Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-10-31
ARGUMENTS IN
SUPREME COURT
The supreme court today heard argu-

The supreme court today heard argu-
ments in three of the most important
cases Of the entire term, each of which
involves questions of much interest to
the general public. The first case ar
gued was the case Of the state Of Utah
ex rel Joseph Hall, appellant, vs. AL
bert j. Howell, which involves the con-
stitutionality Of the act OF the legisla-
ture Of 1901, creating the Office of city
Justice OF the peace In cities with
population of from 1900 70 40, 900 lnhab-
itants. Under the act, precinct justices
OF the peace in cities OF that size were
practically abolished and such cities
were formed into one precinct with one
city justice.
The appellant In the above case was
elected justice Of the peace In an Ogden
precinct In 1899 and commenced his
term Of two years In January, 1900. In
1901 the legislature passed the new law,
creating the Office OF city justice and in
the election Of that year Albert ]. How
ell, the respondent herein, was elected
to that office and took charge in Janu-
airy, 1902. Appellant Hall claimed that
the act creating the Office to which
Howell was elected was demonstrations
al and that he was entitled to
hold his office as justice Of
the peace until his successor was
elected and qualified. In the lower
court Judge Rolapp upheld the consti-
tutionality of the act creating the office
OF city justice OF the peace and held
that Albert j. Howell was entitled to
the said office, and from that decision
the case was appealed to the supreme
court.
The second case argued was the case
OF Stewart II. Tanner VS. A. c. Nelson,
state superintendent of public instruc-
ton. appellant. commonly called the
text book case" 1t involves the le-
gality Of the actions of the state text
book convention, which met in this city
on May 81, 1902, and adopted text books
for use In all the schools Of the state,
outside Of cities OF the first and Sec
ond class for the ensuing five years.
In the lower court Judge Hall decided
that the convention did not publicly
open and read the bids for the text
books as required by law and hence It's
actions and adoptions of text books
were illegal and void. From such de-
clsion the state superintendent APP
pealed TO the supreme court.
The third case argued was the we'll
known Jordan river water case entitled
Salt Lake City, appellant and the Utah
and Salt Lake Canal company, respon-
lent, VS. Salt Lake City Water & Elec-
-rlcal Power company ct al. respon-
tents. 1t involves the right TO the use
If the waters of the Jordan river. the
point being as to the right OF
he Salt Lake City Water q Electrical
Power company TO the use OF any of
'aid waters. The case was on trial be-
ore Judge Morse for about four months
md was decided by him against Salt
lake City. A court commissioner was
appointed to distribute the waters OF
he river according to the terms Of the
lecree, Upon appeal to the supreme
,ourt. Judge Morse's decision was af-
irmed by Chief Justice Miner and
Justice Bartch, but Justice Baskin
handed down a dissenting opinion. Up
m motion Of the attorneys for the city
re-hearing OF the case was granted
~ the supreme court and Il Is upon
uch re-hearing that the case was ar
yued today.