Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-06-18
An Important Ruling With R ference
10 Court Clerks Fess.
II. G. ncnILLANs rOISr GAINED.
Several Interesting Cases Under Argu.
ment Today. Leasing VI school
Lands.


one opinion was handed down, aud
that Of some little importance. IL was
In tho case OF the United States VI
Henry q. Mcmillan, o1.clerk OF the
Third district court, John J. DAILY ami
Warden 4. Noble, his sufotien. The
facts were fully stated ia these columns
when the legal arguments were niale
last week
Tho action was brought by the United
States 10 recover an alleged surplus Of
fees and emolumonts earned aud
received by MI Mcmillan, ~ clerk,
and when II was claimed he failod 10
account Tor and pay over, a. required
by sections S33 aud Sii Of tho u. s..
revised statutes.
The opinion was rendered by Chief
Justice Merritt, Justices Miner d
smith cOnuufrlng. Their honors said
that two questions were here presented.
tirsi, VAS the clerk required 10 account
for moneys earned and received by
NAAA ~ WV hAANH bNAhANh IlAANNAN lNla
ties anu from tho Territory Ia Terri.
ioual busiuussi second, was no e..
quired ~ account for moneys earned
anu received by him IN the matter VI
The naturalization OF nliups2
The court thought b0tn Of these
questions were ~ be- answered Ia tho
negative. The Territorial legislature,
by an not approved February 2Jth, 1874,
prescribed tue Ices anu computation
VI clerks OF the district courts.
That act was sull In force anu had
received tbs implied sanction Of Con.
gtess (Clinton VI Englubtecht, 10 Wall
i3i, iiBl; anu their hOnOfH tOOk judicial
notice 0i the fact that the practice Of
tue courts Of this Territory had been
" tax tue costs " CLERKS, marshals, etc,
In accordance with thc Territorial Fec
Bin In all other than U. X. business.
IL In many Instances prescribed Tor the
clerks larger compensation than diu the
Federal Fee Bin iot precisely similar
services, aud also gave an allowance
TOT some services for which no cor
responding charge was found In Tue
act Of Congress. The case OF Marie
W Ogden City Hallway %. lS5th Pac.
Rep, 6Oll, uecldod NJ tnu lnsi January
form OF this curt, was quoted. In
this II was held that the Federal Fee
BIN was mot applicable to cases
In the territorial courts 10 which the
United States was net n party, or VI
which the Federal courts would not
have exclusive jurisdiction n the Ter.
rtOry we're n state. They nov Rd.
hored 10 the ruling In that case, and
held that the CLERK was not rtqulIed
~ account for any moneys earned OF
received by him IN other than United
States cases. The court likewise held,
upon tue authority OF the United
states W HUI, 10 u. g., that he was
not required " account In tho matter
Uf nAiufaliEaliona.
The judgment Of tho lower court
Judge BarIchl was therefore
Hilimed.
ovERRULED.
In the case OF the Salt Lake Build
lug anu Manufacturing %. W. WIN. 4.
O'MeatA OF al, the motion TO rsinsIaIs
appeal was oVerrulei.
LEASING W SCHOOL LANDS.
The fret case argued was that Of w.
q. Burrows et Nj, plaintiifs anu respond.
:
King, VI Oliver q. kimbAll ct al, de-
lOfnuy John M, Zane Zane 4 Zanel
appeared. Appeal IRON Fret distrlcI
Judge smith,
This cause arose out OF cOntrO-
Vsrsy over See. ~, adjoining the town
Of SoOneld, Emery county, which
section II, by the reservation contained
in sec. l,BiB VI the revised statutes OF
the United States, u school section
The laud had been Ia dispute between
various parties. Ia 1890 tue Territorial
Legislature passed the act In reEATI ~
the leasing OF school lands. Both
plaintiffs anu defendants made appli.
cation for different portions OF
tue school section 10 tho county
court, which body without notice
10 the defendants granted a lease
Of the whole section TO plaintiffs, who
therefore brought an action against tbs
defendants Tor ttespass. Defendants
now urge two gfOunus why the Judg-
ment rendered Ia favor Of the plaintiffs
cannot aiand-FiTsl, that the lease
made ITO plaintiffs by the county court
was invalid because the law As 10 the
leasing OF school lands was not fol.
lowed; second, that tbs Territorial
Legislature had no right 10 pass the
law giving authority 10 lease the
school lands to the county court.
n TAN COLLECTIONS APPEAL.
Oregon Short Line aud Utah North.
eTn Railroad company, plaintiffs and
respondents, vs. Hyrum Standing.
county collector Of Box Elder county,
defendant anu appellant.
Nals Jensen, county prosecuting At
totney Of BOX Elder, anu MalOney and
Perkins for the appellAnG r. Il. VIII
liRms anu ID. h. HempsIead, Attof-
neys for respondent.
Appeal from Fourth disIriot-Judge
Miner.
This was bll nIed by the re-
spondont In tue lower court to restrain
standing from collecting tax Of one
mill on tue dollar levied by Box Elder
county Tor poor purposes. The plain.
tiiis claim that suun tax 10 illegal and
void "a being in excess " the power o.
the county to levy taxes. 10 the cOm-
plant the defendant hgd fled n de.
murrer setting form, In substance, two
grounds-nTst, that the bill showed up.
ca It's lace thai the iaI was valid anu
within tho power Of tue county;
second, that the plaintiff had AL