The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-30
Supreme Tribunal Acknowledges II
Made a Mistake.
TAXING POWER OF TOWNS
DECISION IN THE KAYSVILLE
CASE REVERSED.
Supreme Court Holds That It Should
Rectify Its Error, When 1t Finds
That One Has Been Committed
Decision Was Rendered In the
Grantsville Case.

In reversing the decision of the lower
court in the case of II. Farley Kimball
VS.. Grantsyille City ct al. the supreme
court yesterday practically reversed it's
own decision in the case of Kaysville
VS.. Ellison, rendered last December.
The two cases are similar in almost
all respects. In the KaySville case Ell
lison was doing business at Layton,
which is within the corporate limits of
Faysville, and refused to pay mer-
chants license to Kaysville. because he
received no police protection or other
benefits from the city. The supreme
court held that the town of Kaysville
had no right to tax him, as he would
receive no benefit from the tax.
In the GrantSVille case decided yes
terday the facts showed that Mr.. Kim
balls property lay a mile and a half
from the plated and built-up portion
of the city, but within the corporate
limits of the town, which is four and
one-half miles square. He received mo
benefit from the city taxation, yet a
portion of his land was taxed for the
support of the city government. The
supreme court holds that the city had
right to so tax his property.
Chief Justice Bartch is the author of
the opinion, which is most exhaustive
one, and goes deeply into the law and
the decisions in like cases, and holds
that the legislature has the power to
fix the corporate limits of cities under
the constitution, and that the munich
pality has the power to tax. all the
property within it's corporate limits.
On the doctrine of stare decisis,"
which the defendant invokes, the court
holds that where it is manifest that the
law has been enormously decided, and
no material property rights or bust
ness rules have been established there
on, this doctrine ought not to be ap-
piled so as to prevent reconSidera-
ton of the former action of the court.
In concluding the opinion the court
says:
1T will be noticed upon examination
that the principles announced in Rays
vile VS. Ellison have no such support
of authority as ought to prevent lis
from again considering the vexed ques-
tions, and, upon finding we have di-
crossed, from returning to the true and
we'll beaten path. We are of the Opin-
ion that the tax III question is valid
and that the court erred in restraining
it's collection
The judgment of the lower court is
reversed.
Justices Miner and Baskin concur,
because of the provisions of the con-
stitution.
Mechanics Lien Case.
In the mechanics lien case of C. E.
Brubaker VS.. j. II. Bennett and Cinnie
Bennett, the supreme court affirmed
the decision of the lower court in favor
of the plaintiff.
The suit was to foreclose a sub-con-
tractors lien and was tried before
Judge Hiles last fall. The defendants
demurred to the complaint on the
ground that it did not state facts suffi-
cient to show a cause of action, claim
ing that the lien sued on was INSULT
cient, as it did not state the terms of
the contract between the owner and
the original contractor. The demurrer
was overruled and an appeal taken.
The court holds that the sub-cOntrac-
tor does not contract with the owner,
but with the original contractor, and 1T
is the latter contract which is required
to be stated when the sub-contractor
claims a lien. The Judgment of the
lower court is therefore sustained on
that point.
The plaintiff also appeals from the de-
cision of the court below. holding that
section 400, revised statutes. is a yio-
Iation of the fourteenth amendment to
the constitution of the United States.
This section provides that a lienholder,
if successful in his suit, may recover a
reasonable attorney fee. The lower
court refused to allow the fee on the
ground that such a law discriminates
against one party in favor of the other.
This judgment is also affirmed.
The opinion is written by Justice Bas-
kin. Chief Justice Bartch concurs in
the conclusion and Justice Miner holds
that the demurrer should have been
sustained, but concurs in other respects.
Mrs. Henry sloane's English Beauty.
(Cholly Knickerbocker in N Y World
: fau rranruinps acn when [ WAS in the