Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-10-20
SIMILAR CAsLs.

IL seems that San Francisco II In
financial situation somewhat rosem.
bling our own ia At least onu rospeci
II has outstanding Indebtedness which
the Consultation aud statute law ia
against the payment Of. This has led
TO the creditors preceding In court
Of equity 10 obtain their dues, where
upon the Chronicle properly remarks
that is universal aud well under.
stood rule VI law that the doctrine Of
equity cannot apply where there IA a
direct constitutional or statutory enact.
ment covering the case. Our cotom.
porary cites as the most familiar and
easily understood application Of this
principle what Is known az the
statute OF irards, oue example
Of which viii serve 10 make the prin.
Ciple clear. Tho statute Of California
land that of Utah IL idenlical) provides
that an agreement that by i,s terms H.
not TO be- performed withlnn year from
the making tboroof Is invalid unless
the same, or some mote OF mcm1ran-
DUN thereof DO In writing and sub.
scribcd by tho party 20 DO charged.
Now, no matter what the equities may
be one cannot recover In the absence
OF u written contract In the case speci.
fed, for equity never interterca with
express statutory Provisions. This ~
not our case but Il serves TO Illustrate
the principle pointed out many times
by the NEWS, that the statutes, not
the equities Of a given case, govern.
Here We are controlled by a law OF
Congress, there II Ia the constitution OF
the state and the local law, both being
supreme In the respective common.
wealths. The Chrono'o shows that II
debt.holders put their claims on any
broader ground they must DO met at
ores by the proposition that every
man II supposed to know the law and
that when they gave the city credit
for work done or materials furnished
they must have done 20 with full and
complete knowledge OF tho existence
Of section Is, ar,lcle XXI, OF the consti.
tuition OF California, which "a as fol.
lows
No county, city, town, township, board
Of education or school district shall incur
| Indebtedness or liability la any manner
or for any purpose exceeding in any year
| tho income ana revenue provided for u
| Tor such year without the assent Of Nv o.
thirds OF the qualified electors thereof
voting at an election TO bu held for that
/ purpose, nor unless, before OF at the time
/ OF mourning such Indebtedness, prOyl-ion
| shall Boo made for tho collection oi an an
nual tax SUFFICIENT to pay tho Interest ON
such Indebtedness a. IL falls due, aud also
/ 90 constitute a sinking fund Tor tho pay-
mont OF tho principal thereof within
/ twoniy years rom the time OF contracting
/ tho same. Any indebtedness or liability
/ Incurred contrary TO this provision shall
/ DO void.
There Is no ambiguity or indirectness
In that language; nor IL there In the
aw by which We are controlled. Yet
there are those In power here who
have set themselves up as superior to
the national statute and In defiance
thereof and obliyious to the obligations
which they seyerally entered into, have
gone beyond the law and are now using
money legitlmatoly collected to cover
up their wrongful proceedings. They
or othoys who promise nothing better
slill seek TO control our municipal
aiialrs; but tho disappointment melted
out to thom next month should be q,
conclusive as diseomh,iug to them aud
gratifying to all lovers OF roctitudo In
public and private He.