The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-07-07
THE BUFORD CASE
The Supreme Court Affirms the
Former Judgment.
Anderson Wins His Shit Against the Ogden
Union Railway and Depot Com
pany-0ther Decisions.

The supreme court met yesterday. Chief
Justice Lane and Associate Justices An
derson and Blackburn were present.
Oscar Wood Of Michigan was admitted to
practice.
Tom Ferguson of Marysvale was ap-
pointed United States commissioner.
The case Of the People vs.. Rogers was
affirmed by consent
A motion to dismiss the case of Warner
IS. Barry was submitted.
The case Of the People vs.. Albert Kern
was argued.
An order confirming the sale of 500 shares
of gas stock at 1925 per share was made in
the Church case
THE BuFoRD CASE.
Three decisions were handed down. In
the case of the United States We. M. B.
Buford ct al, the Judgment of the lower
court was affirmed, with costs.
The appellants were convicted Of fenc-
ing in public lands contrary to the statutes
of the United States. The land fenced in
was alternate sections granted to the Cen
trail Pacfic Railroad company. IF the
contention of appellant be maintained, +"
the court says, '1t results that the railroad
company and It's grantees may enclose
large bodies Of the public lands and prevent
their use by the public and entirely prevent
their settlement. 1t cannot be supposed
that Congress in granting alternate sec
tons of land to the railroad company in
clnded, by implication, grant to it to en-
close and prevent the settlement of all the
alternate reserved sections
On writ of error the case will be taken
to the United States Supreme court and
the bond was fixed ut 5000
Judge Blackburn delivered the opinion,
Judges Zane and Anderson concurring.
THE DEFENDANT MUST PAY.
Hans Anderson sued the Ogden Union
Railway and Depot company for 500 600
damages on account of being injured while
in the employ Of the company by the negIi-
gence of defendant He was awarded
Judgment by the court for s., 600. A new
trial was ordered unless 81, 500 was remit
ted, and this was done and judgment en-
tered for a, 500. An appeal was taken and
the lower court sustained. Judge Andsr-
son delivered the opinion, which was con-
CURED in by Judges Zane and Blackbu
I'VE think there was no error" the
opinion closes, sin the part OF the instruc-
tions excepted to, and that the jury was
properly instructed as to the manner of
determining the amount Of plaintiffs dam
age"
THAT WATER CASE.
Moroni Skeen Vs. Joseph Mooney ct al,
appellants. This was an action brought to
recover compensation for damages to
the crops of plaintiff in conse-
quence OF being wrongfully deprived
by defendants of the use Of waters Of Four
Mile creek. The court holds that there
were errors committed by lower court, but
no exceptions were taken at the time of
trial, and therefore cannot be taken now,
and that the damages were not excessive.
The Judgement of the lower court is af-
firmed, Judge Zane delivering the opinion,
Judges Anderson and Blackburn concur
ring.
The case of the United States vs. the
Church of Jesus Christ of Latter-day
Saints was set for September l.
The Nephi Irrigation company vs..
Richard Jenkinset al was set for August g.
w. H. Wood VS.. Moylan G.. Fox ct al
and John Whitney VS.. same; set for
August 3.
Mccormick va. Pratt, involving the Agri-
cultural College fund.- was set for August 8.