public state stale meetings reality county court courthouses houses and city ell halls are rite the usual u places for Cor holding conventions find similarly Inc country countr school houses hou e have been p to o 0 be the public halls holls for tor the rural citi I Nor Noi do I think that It Is contrary to policy for tor schoolhouses to be used for tor occasionally entertaining thu tho th pupils of ot the time school with conceits ts or welt oven school lances Buch recreation Is III as tin n CL part ot of public education MR Its the military mil It or drills and marching usually taught In well troll ell regulated the mere fact that such recreations re with the seating eating furniture of ot the school Is Ii no valid objection be bl no Ito Inhibition exists t such euch Interference If It done don tot school pur Poses pores lint Hut lit It would be he contrary conI rury to the of ot time the law int If It such lIuch Infant recreations lion ions were und ulI d a n a n means to u Ada th tim letter of ot the statue Childrens dances lire are legal but butt they can coil cannot not upon tipon any nil be ue turned Into a II to which the he general public I Is Invited tutu and participates When that hat Ii I done don the tho recreation la In l no longer for far school purposes and amid clearly within the condemnation of oC tho Ito lilt Bit prema court cited It 11 U Is I apparent that the tho trustees have hace the purport of tho the Su Him premo court decision on Dud and tho the decision of this court upon the tho preliminary and that they entertain tho the opinion that u it 1 public dance IB is only on pro prohibited when wholly Initiated na ns and not hot forbidden It U follows follow a it permissible p childrens recreation dance ilance In this they are arc wrong wron nod they should be bp enjoined train from such an al net ocl Tho The Injunction must Issue neither party to tax witness fees feen nil 1111 other costs to be he taxed against the tho defendant trus true trustees trustee tees tee Let bet findings no and judgment bo be entered accordingly IMPORTANT DECISION rIte Tho following Important was tram rendered by Judge Juho II H II H In the Case ca e of or 1 J T r F Terry Terr against t Jonen Josep Jo ep Car Cur Carver Carver ver er ct et al nI trustees of ot school district No 2 of Weber Semer We county Tim Thin plaintiff u tt 1 taxpayer payer In III school dis dip district No 2 brings brInn the agaInst The nIl trustees of or the time district dl for tor tho the purpose of ot obtaining o a n decree decre if it the tho court couT enjoining them Item from pet nutting public private dunces to be held In Inthe inthe the tho Warren Worren an mm edifice e cred erel by b public taxation of at tho time tits die district dietrict for educational Tho The court after briefly summarizing the case renders his hl as ns fat fol follow lows low lowThe The Tho chool trustees Justify their th lr ac no action notion tion of or permitting 11 in the thA school schoolhouse house bonne C upon the ground that by Iy h time the provisions of ot section 1822 I luv Stat they have a mm 1 right to permit a n school schoolhouse house OIl when not 1101 occupied for purposes to be used for tOI any an purpose which will sili not Interfere with the seat seating lug ing or other furniture or 01 property and that html these theve the e dances did not ro so interfere and second upon Ullon the ground that tim the dances held since the tho hearing the preliminary Injunction shows shown that their Intent Is Im simply pimply to 10 advance tho the physical cal enl educational welfare of a the th pu pa pupils pits pils time The supreme court of ot this thus state Mil liOn placed nn nit Interpretation upon 1822 which leaves no moo doubt as OR to 10 their In n im tho the case caso of ot I Lewis els VH vs II Bate nate man 13 tho the court ways Hays That Flout the ho converting of at n R part of or u it I school building Into Inlo a U danco olance hall hal Is IR unauthorized amid contrary to public policy as ns It would In effect err t be he a n of ot trust mist property and opposed to thu thos th principle that bitt citizens cannot be taxed for private purposes Under tinder that decision It I is III clear that a 1 dance anco held In lii a 1 public e to which the time general public Is IB Invited is a n legal wrong for tor the perpetuation of ot which an not Injunction will l Jue upon Ulon tho time complaint of any Interested taxpayer It Is In also contended by b the tho plaintiff that any use of or the school building other othor than time tho mere holding bottling of or class clans cla R studies and class recitation Is 18 nn as opposed to public policy arid and that In so tar far as ns section 1823 1822 bestows be stows such right upon tipon the board of at trustees It is unconstitutional void |
