Show school tax case Is dismissed the case of john barton payne director general of railroads on behalf of the los angeles and salt lake railroad against the board of education of tintic gintic school district was brought up at nephi on mon day on the defendant defendants a demurrer to the amended complaint and the corn com plaint was dismissed finally despos ing of the case the suit was brought to recover taxes paid by the railroad company in 1919 alleged to have been levied and assessed by the board of education without authority of law tor for the support and maintenance of schools the complaint alleging that the board exceeded its lawful taxing power in the amount of 2 3 2 mills on the dollar the company paid its taxes under protest and sued to recover the amount paid over what it alleged to be the lawful limit of taxation for the support and main cenance of schools of the district which was claimed to be the sum of 5 6 5 mills on the dollar the answer or demurrer of the defendant con tended that the lawful limit of taxation had not been exceeded by the school board in levying a ax of 7 7 mills for the support and main cenance of the schools of the dis brict and this position and con st ruction of the law having been sustained by a decision of the supreme court in november last in a case brought up from carbon county in which the court concludes its opinion by saying that in case of ambiguity or doubt it Is the duty of the court to construe and apply the law so as to make it fulfil its purpose and intent and that the fixed policy of the people of this state is to afford the best public education possible regardless of cost the case was dismissed smith loofborough Loot Loof brough and durton burton were plaintiff plaintiffs s attorneys and the defendant defendants s interests were represent ed by edward pike |