Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-01-13
NEEDED LEGISLATION.


TIE present session Of the Ter
toIial Legislature meets none {
soon to provide legislation which
urgently needed. The Territory
- now practically without leg'slati,
J. upon a very important subject,
; which many thousands Of its inh2
itants are oflen personally and pee
;. niarily interested, viz, the disposi
Of estrly animals and the recover
Of damages done by them. The la
Is It stands authorizes the sale {
!. impounded animals after being al
;, verified, but two il not three Of Ia
district court judges have>held thi
procedure to be invalid, because it
taking private property for publ.
use without just compensation. TIL,
proceeds Of estrays sold by pound
keepers, it will be rememberel, q
30 n public school fund. The selling
Of estrays after being advertised
only is held 10 be unlawful on the
further ground that the owner OF
property is entitled s'to have his
day in court'' before his property
can be seized and sold. In other
words, under this holding, an estny
cannot lawfully be sold without due
notice to or service upon the owner
Of the animal.
This view is denied, and there are
good lawyers who hold that estrays
may be sold with no more fOrmality
than property is for taxes; but the
question has not been passed upon
by the Supreme Court Of the Terri.
tory, and until it shall be the rulings
that have been made in the district
courts viii doubtless be adhered to.
This leaves pound keepers, the
owners of estrays, and those who
have suffered damage from tres
passing animals, all in an anomal-
Gus position. Portions of the present
law are valid, but its most
important provisions are invalid,
and the situation is one that calls !
urgently for prompt and intelligent
action on the part OF tine Legislature.
in some Of the older States. e |
method of disposing OF est-ays, and
Of indemnifying sufferers therefrom,
has been perfected; and it would
SEEM reasonable Is suppose that the
laws Of some States which have
stood judicial tests might easily be
to the needs Of this Terri.
tory.
Probably there exists in Utah no
more prolific source Of quarrels
lmOng neighbors than uncertainty
lbout the title to anu the right TO
Use water for, irrigation. The
'ourts are largely without a
suide upon this subject, and are
compelled to deduce their rulings
lpon II from the rules and a~nalogies
remote-of equity and law.
Neighbors, between whom exists an
honest difference, have no means Of
definitely determining which is ,
light; and when a man acquires a ,
fater right there is nearly always I
vasueDess aud uncertainty re- |
arding its amount, extent, etc. Inli
the whole question Of water :
'ghts, OF property in water. In &
tab, is buniened with indefinite- {
ess and uncertainty. This sort OF !
roperty is rapidly becoming more T,
aluable, and the demand for some !
,gal means of fixing its quantity !
nd precise nature is becoming ex- !
urgent. :
The law provides a procedure bv i
.hieh the title to land can be def '
itely determined. Why not pro
ide = procedure by which the right ;
water could also be clearly de- /
ned, sold, transferred or assigned? c
n attempt was made some wears a
90, by the Legislature, to provided !,
leans 10y which claimants TO h
ater could have their water rights ;
sternined and recorded; but tbe
t which aimed TO accomplish this
as fatally defective in thatit vested Fl
dicial authority in water COM t.
issioneS provided for by f. con- 9,
~ to the express provisions Of y
e Poland law. 1t ought not to be o
ihcult to devise a plan, in har-
ony with the laws which limit the
Ithority Of the Legislature, to pro- :
de a procedure whereby water d
might be measured. de- D,
mined, recorded, sold, etc, and n
ch alaW would obyiate much liti- -
ton and iII-feeling. 81
There r many other subiects c.
demand the attention of oursl
'islators, but the above are among I,
E most urgent, and involve the NJ
.erests Of as many Of the people So
any that are likely to come before IN
Assembly, aside from such as ~
to the public revenue. in 10
course, allprOperty owners do
interested. dii