Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-06-11

There were no opinions handed
down by the judges Of the Territorial
supreme court this morning, and after
the minutes Of Friday'a session had
been read by Clerk Baohe, their honors
listened to arguments In tho cases
given below.
IMPORTANT, AZ TO FEES.
The fret case taken up was that Of the
United Statys Of America, appellant,
VI Henry q. Mcmillan, John j. Daily
aud Worden Il. Noble, respondents.
The defendant Mcmillan was clerk
OF tho Third district court, u. f., tho
c0.deiondants being sursties upon his
bond. Suit was brought by the United
| 5latos against them to recover an
amount alleged 20 be due from Me-
| MILAN ~ fees collected by him by vir.
tuu OF his office and Ia excess OF tue
expenses Of his Utiice, reasonable cletk
hire and $500 year, which II was
claimed by the plaintiff was all that
Mcmillan was entitled To retain aa his
J pefZOnal compensation. 'rhe com.
| plant alleged that portion VI the tx
cess sueI for was received by the CLERK
NJ lees ia naturalization cases and
tho remainder au fees In civil
suits between private parties In court.
] To the complaint tho defendants de-
| INJURED on the ground that II did not
state laots sufficient 10 constitute a
cause ~ action.
The questions arising on the demur-
ryr wefv--lst, whether the uaturaliEa.
ton fees received by tue defendant
Mcmillan were fees AMI emolumenis
luis oiilco a. clerk; aud 2nd, whether
the fees received by him a. clerk, In
quits between private partioa, were
such fees and emolumouts of his office
that he was required to account for tho
same.
Counsel Tor the appellant now con.
tended that tho court below Judge
Baftch) erred In passing on the de-
mufTrf, his Honor holding that
the act In regard 70 the fees
OF CLERKS Of u. 3. district courts, did
not apply 10 naturalization cases, aud
that thu clerks nsod not make returns
OF the lees received In that elias, "
cases. In the opinion Of the lower
court, Also, the fees received by tue
clerk fOt territorial business should not
bo accounted tor, because the United
States had no interest h,tovot la
them. Counsel agAiu attributed error
here, arguing that u the United 5tAtea
had the power 10 require tue clerk to
q account for all fees and emolumonta
, received by him by virtue OF his office,
II had an Interest IA requiring him 10
account fof these fees, because IL was
benefited thereby. A reversal Of the
decision VI the court below was there
fore now sought.
The appellant was represented by
Judge HowAu aud the respondents by
Attorney w. II. DioEson, the latter OF
whom, Ia a very fOfcibie argumsnt,
insisted that the two questions arising
upon this appeal were properly au-
sGefed In thu negative by the lower
, court; further that lees received la
naturalization cases were la no sense
fees Of the clerk, but were (as said by
the u. >. supreme court In tue Casu VI
the u. s. W NM paid ths clerk by the
: parties seeking naturalization rs COM
psnsation Tor his services ia looking
over the papers AMI ascvrlainiug their
= validity. rho clerk acted as Au aid 70
/ the court In passing on theso oasee, aud
bis duties IA this respect were not
connected In any manner with his
. duties as clerk.
. The case was submitted alter argu-
. mont.
, A POINT As 10 TAXES.
, The two cases Of the ZionI Savings
Bank aud Trust C1mpiny, appellants,
. VI l.. q. Hardy, ox-c1unty tax oOllrc.
tor, defendant anu tesp0ndBnti and
same VI r. J. Leonard, city YAK as
> SCISSOR and collector then came on.
; ! The iaots In each were ideHti-
cal and by mutual agreement
o between counsel the two appeal.
I consolidated
Appellants were represented " At
tornoys Barlow Ferguson aud Johu NJ.
. Cannon; County Attorney Murphy
! aud Judge Hoge appeared on the other
side.
The actions were commencei In
the Third district court some
time ago, when the facts were
fully reported In these columns.
, Hearing was had before eE.Chlef JUS
lice Zane, this plaintiff seeking 10 OBJ.
tain "A permanent iniuuCtiOntO restrain
r the defendants from collecting certain
portions OF tue city Aud county taxes,
= on the ground thaIthey wefeillugal, for
the reason that ths property on which
such taxes were assessed was exempt
from taxation. The relief prayed Tor
% was denied by Judge Hane, aud an
Ia appeal therefore taken 10 this court,
Counsel FOR tue appellants cOnlended,
among other matters, that the court
c below erred In holding that tho prop
!, eTty Of tho corporation was TO be as'
y s0ssed At the market value Of It, Capi-
Is tai stock, the shares OF stock being
=. exempt rom taxation.
/. A motion to dlsmiss, made by the
B. resp0nutnts' counsel, on the ground
q tuat tue controversy nsd been already
settled except an 10 costs, was argued
ANA taken under adyitomeut until
~, pm, and their HOuofs then dismissed
"a .uu appeals, upon tue payment Of cost
r OF thiB anu the lower court, Ia bots
cnseH,
loo Judge Bartch did not III In this
y case.
N Gour, adjourned at 2'lj till t..
morrow morning.
Camo Back at Henry.
q George Henry, who has led sort oil