| Show A STARTLING DECISION the days telegrams contain loftier matlon mation that judge dark clark in the S circuit court at Chatta chattanooga tte nes rendered a decision which likely to create some little conr con w tion the case was that of a 0 vs the tennessee river trans paSy tion company and the question at sue was whether a tax or ft a mo mortel lien Is paramount the judge h hemn favor of the latter proposition tua that that a mortgage claim holds arta over a tax claim and must be fled first the dispatch ann that if the ruling is upheld by the preme court of the united states will mean severe losses to the sev states counties and cities in tabea v judge darks clarks ruling is s less based upon the provision 4 fit the constitution to the effect wt 1 that laws must not be made that impair the taij validity of contracts and that therefore a mortgage being not only a aoa tract bat a high form of contract be fa ing under seal cannot be disturbed tar legislation the law of utah on oat subject and which is substantially same as that of other js thail tax lies against the property ty instead the individual owning it and that matter to what extent encarn encumbered previously or subsequently to the 5 asting tax lien enjoys priority over other claims of whatever character cha 3 if it were otherwise such a conditi of things as that foreshadowed foreshadower fore shadowed by h dispatch would undoubtedly vail pro property pettY in many could be so involved a its title rendered so 0 ob sea that the state and subdivisions thet j of would be completely baffled la in aagaat attempt to reach it or its owner iba W thus the tax which lt it ought to would be lost the judge ac accod to the meager account of his bu TB furnished holds the tax t to be a bonal obligation and the property property cannot be reached by the co there is any preexistent pre existent lien u up ach shall have been duly placed mere by the owner rt itis to to be hoped a fuller statement of 4 the scope and effect of the decision VM modify the conclusion which the furnishes or that the news g gatherer a supreme e e court of the nation will take the needed action to secure modification as otherwise not only losses but trouble and mischief presently incalculable will surely result it seems singular that any judge would con a portion of the charter of the land and so as aa to make it mean that the citizens obligation to his fellow citi x zenis nis higher than that which he owes to the state certainly such was not the meaning of the framers of that instrument str ment nor has such been the practice under it for the long period of during which it has been in existence 7 years mrs |
