The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-08-21
The CHURCH SHEEP.
The Supreme Court to Consider
Their Disposition To-day.
DYER WANTS LIGHT.
The Defendants in the Church Suits Said to
Object to the Leasing of the Nut
tons-0ther Business.
RECEIVER DYER WANTS LIGHT.

Judge Zane read the one in the case of
the People VS.. William Daniels, of Moroni,
Sanpete county. The defendant had been
assessed for city taxes which he refused to
pay, for the reason that he resided two and
a half miles from the town as indicated by
the streets and public improvements, and
that to require him to pay municipal taxes
would be to take his property without pro-
per compensation. The case went against
him in the district court, and he appealed
The supreme court reversed the decision of
of the court below, holding that the part of
the law which made MIR. Daniels liable to
city taxes was invalid, and making the fol-
! lowing declaration:
''Inasmuch as it appears from the record
in this case that the defendant resides and
that his lands are situated outside of
Moroni city as indicated by public or pri-
vate improvements, and beyond such con-
tiguous or adjacent district as will be bene-
flied by its municipal expenditure, the
court holds tina the Territorial legislature
had no power to subject his property to
the burden of taxation for the corporate
purpose of the city,
The opinion of the court in the case of
NJ b. Bufcrd ct al. VS.. S. j. Lonergan ct
al. was given by Judge Anderson. 1t
affirmed the decision of the court below.
In the cases of Vim. H. King VS.. the
Utah Central railway, and VIM. p. Ben
nett etal vs. Mr.. Shaughnessy ct al. the
decisions of the lower courts were affirmed.
People VS.. Lorenzo Olsen; unlawfully
killing pig, the decision of the court
below was affirmed.
THE RECEIVER WANTS ADVICE.
Receiver Dyer has received the following
communication from the superintendent of
the gas company, which he has submitted
! to the supreme court for advice as to what
course he shall pursue:
Enclosed please find copy of notice call
| ing meeting of stockholders for the pur
pose therein specified. 1t has been neces-
sary to enlarge the gasworks to meet the
growing demand for gas. To do this it will
doubtless be necessary to obtain the money
required by the sale of an issue of first
mortgage bonds, to run not less than ten
years, and it may be advantageous to make
them run twenty years. Unless our cor
porate existence is extended beyond its
present termination MAY %, 1890, being
less than eight years from the present time,
such bonds could not be honestly placed.
AS it has always been exceedingly difficult
to get the stockholders to meet, except
some four or tve, it may be highly neces-
sary to have the vote of the shares you
uOlu dS TCC0lNcI, anu UIuSb you WILL Dt
duly authorized to vote said stock at the
meeting aforesaid, and be present accord
ingly at the time stated, if possible"
ANENT THOSE MUTTONs.
The undersigned receiver reports and
represents to the court that he has received
notices of the assessments of the sheep
now in the hands of lessees from him, and
demand made upon him for the payment of
the taxes, and it is probable that other de-
mandS of a like nature will be made. In
view of such assessments and demands for
taxes, and the probability of others being
made, the receiver respectfully asks that
the court direct him as to what action shall
be taken in reference thereto, upon the
whole or any portion of the said sheep, and
upon any and all other property now in
his hands as receiver.
Claims, however, have been made for
taxes upon sheep, both in this territory and
in the territory of Wyoming; and looking
to this end, he had at the time of making
the leases last fall the following clause
inserted:
The said sheep shall be herded and kept by
said party of the second part in the said terri
tory. and not be moved therefrom without the
written consent of the said party OF the first part
And according to the terms of the lease
made with these parties. there was restric-
ton on the right to remove them from the
territory of Utah, and that in view of the
precautions then taken by your receiver, l
respectfully submit to the court whether
by the terms of the said lease the said
parties ought to be reimbursed out of the
funds in the hands of the receiver for any
taxes that may have been assessed upon
the said sheep in consequence of their re-
moval from the said territory and in viola
ton of the restriction in the lease
FRANK H. DYER, Receiver.
The following bills for advertising the
sheep for lease have also been presented,
and he asks that they be allowed: