The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-04-19
TWO VICTORIES.

wv very important opinions were rea,
Ia the supreme court yesterday. One wa
1nat involving the validity of the recen
electlon on the proposition of the schoo
BOARD to issue bonds to the amount O.
SooU,oOO Tor the purchase of sites and tn,
erection of school houses in this civ. Tn.
electlon was authorized by the last legisla
lure, and the act provided that the voting
should be conducted under the direction OF
uhe board OF education, which was author
lzeo TO appoint judges, etc. In no sense
could the election be made of a politica,
character, nor was it such an election as
tne congressional law contemplated should
De managed by the Utah commission
Nevertheless the commission stepned in
ana assumed control, appointing the Judges
ana requiring that the returns be made to
IL Tor the canvass and declaration of the re-
suits 1t was plain enough. as a lepa,
proposition, that if the election were
conducted by the commission then the
statute itself was void, and there could be
no lawful voting Of bonds. Proceedings
We're instituted to restrain the commission
ana nave the election proceed under the
direction of the board of education, as the
law requires. Unfortunately the case
went before the judge who is coming to be
known in court circles as Old Necessity
and as might have been expected he de.
clded IN favor of the commission. the re
suit being void election. An appeal was
taken and the supreme court has mani
mously decided that the statute must h
nothlng whatever to do with elections of
this character. Therefore the action taken
last month amounts to nothing The work
must all be done over again. a new election
called, the bonding proposition submitted
anew, and the people be given an
opportunity to pass upon if
VI course the bonds will he
voted, as they were attempted to be voted
before. The schoolhouses are reouired
ana realizing that they are needed the peo.
pie Will cheerfully vote the necessary
money. As some Of these houses at least
should be erected and finished before win
ter the school board should at once take the
necessary steps for holding the election
Inc bonds being legal there should be M
IN disposing Of them promptly.
1t happens that in the other imnort.n+
case decided yesterday, Judge ANDERSON
was again turned down by the supreme
court. The action was the one INVOLVING
the right to collect the specialIschool taxes
levied in the old districts previous n the
consolidation of all the districts into ono
The proposition was an outrageous one |
Inc taxes had been levied under the old |
aw by the respective districts for the pse |
and benefit of those districts, and had been |
IN the valuation of the property in 1889.
Inc rate varied from few mills to 9 OR 2
Der cent, according to the necessities of |
he district. The following year, under
ne Doom assessment, the valuation of
property was trebled or quadrupled, and as
ne assessment rate could not be chanred
he special tax, in some cases, amounted to
! heavy burden, and would have produced
hree or four times the money reouired NV
ne district. Meantime, the old districts
lad been abolished and the entire CITY made
nto one, so that in the event of the special
ak being legal, the district paying it would
et no more than its proportionate share nc
Il the money would have gone into the gem
raj fund for expenditure throughout the
lty. Some OF the taxpayers Joined in nro-
eeding to prevent the collection of the
axes and the case going before
he naturally and necss-
arily, in view of the fact that
mere were wrong and right side to the
uestlon involved, went wrong aud held
nat the people must pay the unjust and
reputable taxes. The supreme court has
ow reversed the lower tribunal and the
ollector will be restrained from COLLECTING
he tax from all..those who Joined in the suit
is understood that the amount involved
between sSo,0O0 and SAC, 900, which will be
lved to the property owners who had the
'urage to make fight against a manifest
Justice A good many paid the special
x, fearing that the suit would involve
lem ID further costs. 1t is doubtful if
lese viii be able to recover: