Show Summit County Wins Suit Because It Is in the Right d Taxation returns from approximately approximately approximately five miles of the Union Pacific Pact Paci fie fic railroad near tJ the tiie Wyoming Utah line Une will go to Summit county under undera a de decision given last Friday afternoon afternoon after atter- noon by Judge W W. F. F Knox of the tho thoI I Fifth judicial district sitting flitting In the case caso Involving the Summit county- county Rich county boundary line says Saturdays Saturday's Saturdays Saturday's Sat Sat- Tribune Judge Knox held that the act of or orthe the 1917 legislature which Included the tho road within Rich county was un unconstitutional constitutional onal because the change was waa not submitted to a a vote of the citizens In the affected county and fixed the boundary line on the north northside northside northside side of the railroad Rich county will appeal the the decision according to counsel The decision relates to the boundary boundary bound bound- lIr ary ary from Wasatch northeast to the state line The question has been In litigation since 1914 It Is estimated the assessed valuation of Summit county will be Increased by the roads road's boIng being being be bo- ing assessed In fn that county for Rich county contented content content- ed that the Rich county boundary line extended from Wasatch east to the tho Wyoming line embracing the I triangle formed by the railroad on the north tho the southern boundary of the county on the tho south and the the state line G c u the west Tho The territory hi question was assessed assessed assessed as as- In Summit county from 1866 when Rich Morgan and Summit counties were organized until 1917 when jurisdiction Jurl passed to Rich county by the act of the legislature according to the contention of attorneys at at representing Summit county After a a meeting with Rich county the state board of equalization I decided in 1914 that the r railroad railroad rail rail- ll road should rightfully be taxed In Rl Rich h county cd The decision was wall rescinded rescinded re re- a short time afterward RiCh nich county then appealed I to the state supreme court which held with the equalization board In 1916 the Union Parlor Pacific filed flied an interpleader In the state supreme court stating that it was uncertain whether Us its line should be taxed in Rich pr Summit counties and asking tor 1 form a decision on the question The court held that jurisdiction rested solely with the board of equalization A year yeat later the tho special act net of the legislature was passed by which the tho road was declared to be In Rich county The suit decided by Judge Knox Friday Is the outcome of a decision by the supreme court a a year ago that Summit county had the right to attack the of qt the act of 1917 Judge Knox nox was asked to hear the case caso instead of a Judge of the Third distrct court because the tho Third dis district embraces Summit county Court was wag held in Salt Lake City Summit county was represented by Rey Mayo by J. J E E. Johnson pf of Summit county The firm of Marshall McMillan McMillian Crow represented represented seated Rich county |