Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-07-25

"sa NOR tuot = iao.c u.e as would
Justify t4s sfluHdal,.n VI private
ptoptdy ~ tie IVY Dta tax.
As 10 Tue pr0p.sil.Jn that the las
could be maintained under the power
u Assss'meni for local improvements.
vested IA the Legislature, Judge II %
heii taa. the VOCAL 80 u tns wdgi {
law were In direct violation Of the
national Constitution, ~ Joprlvlug
tho iniiviIual Of Uis property wi,hoI.
lue pr.sOss Of Law. There beias ovo,
lhfe0 a halt million dUliar.5 worth
Of bonss is,uei under the law
IN Caiilnfnia, II was urs1i that pu5iie
policy d0mhniod that tue s.,tu o 10
sus'aineL Upon this point tue court
SAID:
Tho fact that vast sums Of money have
been Invested in works ,on,trugicd IN.
yer, nn1 IN pursuance ot, this legislation.
hnd that bonds running into the Million.
hHNo boon issued and sold Hereunder
ANA ihhi many individuals ma. mo-. Do
hble vlher"lso 20 secure water nf tao
itHgaion N 'h0ir Respective tracts N
lahl, anu tHa. .lH validity, tho lagiaia.
uph mas uayu 9pyur4l times ai.ia.ur.i By
lho HupfrWn u'urs OF tho s..lu. while .Ii.
uauIiug on no utrs Uf GA y CONT graat
ESQ auu caution la .hY cyuslipr4;.nu u
100 ease, ami cas.1g upon Dc a very
grave responsibility, cannot Justify
m failing 70 declare invalid
uslaiipn which, In is I4Ismou.. VIC.
mus hn-o principles ot lH. Consolation
OF the lui Oh Su.0s which prDts.t tb1
y ...
i"i'l1lo tnAins wiiuDut due pIusas, ~
i'N AMI ipf any other than q ltNlHI nf.
poo such questions uro no. fu .. do. !
t'EH'luyd uN questions OF tNueIIar.. or |
hardship lufJruntto as DO v.T .,IlI
lo'afs result lu .uNtz.0rs, aud d.sIf.u.s |
a. 10 undoubtedly ~ in this s,cilon % ,.s |
'u'n'fl 'nti irrigation Hc.lifIcs b1fm. |
r'ved nat extended, Il {. fs- mgrpiu. |
j ''.Ahi sh'i the provisions Of that rl,st /
'HW'of, which i- 20, slo,i anchor N |
forced.
Ihtfo L. no DOUBT that the decision is
severe blow 10 tno Irritation systfm
In California, aad II ii IL sustained
In tho gher court Will ser.
iuusly AFFECT other states which
have followed tho wugl, law
In that respect It IL Of vat imp.r;.
anc-. ConsIltl.lonal lawyers arc al
varianno In lboir opinions "a 10
whelher tho decision Will stand, come
urging that II cannot be maintained.
40 such n rule would do away with the
msking and taxing OF school districts
otc.; while others Insist that II IL good
law aud does not tiiic, tho school dis.
'Tic systcm, where toe funds arc USED
wholly for public uirs.
U!ah's interest IN the question II
direct, In that there have been
Strenuous efforts to have the
Wight system adopted here. This
has been rrsistud on the very grounds
lot up by Judge Ross for his objection 5
10 the system. Tho decision comes at
VA opporiuno time 10 cause chang,s
aud dovclormonts necessary la tho OK.
sling affairs u this Territory {
10 be well considered before s
being made. Tho idea Of con. {
lsontlon was strongly antagunlzsd !
when there was supposed sugge.,ion
hat way at the late Constitutional \
Convention; and now that Judge Ro,s I
has arraisued the ryslom urder the
Wright law In such strong terms, for !,
Is leanings In that direction. It isnot
kelly to meet with Increased favor y
'erc, NJ least until the subject is more 9
ully ventilstcI.