Show SALT LAKE NEWS COURT DECISION overruling the decision in the case of hamer vs weber county an opinion 0 the state supreme court banded 1 today seta aalde the judgment of the lower court and die misses the complaint of an action in ejectment brought bv may kastman against A R burr 1 opinion goes still furtner by he territorial supreme cour deceron dec eion in tho case of daniel eber county 1 and also the case oj city vs hamer in 8 conflicts with decision Thel court also holds that the law as stater in the two latter cases was not correct and that that the dissenting opinion filed at abe time by ju tico bartch in the case of iiames vs weber county correctly stated the rule which should govern the case plaintiff in the case decided today alleged in hr complaint hat she wag abe owner ot certain land situated in abe city and county of salt lake in the year 1892 and that the dee nant ejected her ti her damage in the of 25 plaintiff prayed for judgment and the recovery of the property defendant in his answer alleged that be was owner of the disputed property by reason of a m he held given by john W irons and his wife to W 0 a trustee to lacure abe payment ot a 2000 note judge cherry before whom the case waa tried found for the plaintiff in the sum of as the rents and profits thereof accrued to date february 7 1897 and 10 per month for the con linued holding and costs A motion for a new trial was overruled when defendant took an appeal the plaintiff based her rights and title to the lani upon a tax deed executed by the recorder of salt like city to olevia Wid deborg august tha tax which was a special assessment on water mains for 1889 am on led to 49 and wag sold to olevia Wid deborg for on the oth of october 1890 who after obtaining a deed conveyed the property to plaintiff the property was valued at there appears tu have been a discrepancy in the description ioa 0 the property as described in the assessment notice and the tax deed whilo abe notice sale gave still another kind of that these were material defects attention ii called to that the property was sold for 1020 more than abe amount of abe tax p though the court says it nowhere ap for oia ahat became of it the court further finds that the findings and judgment were not supported by the undisputed testimony in the case anut nat the court beloat derrod in sta fin ana judgment 1 the opinion is delivered justice miner and concurred in by chief justice zane and Justice bartib suit against salt lake judge cherry is hearing arguments in the case of horace A heath against salt lake city bith sides have agreed to submit a statement of facts heath sues to recover 57 as salaries alleged to be due himself and a half dozen other former policemen who it is alleged were bonded by chief pratt on the last of september 1894 city attorney and assistant city attorney hem istead appeared for the city and attorneys zane and jaurd represent the plaintiff court notes judge norrell gave judgment for abe plaintiff yesterday morning in the case of lucinda A lebcher vs john beck dark eldradge co is suing emil hartviksen to recover on a ain promissory note the jury in the case of M H baarde ey vs S W SI orrison brought in a sealed verdict yesterday finding for the plaintiff as against morrison in the sum of A stay of thirty dayn was glanced to prepare and serve sat ement on motion for a new trial another case in which the same parties are interested was partially beard by judge cherry today and continued indefinitely the case of P A sorensen So reneen vs R G was dismissed by judge cherry today on motion of attorney for plaintiff f j i car lea xester ack on abe yesterday cau baj old folks letl the occupants were up ona old lady provo was injured thought i not to any serious extent was caged on to treat the patie ot notes the formerly invincible jubilee nine team met defeat monday afternoon at abe hands ol 01 the athletic miners of park city by abe score of 20 to 13 george seymour convicted on ano anat of burglarizing the tal lorine establishment of cikuth co in this city on the desht of april and retting away with valued at ibe judge norrell today t two yeara in the state prison the defendant waa asked if be bad anything to eay before sentence was pronounced and the reply waa 1 I can only eay this your bonor that I 1 am aa iR as thu man who arrested me and inu ocen aa yourself yourE elf starving to death dr keen of fillmore who was in the city yesterday wag up looking into the now quartered ered at the hospital it ia old pearl shaw ot meadow millaid county aeo 78 slowly but surely BUC stricture ture of the oesophagus caused allowing a dose of concentrated lye about awo years ago little pearla condition is 1 pitiful the child is gradually st arvine to death and all that surgical faill can do will not prevent it when lie sees food or water its eyes bulae from their sockets GO eager ia the little one to quench ita hunger and thirst the doctors eay it is only a matter of time until little pearl closes her eyes in death her case being a hopeless one fredericks after where is john fredericks was the question aked by dr E II 11 keen of fillmore at the police elation yesterday morning diedericks Fie dericks is the antelope springs rancher who three weeke ago was in the police court lor drunkenness drunken nees he having fallen froia hi wagon while in a maudlin elate he biad a suspended at the time and left for home but it appears has not yet arrived there dr keen is in charge of a rand leased by fredericks and baa been anxiously awaiting his return in order that the property might be taken off his hands fredericks left antelope springs about six weeks ago borrowing bor rowine a neighbors buggy in which to make the trip but when arrested in this city lie had a farm wagon which d ly be had exchanged for vehicle taken home for burial the remains of lyman bates the 1 ar S oreon P bates of erd thoele county were forwarded yesterday morning to thoele tor burial des ali was sudden and unexpected and cambas tho result of an attack of typhoid fever of just ten days duration the press club of salt lake and a few friends from the utah press association will meet the in tomorrow and conduct them to this dr W hosford of manti id in the city the bankers of the city are practicing base ball and will aana ready to meet all comers there is soai e talk of organizing a ladys base ball club among the ladies over at the city and county building james was a notary public yesterday A NEW DEPARTURE the first lady deputy ever appointed in utah yesterday sheriff lewis made a new departure and appointed miss clairo H ferguson a deputy atre appointment reads as follows state of utah salt lake county know all men by these presents I 1 T P lewie sheriff of salt lake county state of utah reposing special confidence in the ability aad integrity of miss claire H fergnson of salt lake city of the county and state aforesaid afore eaid do hereby her deputy sheriff to do and for and in my stead doling my absence in all things which I 1 might legally do myself as such sheriff given under my hand thie day of June 1897 T P LEWIS sheriff of salt like county incorporated incorporation papers were filed with the county clerk for the treasure hill mining company the incorporators are sharp walker F B cook H dodge nat ward fitzgerald 0 F ercanbrack 0 F edier wro salt lake city and V T erchnbrack of goshen the principal place of business ie salt lake city the the company is a general mining one the capitalization of the company is into shares of the per share tife amp ol 01 the capital stock is u JB 1 ir 1 and bonds on Ay 1011 add cornucopia lode log cintio mining dietrict OPINION license to be collected on roaming bands of some time laet winter senator I 1 acquilla unearthed a law bearing on the sheep question in various counties of the late he laid this matter before the county 0 rich county where he resides and a tax was placed upon all herds not resident within the borders of the county the attorney beneral was asked for hie opinion PS to the legality of the license tax below is the answer in full OFFICE OF GENERAL 11 lake city utah june 1897 E LEK county attorney woodruff rich county utah dear sir 1 lave your favor of june 1897 anding whether the following amendment to the rich county sheep ordinance providing a license on sheep comes within the meaning of sec 21 of sab division 23 of the county government bill that in all cases provided for in this ordinance for taking out a if the owners or parties lu chaffe of all herds of sheep subject to the license herein provided for shall fail refuse tp take out such license it shall bo the duty af the proper officer to levy upon a sufficient number of eaid sheep to pay such license and all bosis connected therewith and sell the ae in the case of pet zonal property mcder execution and also whether thie amendment will take effect at once or within fifteen days after passage as provided in 22 of the same act the legislature in accordance with the authority in it vested conferred upon the board of county certain authority and in sab division 26 of 21 of the county government bill of the law of 1896 page it boards of county to license for the purpose of regulation and revenue all and every kind of business not prohibited by law and and carried on within th respective counties and the limits of incorporated corp orated ci they were urther authorized to tx toe rate of license tax upon such business and to provide for he collection thereof by suit or other v iee I 1 assume that the ordinance to which ahn above ie an amendment was in all respects greenlar and contained such provisions provi ions as would authorize the enforcement of the license tax fee the ordinance I 1 have not before me if such is the cabe it is my iori that the enactment ot toe above amendment is within the power of the board of county commissioners delegated to them by 21 subdivision 26 of the county government bill of the laws of As to question find that section 22 of the damn act hiie pi ie and 31 of the clinty anent jil provides ct alain forina lillea to be observed by the board of county commissioners alter the of an ordinance the record of the same and their publication and the further provision that no ordinance by the board shall take effect within less than fifteen days atle its u and befaro the expiration of ahe fifteen days elih same must be pub in the manner provided in said section 12 it is my opinion that the on ol 01 time applies to amendments equally with the original ordinance the amendment being an addition to or change ol 01 the existing ordinance it ie proper that the a notice by publication should be biven each amendments as must be given i be enactment 0 the orbein E the object and intent 0 theli and of days after which it should tale effects wae for the purpose of giving notice oil such new ordinance and regulation as affect the actions and conduct afi the people the reason for the tion and limitation of alie taking of the original ordinance is equally u to the amendment in question H I 1 have the honor 0 o be very respectfully youre bishop attorney general by benned X smith deputy attorney general |