| Show NOTICE OF assessment the gooseberry and cottonwood cotton wood irrigation company city ot fairview sanpete co U T OTICE IS HEREBY GIVEN THAT N NOTICE at a meeting of the directors of the above named company held on the day of may an assessment of one dollar and lifty cents per share was levied on the capital stock of the corporation payable on the day of july 1888 to gustave treasurer of said company at his residence in the city of fairview any aily stock on which this assessment may remain unpaid on the day of july 1888 will be delinquent and advertised lor for sale ale at public auction and unless payment is made before will be sold on the day of july 1888 to pay the delinquent assessment with the cost of advertising and e expense K of sale one fourth of the assessment m e nt must be paid in cash B by y order erder of the board of directors D 8 CLEMENT secretary fairview may 23 wit which judge jadee powers claimed to be invalid was the only one under which the witness could make any claim for lees fees and therefore be destroyed his bis own foundation tor for an action the certificate which the witness had received judge sutherland said was insufficient f for any claim as it was signed by a deputy auvy clerk of the grand jury an office which was not recognized by the territorial statute As to the point that the commissioners appointed bv the legislature were territorial rit orial officers that could not be as they were made expressly district distio ct officers such as the organic act authorized the legislature to appoint and their duties were specially limited to certain districts in reference to the real point at issue that the law was passed and approved on march two days alter after the legislative session ended judge sutherland maintained that the record showed conclusively that the act was made on march 8 the last day of the day of the session there was no excuse for cont contradicting the statute record and not a case could be found in this thin country authorizing such a procedure all the records of the legislature showed that the act was passed i during the legis legislative day when the power to enact it existed judge sutherland argued at some length and cited a number of authorities in support of his propositions in twenty six of the states there were decisions to the effect that the court i must accept the record of the legislative department as and could not go behind that record nor define a legislative day and hear bear parole evi evidence deace as to what was done I 1 as i against what the record showed the language langu aKe used in the citations by bv i judge sutherland was quite positive and emphasized the position he assumed the arguments had bad not ended when the NEWS went to press |
