Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-06-07
The SUPREME COURT.
Tho Ogden Water Tax Case Vas De-
Cidad this hOTni1g.
BLAzzARD WILL CASES SETTLED.
rv.Dcputy Marshal MILESTONE OF Ogden
Appears on Writ Of iiaboas
Corpus. -MIscellaucous.

.
Corpus.-MIscellaucous.
The judges Of the Territorial Su.
prome colrt have boon In session
again today. when their honors me,
at 40 O'Clock Clerk Bache read tho
minutes OF yesterday's proceedings,
aud those having been verified aud
sigued, this day aggnda was taken ny.
ARCusD YEsrERp So, DECIDED TODAY.
Tho court rendered ma unusually
prompt opinion iu tho case OF the Bear
Lave und River Wnicrwofss and Iui.
cation company VI Ogden CITY, which
was argued as recently as yesterday.
: 10 was nn action 10 recover slu5333,
I with Interest, paid by plaintiff under
! protest go d fsndant, ns taxes for the
lcnr 1891, upon pia.ntlli' water sys-
tenn in Ogden city. Tho facts were re-.
/ ported la ruc.day's NEWS.
Their no nom now held It was
evident that the intention Of the legif.
laturr was To exempt the right 10 use
water from taxation whore land or
other property was subject 20 taxation
was directly benefited by such use, but
/ iu 40 other case. Water lowing IN
natural stream, said the court,
Or ia ditch, was not sub.
! jet 10 owner'hip 30 far as the
corpus Of the water was concerned.
rho right TO use Il was a n,rcdiiament
apluuounnt 70 the land. This was
the highs tbat was exempt from taxa
l ton iu casts where the land % which
% was upfmtenant was ,uljtoi to
| taxation. WHtoriu The pipes OF a dis.
/ tuhuuuE systtm was personal
I property, the ownership being in the
/ water itsel. 10 was nc common law
| tho subject Of larceny and was not
] apputiuugut to any luuJ, aud there
| fore WAS not within the exemption OF
| the statute before cited. The court
! found no error lu the record and
uilirmcd the judgment Of the lower
/ court,
Judge Smith delivered tho opinion,
Judges Hanu and BatIch oouCufIug.
NOTION ~ Dismiss ALLOWED.
In the case Of william Carol W.
Adclboft Roberts, the motion 10 dismiss
was allowed anu tho appeal wiped u
the list.
REItEAIuNG DENIED.
Wolf Marks W John r. sullivan ct
al. The motion and petition for a 70.
hearing Ia this use was denied.
a SETTLEMENT Al LAST.
Tho Blazzlrd will cases, five H.
number, which have engaged the Rt.
/ teutlUn OF the courts lJr q long period
Of time, having been consolidated 10,
stipulation, the Supreme court now
entered docrue remaining them g.
the Third district court, the several
/ parties To the suits having arrived at
an amicahlo Rdiustmuutaud settlement.
The stipulaliOns tiled were subslan.
tally as follow:
Fiul-Ihe plaintiffs and intervenors
agree 10 release 10 the defendants In
ench case all claims for damages,
reuts, is1uea, ani profits aud COSTS stat.
cd by the respective Judgments therein
and 10 convey by sufficient deeds 10
the defendant Lucy d walts, Caleb |
| ID. BlhEznru, Olson ID. BlazEard and
Marx II. Bazzard all tue interesis Of
tue plaintiffs aud iuttrvenur4 10 the |
heveral pieces 0f land la lot 3, block 30,
plat "a" salt Lake CITY survey; and |
10 pay unto defendants tho sum OF
5000, together with One.hhlf OF their |
total taxable costs In this court to date, |
including one-hali OF the cost OF print. |
! ing aherlols, transcripts and briefs.
| secOnd- lhu defendants Lucy ID. |
| Waite, Caleb ID. BlaZIari, Olson ID. !
! BlaZZAfd and Mark II. 49, z1ard agree /
! iOirrlense 10 the plaintiffs and inter.
| vonofs IN cause $3.50 all claims Tor
damages, rents, ifaurr and profits Of :
the parcel Of land, lot o, block 90, plat |
"a" Salt Lake CITY survey, ana 10 |
convey by deeds 10 plaintiffs anu inter. |
von0rs all their interests Ia thu same, |
I. e., unt-seventh undivided ~ each of /
said iGtsryeuors anu the remaining |
! tve'seyenths undivided to the plaiu. |
] tti-; unto plaintiffs aud intervonor, |
/ all moneys now In the hands OF the /
! receiver, or which might be- received |
| by him IN the execution OF his trust as |
rents or pfotls from the property |
| last described.
ThiTd-Except Rs stipulated in the |
| FIRST paragraph, the Plaintiff, inter. |
veuors anu defendants are 10 pay their |
| several costs In this court ~ date, the |
costs subsequt nily accruing 10 be paid |
| One.halt by pltiutifs anu intervenors |
/ Nuu One-half by the defeniuuta.
| Fourih-lt Is agreed bud stipulated |
| that the several dtcreuB In the five |
causes shall be- vacated aud the judg. |
ment Of this court be entered In each |
cause, romanding the same 10 the dis. |
trlct court with directions 10 enter |
DEGREES strictly as In this stipulation
provided.
An APPLICANT FOR LEdAL HONOR.
ID. w, stafford, Of this city, applied
20 be admitted an attorney OF the |
Supreme court. lie will be taken in |
hand by the examining committee.
ADMITTED 10 THE BAR.
On motion NJ Attorney Van Meter.
John q. Woods, OF Kansas, was adj. |
mittud 10 practice at the bar OF this
court.
MILESTONE AGAIN on DICK.
The arguments ON the writ OF haboas
corpus In the matter OF tho application !
u Henry Milestone vs. u. s. Marshal
Benton wore then proceeded with, Al.
turney D, Evans taking up the case OF
the petitioner. Judge hlagiunls las.
sistaut district Attorney reprasonted