The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-07-28

dents, which it is claimed could be
easily gotten. The case is entitled
The People of the Territory of Utah
VS.. the above named defendants. The
complaint alleges that the alleged
town incorporation has existed since
January I, 1895, under the assumed
name of Fernal, and that the trustees
have collected taxes, fees etc, under
assumed authority of law which in
reality they do not have and prayS
that they be enjoined from exercising
any of these. The town of NernaI
was incorporated by a petition signed
by fifty-one people Under an act of
the legislature delegating that
power to The county courts of each
county and that court ordered that
the petition be granted
1t afterr ards developed that about
one-haf the signers to that petition
were not tax payers or residents Of
Vernal. The attorneys for the plain
tiffs claim that the legislature cannot
delegate legislation to any court or
person. That the Incorporation OF
towns is purely legislative, and there
fore the way in which Vernal was in
corporated was not constitutional.
The case promises TO be nice case,
and will be fought hard by both sides.
First District Court.
An omen session of the First dis
trict court was held this morning with
Judge King on the bench
The following names were drawn
from the jury box. A venire was is
sssled. returnab Bile Sept. 9: Chris P. Pc
tarson, Fairview; John ChinSer, Provo; ;
George Hayes, Eureka: y. W. li1lIahy'
Provo; W. H. Page, Goshen; Herperr
Burton, Nephi; Stephen J. Ostler. Ne
phi: Claud Wheeler, Silver City; Luke
Cook. Provo: Joseph OVard, American
Fork; Joseph Justesen, Spring CITY;
Jacob SNYDER. Provo; Joseph Thomas,
Lehi; W. D. Robinson, American Fork:
Henry Jensen, Mayfield; Joseph HALL
day, Santaquin; l. l. johnson, Foun-
tain Green: Henry Watkins, Midway;
James Goodau. Santaquin, and Edwin
Lee, Snringville.
Petit Jurors were also drawn as fol-
lows: Rasmus Anderson, Mt. Pleasant;
William Southwick, Lehi; Nephi Straw,
Springville; G.. Q. York, Provo; Ed. J.
Conrad. Chester; C. n. Lund, Mt.
Pleasant; Neil NJ. Stewart, Meadow;
Fred Anderson, Manti; A. +. Jones,
castle Dale; Eli Clayson, Lake Shore;
Levi Schofieid, Eureka; John Hayes,
Mammoth: I. 3. DartOn, Provo; d. K.
sargent. Payson; Peter Gillispie, Mann
moth: John Karen, Lehi; n. w
Brown. Eureka; MAIDS P. Madsen. Lake
View; Thomas Beesley, Jr, Provo;
John Reese, w aIeS5 EIHeSl a oOAuD
Provo; O. w Warner, Moab; Warren
Fem, Provo; c. c. H Racket Alpine IEdT,e:
Martin Ford, Wallsburg; J. H. Barnett,
Pavson: Daniel White. Goshen; John
NJ. Strong, Provo: Thomas H. Beck,
Eureka; w. F. Wiscomb, Sprlrgville;
LANES Caffrey, Springville; Alfred w.
Billings. Jensen; Joseph Francon, LIE
van; Thomas Beesley, Provo; Frank
Alexander, Provo; George Cunning
ham. American Fork; ]. T. Bring
hurst, Scipio; William Thompson
Scipio.
A decree of foreclosure of mortgage
on ground and Iuildings on lot 3, block
20. plat \. Springville, was entered
against Joseph A. Reynolds, Arthur w.
Reynolds and their wives for S726 in
4erest and cost in favor of James
Wigmore. and for $S17.90 interest and
costs in favor of J. NJ. Easton, trustee
for Tootle, Hosea & Co, and declaring
the claim of Cutler & Bros. and Henry
It. Reynolds in the property to be in
ferior claims to those Of WigmOre &
Easton. Court adjourned until Friday,
Aug. 80.