Show TWO OPINIONS DY BY II SUPREME GOURT COURI Findings of Lower Tribunals Reversed by Rulings of Justice Frick NARROWING TOWN LIMITS Petitions to Restrict Mapleton and Manti Must Be Heard by Commissioners Commission rs I Two supreme court opinions bearing upon practically the same subject were down yesterday afternoon The Tho opinions were written by b Justice J. J E. E Friek Friel with Chief Chic Justice McCarty an and Justice concurring The Tho opinions opinion bear on the restriction of the corpor corporate to limits of the thc town of ot Mapleton l Utah coant county and of oC the town of oC Manti anU Sanpete San San- r pete county Don C. C FuJI Fullmer mer and others had bad Peti- Peti Uon d to sever certain property from Crom th the corporate limits of or Mapleton Marleton and a 1 ma ma- lorRy r of ot tho the property owners affected had signed the petition Tho The case finally went to the district court and the court cour ruled that there was no n necessity fo for Cor commissioners to be appointed to take tak evidence in tho the case and to ascertain I It if there were an any equities in favor or of ot th the thc town Tho The town had ar argued that it was wa the tho province of a legislative body am amnot and not ot of or the courts to sever se a portion of oC oft o oCa rt t town from flom its corporate limits The town of Mapleton lost its case caso in inho tho ho lower court and appealed The appellant appellant ap ap- ap- ap attacked the statute covering co the thease case ase tise as unconstitutional and assignee assigned several se errors errS upon which the tho lower lowe court ourt it was Voas said based its findings Not nt In tho the opinion han handed ed down yesterday he thc supreme court holds hold that the law lav Sec c. c 28 Revised lle Statutes of oC Is no not unconstitutional and that thai the tho question of was definitely settled In Inthe inho the he case of Young Youns against Suit Stilt I- I Luke Lake City when then the determination reached was con- con to the contention of the tho appellants The court held that It would be Eve Ive of or more moo harm than good to reverse rc the lie decision in that case While upholding the constitutionality of he the law the supreme court holds that tin lower ower court erred In his finding that then thelt were ere no equities to adjust between th th- town own of oC Mapleton and the detached terri tern toO Dry The opinion holds that a a. court cannot canot can- can tot not make such sueh a n. finding and sends the thc thease use ase back to tho the lower court whore tho the thol l eUlIon will have to be submitted to commissioners com com- missioners for the tho adjustment of or the The Tho other case coso involves tho town of ot lanti Alex Barton and oth others s were the thc to have a certain strip of oC land detached from the tho corporate limits of the he e town In this this' case the commission commission- ers rs ra were not appointed and that case too oo 10 is sent sont bark bar to tho the lower lov court |