The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-11-07

ever, was not mad because OF inc lOuOWLuS
petition Upon which Judge Zane granted
the writ of prohibition attached, and which
was served soon after noon. November 81
is the date set when the district court will
hear the arguments:
THE PETITION.
TERRITORY OF UTAH,
County 0i Salt Lake.
Francis NJ Bishop, Rudolph ALI. Jesse f.
Millspaugh, J. b. Walden and William Nelson,
all OF lawful age and residents Of Salt Lake
city, Salt Lake county, territory OF Utah, being
FIRST duly sworn, each for himself and not for the
other, upon oath says:
That on the 9Th day of October, 1889, William
NJ. Stewart, superintendent OF district schools
OF Salt Lake county, Utah territory, filed in the
county court of said Salt axe county, u petit
ton or the reds ricting I the school districts
oI salt Lake city, auu tao uniting OF several OF
the districts into one.
That thereafter, to wit, on the 9TH day OF DC
tober aforesaid, the county court made and en-
tered upon the minutes OF said court, an order,
Setting the time and place OF hearing said petit
hon, and ordering notice to be given of such
time and place OF hearing said petition to the
trustees of all the school districts of Salt Lake
city interested in the mattor Of said petition.
That SAID petition and said order thereon are
more fully set forth by certified copy Of such pc
tltion and order attached TO this affidavit and
made part hereof, marked Exhibit "A"
That SAID county court is composed Of George
w. Bartch, probate judge, and Elias A. Smith
Richard Howe and o. p. Miller, selectmen.
That The hereinafter named trustees OF school
districts in said Salt Lake city have been, pur
suant to the order of said county court notified
OF the time and place set for hearing the peu
zion aforesaid, ana atlantis further say that said
county court is proceeding to hear and deter
mine the said petition.
That Francis M. Bishop and James Anderson
are duly Quahted trustees of the Seventh school
district in Salt Lake city, and said Bishop is
chairman OF the board of trustees OF said dis
trict; that Rudolph ALI, II: I. Duke and G. o.
Whittemore are duly qualified trustees Of the
Eighth school district OF Salt Lake city. and
said AIN is chairman of the board OF trustees Of
that district; that A. j. Pendleton is d duly
qualified trustee OF the Ninth school district in
Salt Lake city; that Jesse +. Millspaugh, Lem
nel u. Goliath and George A. Lowe are duly
qualified trustees of the Twelfth school district,
and said Millspaugh is chairman OF the board
OF trustees of that district; that L. Il. Crtchlow,
w. II. Remington and J. 3. Walden are duly
qualified trustees of the Thirteenth school dis
lrict OF said Salt Lake city, and said Critchlow
ia chairman of the board OF trustees Of said dis
tTtct; that E. R. Clute, G. S. Erb and William
Nelson are duly qualified trustees of the Four
tenth school district Of Salt Lake city, and
said Nelson is chairman of the board OF trustees
Of that district; that John 3. Wiscomb and f. a.
Harl enstein are duly qualified trustees of the
Twentieth school district of Salt Lake city
Thatif the prayer o. the aforesaid petition to the
90 nJy cOurs De granted, the northern twO-thirds
of the area now embraced in said Twelfth, Thir-
teenth and Fourteenth school districts would be
1JLaoueu anu united Win otner eAlSJlng as
city, to form new school districts, and the
southern one-thlrd of the area now embraced in
the said above named districts respectively
would be attached to or united with other exist
ing school districts in Salt Lake city lying south
Of the districts so divided.
That the other sch Dol districts herein named
would be attached to or united with other ext /
ing school districts to form new districts.
SAID atlantis say that they are advised by their
counsel and alege the fact TO be that said county
oourt has no jurisdiction whatever conferred by
lay tn or
by the petition Aforesaid or to grant the prayers
of said petition, or in any manner to divide
unite or change the school districts above
named. That each OF said districts was organ
lied more than fifteen years ago, and has ever
since been and now IS q duly organized and eX
listing school district.
That in December. 1888 in pursuance Of law
the inhabitants and taxpayers of the above
named Twelfth school district levied for school
purposes, upon the property within said district
a special tax amounting in the aggregate to
$4,000; that said tax has been collected and
$1,000 thereof has been expended in buying lot
with school building thereon, the legal title
10 which is held by the said trustees OF said
Twelfth school district, in trust for the use and
benefit Of the inhabitants and taxpayers OF said
district for school purposes; that $1,000 of the
sum 50 collected is being expended for the pur
pose of carrying on school in said district
That il the petition Of said William NJ. Stewart
be granted by said county court, the inhabitants
and taxpayers Of one-Ihird OF the area now en-
braced in said Twelfth district will be deprived
of their beneficial interest in the school build
ings and school funds to which they have SO as
aforesaid contributed by special tax. and will
be added to and united with other
school districts in which they have no such
beneficial interest and to whose school build
ings or funds they have not contributed, and
where they may again become subject and
liable to pay special school taxes for the cree
ton OF school buildings in the districts to which
they are so added. That they will also be in
juriously affected by being deprived of the right
to send their children to schools so contributed
to by them, by special tax, and will be com
PEELED to send their children TO less conveniently
situated schools
"A statement, similar in its nature is made
regarding the other districts repreSented.l
That the above named districts Of Salt Lake
City not herein mentioned as 10 be divided If
the petition aforesaid be granted, are by said
petition proposed to be united with other exist.
ing districts embracing large areas and numer-
Gus inhabitants, to form new school districts.
That sucl added inhabitants have no interest
in and are not cestuis que fTtts tin the school
buildings already erected in said districts res
pectively, or in the school funds so as aforesaid
raised by. special tax, for school purposes, in
such existing school districts.
That 10 equitable provision has been made
for school buildings in the proposed new school
districts to be organized and such division OF
some districts and uniting OF others would so
iniu-iously affect the equities Of the inhabitants
and taxpayers OF the respective districts so
divided or united as to render 1t lmpractcable
10 make a fair adjustment OF the same; and
atlantis further say that the said county court
of Salt Lake county is wholly without jurisdic'
ton TO settle or adjust the equities so affected.
Atlantis further say that the school trusted
hereinbefore named have been duly elected as
such trustees have been duly qualified and have
been and are engaged in the discharge o. the
duties imposed upon them by the law and their
office; and have been and are now executing the
aforesaid trust in behalf Of the inhabitants and
taxpayers of the respective school districts
aforesaid That if the aforesaid petition OF the
said William NJ Stewart be granted by the
county court aforesaid the dividing and uniting
of school districts, as therein proposed will
abolish the office Of such trustees and prevent
them from further executing the trust aforesaid
in behalf of the inhabitants and taxpayers OF
their respective school districts, and afhants
say that they are without any speedy or ade-
ouate remedy in the ordinary course OF law.
These atlantis make this affidavit on their own
behalf and on behalf of other trustees herein
before named ct their special instance and re
quest and also on behalf. of said above-named
school district for the purpose OF procuring
writ OF prohibition to be issued out of this court
20 said county court to prohibit and restrain
said county court, and each and every the per
sons comprising the same from further proceed
ing in the matter of said petition and from grant
ing the prayer thereof, and that upon the final
hearing said writ Of prohibition be made per-
petuaL
Wherefore 3flants pray for the Issuance OF
such writ ard for such other and further reAel
SO they may be entitled TO in the premises.
J. B. WALDEN,
RUDOLPH ALFF,
f. NJ BISHOP,
WILLIAM NELSON,
j. F. MILLSPAUGH.
Subscribed and sworn 10 by each Of the above
named persons, this 9th day of November A d.