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Show Milltud County PI! m re, i aifyrjjopUs ( cent No. x Subscription $2.00 a MILLARD ear, COUNTY PROGRESS, FLLJLMORE, , S5. COUNTY ATTORNEY ADVISES COMMISSIONERS ON LEGAL MATTERS Milton County Attorney ville recently advised the Millard County Commissioners on two legal questions which may effect many of the people living In this county. The first letter, so addreesed to the County Board, related to a tax title ault, recently decided by the Supreme Court. We understand the decision may effect some tax titles In Millard County. The letter la printed herewith In full, and 1b self explanatory. Jan. 14. 1940 County Commissioners Fillmore, Utah Dear Sira: On January 9, 1940, the Attorney General of the State of Utah rendered to me an opinion concerning the taxing of water rights In this State and County. In this opinion which is too long to quote word for word be says in inspect to assessing rented watei : "Manifestly, therefore, where the water rights are owned by one person and rented by such person to another haring no privity of ownership or Interest in such water rights and who usod such water rights on lands owned by him and In which the owner of the water rights baa no Interest whatsoever, such water rights must be taxed separately. If taxed at all." "Water rights may not be assessed separately from the land on which they are applied where there is unity of title and right to use In the same person. But It ta plainly otherwise where there Is no unity of title and where the owner of the water rights seeks to commercialise on the same by leasing or renting such rights to those who would otherwise have no right to the use the'jt" "jv"a my 'opinion, therefore, that rases as may exist In Millard County, the Assessor Is justified In aseeae'ng such rented water rights as personal property." It has been the view of the County Assessor and myself for sometime that to view of the fact that much of the water rights In Millard County are rented that the owner of the water was escaping taxation and that the tax was being Imposed on the owner of the land. This ruling will place the tax burden where It should be that Is, on the person who owns the property. It will relieve many taxpayers who have been paying taxes on rented water and it will Impose taxes on that small group of people who have purchased large blocks of water as an Investment and who have escaped taxation on tbe same when It has been rented to tbe land owner. Yours truly Milton A. Melville County Attorney In ail such - The other communication refers to an opinion banded down by the Attorney General and which may change the policy of taxing water stock. This letter follows: Jan. 14, 1940 County Commissioners, Fillmore, Utah. Dear Sirs: In the case of HOME OWNERS' Special Notice clock. From the F. F. A. Department we learn that the young farmer group representing Millard placed third in the contests at Ogden. Ralph Mem-mowas the high point Individual In the show. In Judging Ralph made a score of 848.6 out of a possible 930 and also made a perfect score In five classes. The F. F. A. livestock Judging teams placed fifth with Just 10 points below the first Evan Memmott was placed team. third high man In tbe contest with out of a a score of 812.9 oolnl Merrill 900. Stephenson poasiblo with 803.6 points placed fifth In the contest. 325 boys attended the contest representing Utah, Idaho, and Wyoming. The only other Utah school to place above Millard was In tbe poultry judging our Juab. team placed 20th. The crops judging team made a commendable showing In plant and seed Identification but fell down In their judging of grasses. Millard placed 20th among the Evan 41 schools In this contest. showed the champion Memmott heavy weight barrow and also bad the third place pen of three fat barit rows. Tbe ag. boy are planning to have a basketball game with tbe Bcever F. F. A. boys tbe night lhe two schools have tbelr regular league game. orchestra under Mr. Johnston's direction will probably go to Delta for the music festival on January 31. A foul pitching tournament ha been oiganlzed for the various classThere es during the noon period. will he 5 boy to a team In which on makes 25 pitches which totals From 125 pitches for each team. this they can compute the percentage and proclaim the winner by classes. Two new ping pong tables have been mde and a tournament will be held for both alngle and double games. Mr. Melville Is taking a group of his students to Salt Lake City on January 19. They are going to speak over K. S. L. on the subject, "How We Can Keep Out of .War". The students selected to go are Loy Annls Robison, Alice Hatch, Reed Stott, and Ixtwell Whitaker. The school emblems were sold to last Friday. All emthe student blems were sold within an hour after being Introduced and nearly all the student are now wearing them. The four ntualc men, Mr. Johnston and Mr. Whatcott from M. H. S., Mr. Dorlua from Delta and Mr. G. M. Wright, from Hinckley, may go to Logan on January 21 for the Here reRegion 10 Music Clinic. presentatives from five states will Tbe CORPORATION vs. WIL-FORet STEVENS, al. a Sevier County case. Steven and his wife, a week had mortgaged their homes to IX) AN D Je Home Owners' Loan Corporation. Two months before the May Sale they deeded It to Joseph F. Peterson and the said Peterson bought the property In at the May Sale. After the purchase from the County of Sevier, the Home Owners' Loan Corporation filed a suit to foreclose Ra mortgage and claimed that tbe May Salu. waa void since it was held t .w4wo dsys after the first publication Instead of the twenty-eigh- t day a provided by law. Peterson contended that the May Sale waa yaltd and that publication for four Uues In a weekly paper was sufficient before the sale. The Supreme Court ruled that the May Sale was yold and permitted the Corporation to foreclose Its mortgage. The declelon la lengthy fcut that part which rules on the length of time the Msy Sale should be advertised I quoted as follows: "We construe Section in view of the context, to prescribe that notice of the May Sale shall be given by publication of such notice once A for four consecutive weeks snd that the four weeks notice -fast Is twenty eight day -- - should be given, measured from the date ot first publlcstlon. The findings In this case that the first publication of notice of the Msy Sain was made on April 30th and tha. the sale wss held on May 22nd. after four weekly publications, reveals that only twenty-two day elapsed between the date of first publlcstlon and the date of sale. Under the construction of the statute Indicated this wa Inauf-ilclenotice." The failure of the county to publish the notice of said sale as prescribed by law rendered euch sale void." This decision waa Just reudered and the advanced sheet Just came 1o my office Jan. 13, 1940, and settles the question that has confronted us In respect to the same point Involving the Trice lawls property at Delta, Utah. Yours truly, Milton A. Melville County Attorney n 81631 15, 1971 - Friday, January 19, 1940. ,1.1,1 The James A. Kelly and Son Tacking Tlant did the biggest business In its history in 1939. The gross volume In dollars and cents was over one hundred thousa. 1 dlolars, with approximately ten thousand dollars paid out locally In salaries, and the remaining ninety thousand dollars being spent for livestock, feed and other expenses of opera. ion. The plant processed 987 beef, 1,164 hog and 148 veal. The weight of the meats from these animals amounted to 464,232 pounds of beef, 187,869 pounds of pork, and 22,135 pound of veal. It processed 25,819 pounds of bacon, 15,476 pounds ot haras, 27,028 pounds ot lard, and 138,633 pounds of sausage. Mr. Kelly eaya that tbe plant has not yet reeched a business volume that enables it to show a profit commensurate with the Investment, but that he plans considerable expansion In 1940. The Kelly Packlrg Plant Is a thriving little local Industry, and a real community asset. DIES Last Friday the town entertained Tbe program started at three oclock, after which a chicken supper was served. The rest of the evening wss spent in old time dancing. A large crowd was out In spite of the snow storm and everyone expresses himself as having had a very good time. Next Friday evening Mr. sad Mrs. Samuel Bennett are giving a reception for their daughter, Mary, who was married recently to Mr. Garvin Charlesworth. Mr. md Mrs. F. M. Lyman have gone to Salt Lake City where Mr. Lyman will receive medical care. Mrs. Maud Stevena has gone to Idaho to visit her daughter. Alpha Maloy Cahoon, 42, town marshal of Delta for the past year, died at his home there Monday at 10 a. m., following a heart attack. Mr. Cahoon was born In Deseret, September 5, 1897, the son of Alpha His and Hannah Kinder Cahoon. early life was spent at Deseret, but he lived for some time in Mugna before making Ms home In Delta. He married Isma Cropper In 1918 In the Salt Lake L. D. S. Temple Surviving are his widow; two sons Leo Cahoon. a student at the B. A. C. at Cedar City, and Keith Cahoon. a student at Dixie Junior College at St. George; one daughter, Colleen Cahoon of Delta; hie father and mother, who are now In Chico, Calif., three brothers, Cecil Cahoon of Oasis, Clayson of Delta and Clinton of Chico, Calif., and two sisters, Mrs. Alta Nielson of Delta and Mrs. Hate! Clawson of Chico. Funeral services were conducted In Delta Thursday, at 1 p. m. Second Ward Mutual Notes Benjamin N. Rutherford Dies HOLDEN NEWS Bee Hive Girls Plan Silver Jubilee Tea for tbe old people. The Fillmore Second Ward M. I. presented a very splendid program to a completely filled house last Tuesday evening. Following Mutual an old time dance waa given. Tbe Beehive Girls under tbe dlrec-t'oof their teacher, Pernecy Melville, presented two one act playa, after which everyone waa given a chance to vote for Queen of the Gold ' and Green Ball. t Lots were The three girls chosen Olsen. Mary Peterson, Etbelyn Hatton. Which one will reign as Queen will be decided tbe night of the dance which le scheduled for Sat. January 27th In the Armory. Miss Maurice Carlyle la in charge ot the dance tor the Second ward. Mr. and Mrs. Butterfield for the First Ward. Both wards Joining together will make this one of the loveliest affair of the year.. Preparations are and welt under way for decoration The dance a splendid floor show. and on the budwill be get plan. A. POST OFFICE GIVEN HIGHEST RATING r, The Post Office Inspector, Mr. who spent Tuesdsy et our locel Post Office, gsve our Post Musters, Wells Starley and Newell Day, a one hundred per cent rating. He taid It waa the second time lh-- t he had ever given a rating that high since he has been Inspecting post offices. Incidentally, this news came to ua Indirectly, Mr, Starley and Mr. Day both being to modest to mention Gar-dlne- It. Play School Organized A play school has been organised as a W. P. A. project with Miss Angle BcUomfleld as teacher, .There are 29 children enrolled in both morning and afternoon ecu ions. A mother's club has been organ-liein connection with this school, Mrs. with the following officers: Dan Iverson, president; Mrs. Clyde Brunson, vice president; end Mr. Don Cummings, secretary snd treasurer. Both Mr. Iverson and Mrs. Brunson are efficient end qualified teacher and understand the needs of the children. They do ell of the supervising at well as the buying of supplies for the school. A cordial Invitation Is extended to anyone who wishes to visit this school. d Mr. Thos. Desrdon stopped In at the McBride Lumber Co. on hi way home from Ogden, where be snd hi sons bad purchased a car load of bulla, sold during the Stock Show. Mr. Alfred Robison spent a few In Los Angeles recently. day Tbe Old Mill Camp of tbe Daughmet at tbe home of Mrs. Viola Trimble Thursday afterboa. Mrs. Grace Mitchell wes the assisting hostess. ters of the Utah Pioneer carry on clinic work In band, orchestra and chorus. This Is quite e prtvtlrge for the Utah mush tans, a it la the first time such e clinic has been held In this stale. The High School music festival will be held In Fillmore this coming spring. Tbe public will be able to see many musical organisations In action from the five southern regions. Organisation plans will soon be under way and we hope and ask for the support of tbe public In this The three music debig event. partment will b very busy working on contest number from now on. Next week, January 26, Millard will play Milford at Milford. Miss Eva Barrett of Logan, who has bad several years experience in leaching English and Speech, arrived Monday to leach the classes formerShe ly taught by Miss Wilson. comes to us direct from the 13. Y. U. where she spent the autumn quarter doing graduate work in English and In working on her Master's thesis. Mis Wilson Is taking Miss Dolnsps place. All the prlnclpala of Southern Utah met at Beaver on January 17. Mr. Wright gave a speech and an explanation of our library. Dont forget oer game with Beaver and the danre tonight. Louise Whitaker Journalism Class n Wig Faculty Wins One Point Victory Over Kanosh Town DELTA TOWN MARSHAL Business The State Department of Industrial Arts and Vocational Education is sponsoring an Adult Education evening course. This course, to be conducted by Mr. Gunderson, will study such things as Improving the home grounds, cabinet work, etc Any other topic of special Interest can be arranged. The course Is to be given each Thursday night from 7 to 9 for ten consecutive weeks at the High School Shop. We hope that the adults of the community will register ofr this course. Don't forget next Thursday evening at 7 o' Jainin. IM.l.-j- , UTAH Kelly Packing Plant Has Good Year's A. Mel- I tali 1ivi'iks The Millard faculty team managed to eke out a one point victory over the ecrappy KanOBh team Wednesday night, with one minute to go, after the Kanosh team had held the lead through out the game. The box score follows: Benjamin Nelson Rutherford, 62, resident of Lynndyl, Millard county brought Into tbe league the Armory and for the past 40 years an em- will meet the new team. ploye of the Union Pacific railroad, TEAM STANDINO died Tuesday, Jan, 16, In a Salt ' Lake hospital, after a lingering ness. He was bom In Deseret, Utah, November 4, 1877. He was employed as a gardener by the railroad at Lynndyl. He la unmarried. Surviving la a slater, Mrs. Annie Wiliam Mice ot Salt Lake City. Millard Students on Honor Roll The following student from Millard County were successful In gain-lea place on the scholastic honor roll for the Fall Quarter at tbe Branch Agricultural College: Edna Aahby, Holden being one of the five making the "A" roll. The rest having , no grade lower than a "B": Evan Dobson, Donna Stephenson snd Beth Nixon, Holden; Thera Peterson ot Fillmore; Arlo Stewart and Wayne Stewart of Meadow; LaMonl Bennett of Deseret; Vprl Hilton, Ruth Robtton, Ned Walker and Lor-n- a Officials Attending County Woodbury of Hinckley; Glenn State Convention Allred, Leah Bills, Lillian Bunker, The State Convention of County Demon Christensen, Ruth officer Is being held In Salt Lake Clair Porter and Easton Sampson of this week, meetings being scheduled Delta. for all day Thursday and Friday. Commissioner Mark Johnson went Writes from Salt Lake from Holden but we do not know The editor of The Progress Is In whether or not Mr. Freer and Mr. cf a very Interesting Utter receipt are attending. Klllpark Mr. R. N. Da f. County Treasurer from Miss Genevieve Badger, forand Mr. Blanche M. Savage. County merly Clerk of the Board of EducaRecorder, are attending the meet- tion, In which she tells us that they Mrs. Dsy accompanied her enjoy reading The Progress and ings husband. give a change of address. They now reside at 1409 McClelland Si. MIsa Badger now has a position Wrestling Meet Here Saturday with the Continental National Bank. are Mias Bosh, with whom she live, Tbe Millard High Wreatler a In duel teaches at the Granite High School, Granite High entertaining the University meet on Saturday, January 20. This and Maurice attend promise to be a very good match, of Utah. as Millard won first plact and GranKANOS!! NEWS ite second place at the etat meet last year. MIsa Ethel Barney just returned Both schools have aome ot the tame wrestler they had tail year, from Salt Lake where she ha been and with Granite aching to beat visiting with her atster, Mrs. Seott Millard and MlUard aet on keeping Gardiner since the Christmas holt-dathe lead. It should b a good scrap. Mr. and Mr. Iilaln Abraham are This will be a clean fought match, of a boy born and is something that really ought the proud parent to arous the Interest of the publl: Janaary Sth. Mr. and Mr. John Roger celeThos boy are fighting for tbe honor of their school, and the public brated their Golden Wedding anniought to come out and urg them on versary Sunday Jan. 14 at the home to victory, and In the meantime en- of their ton and daughter-in-lawGuest joy themselves with a aport that I Mr. and Mr. O. J. Roger Mr. Mrs and were at dinner John fast growing popular. Rogers and Mr. and Mn. Lynn Roger from Salt Lake. Wedding Reception to Honor Fred Bird, Tad Whitaker and Newly Married Couple Lloyd Oeorg attended the Livestock Mr. and Mr. Samuel Beunett of Show In Ogden. Mr. Elmer Sbafter la visiting with Holden, Utah, are giving a wedding his parents In Bingham. their Mary for daughter reception W. C. Hatton who has been Mr. end Mr. Garvin It. Charlesworth, who were married in the Salt Lake very 111 went to California recently with her daughter Thelma, who Is Temple, Doc. 22, 1939. I a trained nurwe. Mrs. Hatton le Mr. eon of the Mr. Ch'rlosworth and Mrs. James K. Charlesworth of much Improved. Max Whitaker leaves the Mission KanoaU. The reception will he held In the Home Jsn 18, for the Texas Mission. A reception for Mr. and Mrs. GarHolden Amusement Hall, Friday, at vin Charlesworth Is being held Frieight oclock. day, Jan, 19 In the Holden Ward Mrs. Cha Hall. A daughter was born to Mr. and Amusement was formerly Miss Mary BenMrs. Clayion Beauregard, Jan. 18th. The baby la their third child but nett of Holden. the first girt In the family, so naturMr. and Mrs. Butke Mathews were ally they are very happy over her visitors here Thursday. arrival. g aeml-form- . Book Report Well Received Mrs. Golden Wright reviewed th book. "Rolling Years" by Agnes C. Turnbull, at the Fillmore Library Wednesday afternoon, before a very appreciative audience of about 50 ladles. Mrs. Wright handlod tbe story la s most Interesting fashion, so that you felt you bad missed very lltlls of the story. She gave a vivid description of the characters, snd, a clear background for the event that took place. Those present knew, from tha unhesitating manner In which Mrs. Wright reviewed the book, that she had spent much time and thought In preparation, and many of them remained after the meeting to express their appreclstlon to her for the entertaining and Instructive afternoon they bad enjoyed. Utah Oil Refining Co. Officers Meet Here meeting of all agents and opera--tor- a of the Utah Oil Refining Co. In Millard County was held at the Stevens Hotel Monday evening. H. A. Hanson, Dlst. Manager, with offices In Provo, Mr. A. O. PUfson, General Sals Manager, snd Mr. M. H. Sutton, in charge of properties, along with H. C. Johnson, Provo division manager, and principal speaker of the evening, were guest. Mr. Junius Csrllng, who was recently appointed local distributing look charge of the meeting. Mr. Johnson spoke on th development of the oil Industry, and displayed an elaborate chart ahowlng outstanding accomplishments of the Induslry. A Miss Genevieve Hatton has been transferred from Mlnneapoll. Minnesota to Hillings. Montana. Sh UN on Saturday and arrived at Billings last Sunday. Her companion la from Canada, and ha been In tbs mission field for fifteen months. Mr. and Mrs. Alonto HunUmsn spent two days In Salt Laks last wek end. While they were there, little Dickie Bunker was taken to the hospital with a ruptured appendix, and his condition was considered very serious when they Urt to come home. Kermlt Kelly's marriage license appeared In Wednesdays Tribune and The News. His bride Is Wsoda Thomas of Salt Lake City. Kermlt the eon Of Mr. Edd Kelly, and has been employed In Salt for tbe pBt two years. 1 Mrs. Minnie home Sunday Ashby Is expected front Los Angeles been for the past six where ahe ha weeks with her daughter, Mr. Kubluou and her husband. IJn-do- n |
