| Show TION f HELD r 1 TO TUBE Bt VAliD If 4 Supreme Court Hands Down Sweeping ping Opinion Which Af Af- Af j the Reclamation Dis Dis- All Over the State OPENS WAY FOR LOANS t ON MANY PROJECTS PROJECTS' Statute Does Not Deprive Resident Res- Res ident of His Rights in Case Property Is Seized for NonPayment NonPayment Non- Non Payment of I His Taxes MONEY IS TO BE HELD UP J j 1 IRRIGATION and reclamation ini- ini in ill Utah involving millions of dollars are assured as the result Sult of ur uran an opinion handed down h by Ehe he be Supreme court of Utah yesterday holding the irrigation irrig dis- dis jets i-jets law to be constitutional This important opinion which di- di affects liTigation irrigation schemes throughout the lie tate state of Utah and Heaves eaves cs the way clear for the thc state to extend financial ai aid a to reclamation projects by making loans of ot state tc funds fuu s was handed down own in iu the case of f John Jobu Lundberg Lundberg- against the Green and it its Eiver Irrigation company board boar of directors suit was brou brought ht for 01 or the tc purpose pur pur- pose v se of ot testing the validity of oC the ir- ir district act cl und to secure a a. Ju peremptory writ Wilt oC Of prohibition tion pre pre- yc o directors I of or the company from tiling the bon bonds s of oC the thc district on Lundberg as as' as asan an owner of oC prop- prop rt ty would have ha to pa pay interest and in the he form COlm of oC a tax tac against ht h property rl c case cac was as argued nr before the thc court only a i few fc days darG a ago o on four tour rounds grounds pOD It was contended by pain Ift the law was unconstitutional cM eon contention ten being that tha t it pro pro- d tor the Ic of oC property with with- lul l due process of or law the same samo I pint upon which the drainage c districts iw tw w was vas held unconstitutional h by the thc court previously Xu o La Ln Here u court in an opinion wr written ten b by ustice J J. J J l. l Frick and concurred in iny I iy y j. j all aU members ot of the thc bench holds hat thi defect In the drainage ge dis- dis nets law Is 18 not nol found in the irrigation law and U the e other othe technical points ponts upon which the law Jaw is questioned ques are arc not well taken hence It declares the law valid and refuses to grant the tile writ wit of f prohibition prayed tor or oI ordering the thc application dismissed SL i Tl The o effect of oC the decision is II to place the thc stamp of or validity not only upon the tho law haw Itself but upon the bonds Issued Is Is- cued sued b by an organized Irrigation district dis- dis strIct h hence nce opening the way vay for tor the t 1 BAle de I of these bonds and th the financing o. o ot proposed t Improvements that will will r thousands ands of oC acres of or semi semi- rid lands land and convert crt them into rich nd d' d productive farms At the present time there are app ap- ap p Continued on Oil Paie I Tv O IRRIGATION lAW DECLARED VALID Supreme Court Hands Down Sweeping Decision Affecting Affecting Affecting Affect Affect- ing Reclamation Districts Continued From rom On One I before th estate board of at land commissioners for lOI nearly 1000 In loans of ot state tun funds s upon tho the bonds and securities of the irrigation districts of at the state to enable the districts to carry carryon on their Improve Improve- ment men t work worl These applications most of them considered considered considered con con- worth worthy ones have all nil been held up b by the tho board hoard upon advice of ot the attorney general since the tho Supreme court handed down Its opinion In tho the ease case of against Johnson holdIng holding holding hold hold- ing Ing- tho the drainage districts law to be un un- constitutional Tho attorney held that In the tho concurring opinion of or Justice D D. D N N. N written In tho the drainage c ccase case there thore was a a. point which he beHoved believed believed be- be applied to tho the Irrigation district district district dis dis- law also and ho would not advise the state stale to take any ally risk with state funds b by investing In securities of ot irrigation districts until the tho law under which these districts are oro created was tried out before the Supreme court and settled Immediately after these loans were held up tho the test suit was wag brought ht in inthe inthe the tho Supreme court cOlin direct through h agreement nt between tho Green River company and Lundberg Lundberg- The main attack upon the law made mallo h by Lundberg was that tho the powers conferred conferred con- con upon the Incorporators of oC a district district dis- dis to le levy a tax lax upon property In that hat district and seize selzo property for delinquent delinquent delinquent de de- taxes so 80 levied constituted the tho ho investment hn of the district with power to deprive a person of at his Ma property prop proP- crt erty without due duo process of oC law to o private property without just compensation that It permitted unequal taxation of at property and infringed upon private rights Justice D. D N N. writes a brief concurring opinion in which he says Rays he ic agrees with the other two Judges judg-es that hat tho the law is not unconstitutional on an any of or the gr rounds grounds urged In the suit involving tho the law and he believes judgment or on the law should be based Ien en entirely On tho the issues of ot the case at nt bar ar But he Intimates Intimate'S that to his mind there here ma may b be some other points or questions that might be raised against as the he law lacy which are more serious than those hose pleaded In tho the case before the court What action tho the board of land commissioners commissioners com- com missioners will take tako on the tho applications applications lons for lor loans will be determined when the he attorney general has had an opportunity op op- op to stud study the decision and give the board an opinion as to the proper method of or procedure |
