Show IS QUASHED f mandatory proceedings ended board of education defeated in attempt to compel collection of taxes able arguments II 11 W smith came up from salt lake this inor nin or the purpose 0 hearing proceedings proceed inKS on the writ of mandate issued on alie application of alic board of education to compel the collector of weber to collect tho school taxes the fa not in awl health having been ill tor several days but mr smith is improved in health although there was expected to iw but one case still number of attorneys asked the consideration of brief motions and consequently a num ber of short orders were made in be proceedings on alic of mandate attorneys weber ami whippie api cared for alic collector and mr allison and mr williame of williams and van colt of salt lake tor the school board mr allicon beean the argument by reading the application for alie writ of mandate and follow ed by quoting from the act of 1 providing for boardson board education and alie collections of taxes by alic city collector next lie quoted from he act of sh owin ahat in this act a very important word biad been dropped namely alio word city from before alie word collector lie thought thia was intentional so as to allow alie language to apply to alie city collector for alie year and thereafter to alie city and county collector lie called attention to hie provision making alic city treasurer collector of alie and other special taxes and argued that the intent 0 the legislature must have been to have the regular city and county ct lealor collect alie school tax or alio legislature would have made the exception in this clause the law of 1894 ho claimed cla imd had been changed in no material respect from that of 1892 the court emphasized emphasised ed that his objection was not to the collection of alie tax but to the levy of the came lie thought a dav could tie found to collect it but ho found no officer authorized to levy it mr allison of the act was obscure and alie intent clear it ft as within the power and duty of the court to words to make the language clear the title of alio act contained a clause calling it an act to provide means for alie of schools she title was a mockery if the opposing view prevail he cited a number of cases to estal liah liis lie mid the meant something and alio llio court should construe lial it war alie court they meant something but it was impossible for him to fay just what consequently in could not construe it the court held that as alie act the assessor and collector prescribing duties to alie two men winch could bo performed by but one which was equivalent to saying that neither could do it sir allibone cited numerous authorities in desense of his position ahat the court biad alie power to construe alic act aliat the object sought to 1 attained by an ac oether with attendant circumstance tenor act and lie like be considered in construing the cabe since alio court admitted being in doubt ho should adopt a construct ion would protect the interests of the taxpayers alie whole territorial public chool the very existence of the civilization of the territory he raid was at stake mut it jail ix causa the two dordu dwor and ere not left out of a U 1243 court adjourned fill 2 when mr williams continued lie itis expected that he counsel for collector will make no extended but will submit the matter at once in the afternoon mr waliam Wj liam continued hie argument laying stress upon alie fact that while tholon er to tax was a distinctively legislative power still alic detailed de of that power could bo left to trustee city councils baarda of education and alio like theeo agents could on the amount and alio method pf levy and collection of alie lax hie point wnm to show that alie legislature had the lower to dele kate cucci function and that alie only quett lon was whether or not the legia lature intended to delegato lucli power immediately after the conclusion of mr williams argument mr made a motion eliat alie writ of mandate lie quashed and the court granted the motion thie aee will li carried to alie currere cur reme a ORDERS in the u of john M carter vs nat SI et al eliat the plaintiff has failed to file cash bond within days as required it was ordered that alie action be dismissed in alie of james taylor ve daniel hamer et al it waa ordered the default of nil lie having been entered that the plaintiff alx lx granted a decree of as prayed tor in alie caso of nat M ag sohn S corlew ct al tho default of all the defendant having been entered lie plaintiff was a decree of anre prayed for in alie caw of chiae E daniels v southern pacific coin any it afa or 1 ilfred that alie tift be thirty daye from august 14 in which to prepare and farvo tat ement on appeal in the case of james A vs the pacific afta ordered alint eliat the de minted to und august esth to prepare and borve statement on motion bior a ne trial in the ve don maguiro et al the reinolt of all the having been entered it ordered that alio plaintiff be granted a decerf 0 foreclosure ae prayed for |