The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-06-08
WATER WORKS. TAXATION.
The Ogden Assessment Sus-
tanned by the Supreme Court.
SMITHS MAIDEN OPINION.
The Famous Blazzard Will Cases Set
tied by Agreement
A Division of the Property That Is Salts.
factory to All the Contestants
Terms of the Agreement-Other
Supreme Court Business.

Judge Smith handed down his maiden
opinion in the supreme court yesterday
morning, in the case of the Bear Lake
and River Water Works and Irrigation
Company appellant VS.. Ogden City.
which was argued the preceding day.
In this case the plaintiff had been as
sessed by the city in the sum of $1,0S4. 50
for taxes upon its property. The
amount was paid under protest, and the
plaintiff then instituted suit against the
city for the sum thus paid, alleging that
under the statute the property was ex-
enpt from taxation. The city filed q de-
murrer to the complaint and the demurrer
was sustained. Plaintiff then appealed.
The section of the statute upon which
plaintiff relied reads as follows:
'All rights TO the use of water and
means of dlverting water shall be ex-
empt from taxation except for the purpose
of regulating the exercise OF the use OF
such right in all cases where the land or
other property upon which the water per-
tanning to such rights is aSsessable for
taxation. But in making the assessment
the assessor shall estimate the increased
value of such land or other property
caused by the use OF such water.''
Judge Smith held that there was nc
allegation in the complaint that "the
land or other property upon which the
water pertaining to such right is assessa-
BILE for taxation,' and hence affirmed the
decision of the lower court in sustaining
the demurrer. Justices Zane and Bartch
concurred.
BLAZzARD WILL SETTLEMENT.
The famous Blazzard will cases, five in
number, which have been in the courts
for several years past, have been settled
by the parties to the suits, and decree
was entered by stipulation in the supreme
court yesterday morning. Gin accordance
with the agreement.
The cases are as follows: John Blaz-
gard ct al, plaintiffs and respondents
and Thomas M. Blazzard ct al, inter-
venors and respondents, VS.. Mark H.
Blazzard ct al, defendants and appel
ants, Caleb D. Blazzard ct al, defend
ants and appellants, Orson d. Blazzard
ct al, defendants and appellants, Lucy
d. Watts ct al, defendants and appel
lants, and Lucy d. Watts as administra-
trix,
The agreement entered into is as fol-
lowe, su bstantially;
First-The plaintiffs and interyenors in
release the defendants in each of said
causes respectively, all claims for dam
ages, rents, issues and profits and costs
stated aud given by the respective 1udg-
ments therein, and to convey by deeds to
each of the defendants, Lucy D. Watts,
Caleb D. BlazZard, Orson d. Blazzard
and Mark II. Blazzard, all the interest
of each OF said plaintiffs and intervenors
in and to the several pieces or parcels OF
lard in lot 5, b!cck 80, pat A, Salt Lake
city survey, and to pay to the said de-
fendants the sum Of So, 500, together with
half CT the taxable costs OF said de-
PENDANTS in this court to date, including
one-half OF the cost of printing abstracts,
etc..
Secoud-Ihe defendants, Lucy d.
Watts, Caleb D. Blazzard and Mart FL.
BIazzard, agree to release to the plain
tiffs and intervenors in the above entitled
cause, all claims for damages, rents
issues and profits OF the land described In
the pleadir gs, lot 6, block 90, plat A, and
to convey by suffi en5 deeds unto said
plaintiffs and lntervenors all thei.
interests in said premises, that
is to say one-sevensh undivided