Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-10-05


'eut domain, than is In ,ho
'uon' In the latter case wy law Of tan.
ny wlll be made Of the ne, surely seru,.
y. uet. rinining whether ~ me eours.
NJ N lor y a public or a priv,,us use pfo.
vow Is the property unds, one.
question taken Tor nriva,e me aoii,
purposet II seems 10 inc \, ~ a pubs
pose Is clearly a public ON .nat The pu,.
OUGHT 10 \. as a, .hls point is eop es, y;
,,, lnete being no question b,,n
pr,pVse OF TAX must be puhI, " a. he
slso DC slated with empbs"i. caa
uutuen oil the tax must BE- ras mat tie
upon the state at large ~ .'aue 10 test
particular district OF the sta,a upon any
~ he purpose Tor whirh /, eofditg
VI general concern to tho wbsi ~ leHed Is
wnetnef II pertains only ia ~. s'a1e,of
Jar district When the be,aey, pai'icu.
IS by the state at large The n,',',. uef'td
DC accomplished ~ state -, 'pose nus
county purpose by countv ,a'Nauon,
town purpose by town tSs 'u,i,A'Auon, a
oip,i I3i any Inferior distlic, b r'a !
, h,' ..il o. such district ANY nn " zoe
-. wnlen 'ne community at iafse vs.,9
one. Is public
Again it Is well settled h,.
districts may be as numefons 20 'aSinl
poses ior which taxes are isy,.Ii'e pui
not essential that the politir,i - nt
OF the state should be tbc ~. us'Ileh
taxing district, but special tis,, is az u,
DC established for special r ~ nay
wholly ignoring the political de,g,oss'
as " the case Of the distfir, o,'','y,'i
ilons under the Wright Law. h"''ia'
II Is implied In all de6ni,i,,. -,
auon mat taxes can be levied lor nrsi
purpose; only. Differences Of o I'LL
iEtqdently arse, but ouly uno p',ea
question whether the particular n,,,. tle
LOT which the tax Is proposed IL s ~
Tue requirement. II Is also ae,., ~, w
the determination rs 20 what a ma ~, W
= NOT puoac purpose belougs 49,.
legislative department of Inc , Wuf
ment and, that the persumptisn 49,. -
always be In favor OF the decision oS, ~,
legislature. VI We
There IS no such thing al d,,,l.
, clear and definite line of diglips,,ank
tween purposes Of public and ,bo'I y,
private nature. Public and pfiv,oi
tefesS are SO cominingl.d In ma.
cases, that II is difficult to dele,s,i.l
which predow' iatei. But when ny
legislature has once d,clated IN,
certain case is public one. the come,
as a general rule, will support h NJ
not satisfied that an error las been eo,.
niit,ed, an, II there Is any doubt an
tie purpose, the legislative dee,tos
should stand. The following afe an
stracls OF some OF the decision, II N.
courts Oh this subject.
4 he supreme court of Conpes,,,.,
held that; Money Tor particular NM
pose may he raised by tax Il there X
the least possibility that il will be ma.
motive IN any degree OF The public ws!i.
fare.
"a Conn. iis,i9s. "a tax law" hh
SAT- by the Pennsylvania supreme
Court. must be considered valid unle,,
/; be Tor purpose 90 walsh the CON.
munity taxed has no or ~
~ Pa. ST. ilTi74. AgI IN the s..
prcme Court OF Wisconsin, b was he'd.
80 justify the court in artysti N.
proceedings and IN declaring the ut
void, the absence OF all possible pubic
interest In the purpose Tor ,tici Is,
funds ATE raised must be Gle and pa.
pablo; so clear and palpablr, as to 3.
preceplible by every mind a, ffa
BLUSH"
Coming down to the purpose Of d.
act before us, II seems To me that ,hei,
can be no question but, that in a eoua