The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-07-29
FEDERAL JURISDICTION.

case of supreme political inn
portance has just been decided by the
United States circuit court of appeals
at Chicago. 1t involves the right of a
state to control purely state matters
and which have no relation TO the
federal government.
It seems that Indiana has a law
which permits towns and cities to an
mex territory to them. In pursuance
Of this law the town of Hammond an
nexed some 1850 acres belonging to
several parties. A petition was sent to
the board of commissioners Of Lake
county, in which Hammond is situated,
against the annexation, presumably. 1t
was denied, and an appeal was taken
to the Lake circuit court, and then by
change of venue TO the Porter cir
cult court. At the trial held in the lat
ter court the jury gave a verdict re-
versing the finding of the commission
ers, and the city made preparations to
collect $500 in taxes from the terri
tory. In the meantime Mrs. Forsythe
appealed to the supreme court of Indi-
ana, which affirmed the Judgment OF
the lower court. This was not salts
factory to the Forsytl1e people. They
applied TO the United States circuit
court for the district of Indiana for an
injunction to restrain the city of Ham
mond from collecting the tax for 1894.
Judge Baker, before whom the matter
was heard, dismissed the proceeding,
holding that F'orsythe had no equity.
As a last resort the United States cir
cult court of appeals was applied to,
and in the voluminous brief submitted
it was alleged the annexation made
four years ago was void on account of
non-contiguity of territory. 1t was
wholly upon these allegations that the
case was remanded back to Judge
Baker for a rehearirlg.
The decision was rendered by Woods,
Judges Showalter and Jenkins concur
ring. The territory annexed was from
the tenth ward, and comprises the
towns of Roby, Sheffield, Forsythe and
Robertsdale. 1t is under the jurisdic-
ton of the municipality Of Hammond,
and recognized as part of the city by
/
Shields and Forsythes, who are non
residents.
The Forsythe tract contains 723 acres
of land, valued at $245,340. and is taxed
fer SO. 500. The account of the trial is
given as we find it in an exchange, ard
is somewhet meagre.
The mayor of Hammond, Mr. Fred
erick r. Mott, was determined to col
lect the taxes, but fearing arrest for
contempt OF the federal court, he sent
a letter to Governor Matthews asking
for military protection when he should
proceed to collect the taxes on Mrs.
Forsythe's annexed property The gov
ernor sent back word that the Indiana
supreme court was law enough for
Indiana, and that the United States
court and Judge Woods had nothing
to say about it. Speaking of the case,
he said:
The federal courts have of recent
years been reaching out and gathering
to themselves jurisdiction in matters
that are within the province of the
states alone l think this tendency
should be restricted.
The decisions of Judge Woods prac-
tically ignored our state supreme court,
and / have advised the Hammond au-
thoritiss that they proceed in the collec-
ton of taxes as though there had been
no dictum from the federal court.
do not know what steps the fed
eral court is likely to take in the mat
ter. and individually 1 am Indifferent.
/ think it is time that its encroach-
ments should be resisted firmly.
The case cannot fail to become cele-
brated and will probably cut a big fig
ure in the pending campaign To judge
by the newspaper accounts there seems
to have been a gross usurpation Of
power; but without all the facts and
the decisions in the case it is impossi-
BILE to form a just judgment. But as
Governor Matthews says, the federal
courts have of recent years been reach
ing out and gathering to themselves
Jurisdiction in matters that are within
the province of the states alone. 1t
certainly is high time that this ten
dency should be restricted.