Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-10-25
SUITS FOR POLL Tx.
REGULAR Proceedings that Demand
OMoIal Inquiry.
GRAVE cn,Rggs Aug PREFERRED
A. 10 ] + cesdlng' .omirg From Street
supsrT,or aullI's O1lss-Wnat
the L,w say.


Tho publiostioi Ia the Ngu1 last
"v' ming Of the fact hat lie ault and
Judgment had bser entsrsl IA U. 4.
Commissonef 51tGnet's court ye.ter.
{ y against n nlmbor Of ctz,us tor
poll tax aus costs has RAISE hnruct'a
neat aoOut the b-a Ia OF inoss VIII IN.
sutuioJ the cults ami the go,nt hss
been roachc where many p-1lle feel
that the II iyor ought Asc,r ,in The
legality ., TIE attitude Of 40 ne OF the
nead' OF city departments, since the
matter IL so9ut 10 be brought beiore
the cOu,tp.
The business has come about In this
whU a large number VI suits ( this
character has heeu begun Ia the CON.
mpsionsr's ooutl. They sre in the
name OF SAT- Lake Guy as plsin,fl,
AID all the complaints Dcar tn. signs-
turo OF Hog, q Van Horns 90 auor-
ueys. Judge Hog Ia city attorney
std Mr.. Wan n rue nsHis,snt. The
Q mp Aiuu allcgo that un Ter h city
urdi YguCs. tue itfrnlsnt nwes s. pblI
TX, anu idsment l. AskeI Thereon,
with costs.
When each sui Il Instituted there IL
Incurred q coat OF s5..6 or tue issue OF
summons and otnur cUurt expenses.
fhsu ierc T. $40 ioT he shtriti'. re-
tutu, making $40 wneu Ju Igmsut II
sutered, h. auuitlon TO the VI gihAl 50,
w the cases of de aull rtferf' d TO there
a.. al O.. o.
tnis will come the oil ef's lee for his
levy under tue execution.
ln one OF tue poll tag suits thus be-
gun. the dsloudsnt fihd a demurrer TO
tue complain, settins iurtn Its In
suilicieuoy tot the following reason.
/. Tn.t II was begun Ia tur name Of
Bslt bske Ciy, Instead OF that OF
the superintendent Vi streets, US tho
law diftcls.
.. ruat II alleges no year for which
N. poll tax claimed Is due.
2. Wat II does not set forth that q
dem nd has been msde tor the IN money.
4. That tue u hilsd States commis.
| siOuer has 20 IurisdictiOn o. cts,s arts
iDg under the city Ordi4 ances, sucn US
these do.
The iirst three grounds OF demurrer
are vital, and In ,quliy should
have been considtreu IN every
case, even where the defendant
was not Represented by att irnsy. Tho
lOurln becOmts specially important
when, alter receiving such notice, the
court proceeds 10 enter default and
give judgment even against parties
who have not raised the poinL II tho
fourth objection II not we'll taken then
the courPs judgment would stand; N
II IL good, theD the judgment IL a vio-
lhtlon OF law.
THIS latter view 10 what has raised
the question 10 one OF general public
impOrlancs. IL IL understood that the
4 orneyn for tho plaiutiff have adj
mittoi that their complaint IN weak
on the frat three points raised. Then
~ follows that the doisuls cases have
been prucetdcd with upon bad com.
plants, ami In connection with the
iouTlh point woul' undergo AN over.
hauling on writ OF os-tiStarl In the
dlstrict cour,, which II 10 said tho gem
tieiutn against whom Judgmen now
stAnur Of record will Tssoft to unleSa
the Judgement IL speedily vacated.
Upon inc fOuflh aud important
p0iut, when should have barrel any
iutiher proce ding even IN the de-
faullsd cases until definitely settled,
here 10 tho staten at OF the law upon
vnich a nuuib,r OF leading attorneys
tOAay declared the eniofipg Of Jug
mont an illegal AMI outrageous act, for
wh.c1 tbc city department insututins
sd pfossiug tho suiIs should lie called
% = W erJy q, souIt by the Mayor, In
tbe Interest OF the publici
sc. 2077 ~ the Compiled Laws OF
lSsBAAl =; "Wilbin incorporated towns
90 ui.iys, sEid pail tax may TO collected
unasr SUCH regulations as may be by
orilnauof provided"
In IGrslsnce OF tuis observation, the
city Otdinanc- provides, In It's chapter
on polllax; I'll any person shall isil
TO pay the tax required by this chapter,
within ten days alter the lins n,on-
toned In the police provided for In
tee presiding section, said tag shall
pe deemed delinquent, and tho person
20 liable shall thetositrr hc required TO
lay such tax In mo"ey; and the
al ervisgr VI streets, Us auc mus
m action OF debt In Rry
court having Jurisdiction; and no
property Of such doliuqus,t stall be
exempt from execution on Jus ment
80 recovered"
This Il the ordinance buiborizlpg
the collection OF poll tax 10 Salt Lste
city, when in1ln les tne provision rs
to VINO shali enter sur, rAisei In the
first point Of the demurrer.
Now oOmss the Important Issue OF
the court that has jurisdiction In the
collecting oi thistsK. SEQ 1890 Of tbs
Compiled Laws 81 1883, as amt nd,d In
1909, s4y.; "rh. jullcial power OF the
, O. ysuall be vested In tho Justice OF
, IL u,ars Of such city. sad Justice
shali have exclusive OtigiBAl jufisuic-
ton OF oaset arising un1er,ur BY teas0a
OF the violation OF any ,rdinsnco OF
by-laW o gaid city, anu snal nave the
same Jurisdiction as other justices OF
! the peace m cases arising under the
' laws OF the Territory"
HeTelsA pain prohibition OF every
other Iu,tlns of the peace interfering
with the enforcement Of city or i
names. Ia. city Justice hss sex
3 ousivs original jurrdlollou." AZ to
whether u, =. commissioner has
more tEtenJtd power In this class Of
cases iuEn Justice Of The peace, sec.
uon OF the Edmun s-ruoNrr law,
the Conversational enactment unueI
, which United States commisslunrrs
derive their mower In thls leTiituTy,