The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-04-19
TEE TAXPAYERS WIN
Decision i'm the Case of
Lowe VS.. Hardy.
AN UNJUST AND EXCESSIVE LEVY,
Some Important hallway Cases Decided-The
Council Case-The Charges Against Lo-
max-Adjourned for the Term.

max-Adjourned for the Term.
The Territorial Supreme count met at II
o'clock yesterday morning, ali the judges
being present.
In the case of Eliza Cook vs. the Oregon
/ Short Line & Utah Northerns railway
company, on appeal from the Third dis
] trict, Judge Blackburn delivered the
opinion, which was very brief. In the
court below, the plaintiff recovered dam
ages for injuries sustained by her through
falling over defendants track on Third
West street in this city. The motion to
dismiss the appeal from this Judgment was
denied, and the motion to dismiss the ap-
peal from the order overruling the motion
for a new triam was sustained because no
sufficient undertaking had been filed, but
time was give to file the same.
In the case of Malola Pool, administra-
trix of the estate of Joseph S. Pool, de-
cesed, VS.. the Southern Pacific company,
Judge Miner delivered the opinion of the
court The deceased was killed while re-
pairing q car in the defendants yard at
Ogden, on September L. 1883, and his widow
obtained verdict of $4,000 damages in
the First district court at Ogden in April,
1890. The defendant, in appealing, assigned
as error contributory negligence on the
part of Pool; contributory negligence on
the part OF fellow servant Of the de-
ceased; excessive damages; errors in the
instructions Of the court. The judgment
of the court below was affirmed, Zane and
Anderson concurring. Judge Blackburn
0issented and filed separate opinion.
In the case of Albert Brown vs. The
Southern Pacific company, Judge Ander-
son delivered the opinion OF the court.
Some time ago the plaintiff, while in the
employ Of the defendant as brakeman, was
injured at Blue Creek station while at
tempting TO make coupling. and the in
1uries resulted in the loss Of one of his
hands. The case was tried in the district
court at Ogden, and the plaintiff OBJ
tanned a verdict for $4,000 dam
ages. This Judgment was afterwards
reduced by Judge Henderson to $40, 900, and
he overruled q motion for a new trial The
Judgment of the court below was reversed
and new trial awarded, but the plaintiff
offered to remit all of the Judgment in ex-
cess of 1000, and it was allowed to stand.
In the, matter of the ESTATE OF Orson
Pratt, involving the question as to the
right of polygamous children to inherit, the
Judgment of the Third district court was
reversed, in accordance with the decision
of the supreme court of the United States
in the Cope case, in which the same ques-
ton was involved.
In the case of H. e, Drummond VS.. the
Southern Pacific petition for arehearing
was denied.
In the case of Sarah J. Weaver VS.. W. L.
Pickard, involving some $500, the judgment
of the court below in favor of the plaintiff
was reversed.
H. R. Franklin, Valentine Gideon, T. D.
johnson, Noble Warren and M. A. Breeder
were admitted to practice.
j. L. Schaffer, of Brigham City, was ap-
pointed United States commissioner.
In the case of the charges made against
J. d. Lomax, of Logan, NJ. A. E3reeden
asked that the charges be made more def
mite. The request was allowed and the
court appointed David Evans to prepare
and file the charges within twenty days,
and allowed MIR. Lomax twenty days from
the time ofsfiling in which to answer.
In the afternoon in the case of the People
ex rel VS.. Louis Cohn ct al, known as the
council cases, LIE Grande Young moved
that the appeal be dismissed, because the
rule requiring the fling of an abstract ha6
not been complied with. The court al
lowed ten days for the filing of the alb
stract, and the case welt ovsr until the
June term.
in the case of James Lowe ct 81. VS.. L
@. Hardy ct al Judge Blackburn delivered
the opinion. The plaintiffs in this case are
taxpayers OF the old Eleventh school dis
trict of this city, and in December, 1889
they held meeting and decided to raise
the sum of $500, which would be RAISED
by tax of l per cent. upon the assessed
value of the property in 1889, and such
tax was levied, The assessor and collector
extended the tax upon the assessment rol
of 1890, instead of upon that of 1889, ant
upon that roll the tax voted would amour
10 over $4,000, which, of course would b
vastly in excess of the amount intended Il
be raised and Of the needs of the district
The legislature, at its session in 1890
49, a \ % A.
and consolidated them all into one, and pro
Vided that the property of the several dis
tricts should belong to the con
solidated district. The assessment
levied by some Of the old district
were greatly under the amount whicl
would have been raised on the assessment
in the Eleventh district. Yet, under tn
school law, the money would all go into
general fund and this district would no
derive any special benefit therefrom i
proportion to the amount paid by it. TIL
plaintiffs asked that the collection of tn
tax be enjoined because it operates IN
equally In different parts Of the city; tina
the tax was not fully levied before it wa
abolished: that the tax was voted upon tn
assessment roll of 1889 and not upon that o
1890.
In concluding his opinion, Judge Black
burn says: "Courts, unless compelled b.
the express wording of statutes, should in
terpret them so as to do good and not evil
SO as to work out equity of justice, and nc
wrong and oppression. We conclude there
from that 1t is the duty OF the collector i
collecting this tax TO compute the amour
to be collected upon the assessment roll Q
1889. This cause is reversed an
remanded for further proceeding. Tb
same question is involved in the case c
Edward Ashton ct al. vs. L. G. Hardy ct a
1t is therefore reversed and remandel
The same principles were also In questio
in the case of B. G. Raybould ct al VS..
G. Hardy ct al, but the complaint doe
not raise the particular question upo
which the foregoing decision turns. 1t
therefore reversed and remanded wit
leave to the plaintiffs to amend their CON
plant.
Judge Miner concurred in the result an
Judge Zane disssnted.
Adjourned for the term.
In the Probate Court.
In the estate of Lars M. Johnson, Il
claim of VIM. Sleeves & Son was a,