| Show THE TRE SEVENTH DISTRICT SCHOOL TAX THE FRIENDS OF EDUCATION elgut FIGHT AGAINST ITS collection J A suit has been instituted instituted in the third district court by bv non 11 mor mon on residents of the seventh school district to prevent the collection of the tax lately assessed at the school meeting held there for the purpose of raising means to build a new house the plaintiffs are L S stevens samuel kahn samuel S walker F it anderson H H hill at E hill W S clays emil W bailey rachel regg rege ae ea elJ jal jai IM ial harvey john lEllen B fulton haight T M I 1 H lipman J 0 mather george y S hill abble abbie bla bia mahoney honey H monheim I 1 L dickinson john 5 S barnes al hirsch man john J kelly jacob alt james F bradley J al dart E dickinson H 11 hardle hardie J F hardie hardle IV P rowe rowel B B VanD VaD etise elise isabella downing jennie A Fr froiseth al S severance mrs L king john horlick J L an and d louise lange and the defendants LAL I 1 M waddell henry N wallace and B G Raybo ulc the trustees and 11 Ht assessor and collector of the seventh school district and N V Jones collector of salt lake county the gist of the complaint is as follows I 1 aws the plaintiffs complain as their cause for action that each of the plaintiffs 1 now is and at all times thereinafter mentioned wasa was a resident of the ath school district and was a property pr taxpayer that the defendants were duly elected and qualified school trustees that at the meeting at which the tax was levied none of the plaintiffs voted for or assented to the levying of any tax at any rate whatever for ana any purpose Eur purpose pose at me etie meeting aforesaid that the reb reh i it of said election was in favor of levying a tax of I 1 per cent to bull build d a new on oil each dollar of taxable property in said school district that by it each of plaintiffs should be required to payas a tax to be used in build building in P such schoolhouse that unless collection thereof be enjoined and said assessment be annulled each of the plaintiffs would be required to contribute or pay a large amount of money as ills lits or her proportion in the to 1350 that they did not receive notice of the assessments upon their properties and had no mo opportunity to appear before the tiie board of equalization that the id day of november was the last day on 01 which to pay the tax that ever since the organization of the church of jesus christ of latter day saints its authority in temporal as well as spiritual matters mattei s in appointment and elections to office the settlement of controversies trover sies and disputes concerning property and personal krisht rit nit ht the appointment and qualifications of teachers p etc that it exercises in all school districts its authority so claimed and excludes from all control etc every person who ls is is 14 not a mem member berof of sald said church that for fon reasons af aforesaid the chil chii children dreno of a I 1 large arge minority of the territory and of the tiie city including including those of the plaintiffs have been and antl are now excluded from all participation in any of the tile benefits to be derived from said schools that plaintiffs charge upon information and belief I 1 that philettie lettie iettie manner in which this and all other district schools of the territory are conducted including the selection and employment of teachers is controlled by the lay and ecclesiastical officials of said church to whom the trustees refer and chosa counsels they listen and accede to in all such matters teachers are members of said church that plaintiffs charge on information information and belief that the teachers and pupils during school hours 1 do engage in certain devotional and r religions I 1 ous exercises and that at elif eilf least ind indirectly erectly the doctrines and tenets of said church are inculcated and taught that believing this plaintiffs do not wish to be co compelled belled to contribute to the support of said school or to build any such schoolhouses because they charge that said schools are and in the future f will be sectarian in their character that said pretended tax levy and assessment was and is null and void and that van dam has threatened to enforce its collection wherefore the plaintiffs pray the decree of this court adjudging and decreeing breein that said pretended assessments be annulled and that defendants fend ants H van dam and N NV V jon Jones es and their and each of their successors Ss ors in office and all persons acting in aid or assistance of them or either of them and their attorneys attorn evs and counselors be enjoined and restrained pending this suit from enforcing the collection or payment of said pretended tax or any part thereof f from rom either or any of these plaint that on th the final determination thereof said defendants fend fond ants be perpetually so enjoined andhor costs of suit plaintiffs pray for such other and further relief as to justice and equity belong it Is signed by dickson dickso varian and C 0 whittemore attorneys for plain judee zane to whom the matter was presented yesterday afternoon grant 1 ed the restrain restraining im order and the papers were served on the defendants |
