Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-02-15
Supreme Court Hands Down an
Opinion Sustaining Action OF
Board OF Examiners.
is A COMPETENT TRIBUNAL.
Interesting Question in Ranking 10 DC
Decided In tho Couris--Doe Car
rics Diphthcrin Germs.

az state Auditor Robert ). Bra
oavy vs.. the state board of ex-
aminers. In which the former sued
tor writ prohibiting the latter from
interfering with his hiring members
Of his own family and paying them
what he gees ut. the supreme court yes
terday handed down an opinion sus-
tanning the demurrer of the states at
to,ney and disallowlng the auditors
claims
The suit was instigated by the ao-
lion Of the state board of examiners
In disallowing the claim of the audi-
4o,,s wife for 800 for services during
Tho month of December, and in cutting
Tho calm OF tho auditors son from
sls5 To sT5 for services during the same
month.
Tho court holds that the constitu-
tion OF the state makes the state ooarn
OF examiners n constituted tribunal
fully authorized in pass on all biiis
against the state, except those speclhc-
ALLY otherwise provided for by the con-
stitution and no court or other tribunal
has authority to set aside such aetioh'
Judge George Stewart wrote the opin-
ion. which was concurred in by Justices
Ailshie and Sullivan.
QUESTION ON BANKING.
A veiy important question, at least
one which deeply concerns the people
OF this community at this time, IL being
argued before the district court. The
case IS that of Receiver w. S. Bruce,
of the suspended Capital State Bank
against Charles Shepherd, assessor ut
Ada county. II is a friendly suit to de-
terinlne the question: "Can depositor
with credits OH the books OF the bank
Mt the time Of its suspension apply
such credits OH the payment of a note
already due the bank2" AT first sight,
this would sound an easy question; but
aipon further consideration 1t woult
develop that such action would put The
bank In the position OF paying certain
dcpositors Immediately the full amount
of theii. deposits. while others tthosf
X owing nothing to the bank at the time
OF its suspension) would have to wait
months for the payment of their de-
posits, which then may be greatly dis
counted depending upon what condi-
tion the bank Is In after q full ac-
counting has been made by the re-
eeiger,
In presenting the case to the court,
the attorney for the receiver stated:
The demurrer raises four questions
OF law. Does the right of set off exist
in favor of a deposltor against his debt
due the bank? May claim against
the bank acquired after the appoint
Inent of the receiver be set OFF against
debt. due the bank? May deposits In
the savings department be set OF,
against debts due the bank? Are claim
ants entitled to interest as against as
sets In the hands OF the receiver?'
The case was argued on both sides
and the opinion of the court Ia looked
forward to with much interest and ex
pectation, as It IL question which win
come home TO many residents of this
community.
DEATH OF JUDGE PEFLEY.
Judge Harlan Pefiey of the Boise mu-
nicipality, who died at his home here
on Monday last of rheumatism, after a
long Siege of Illness, was laid To rest
on Tuesday. Imposing ceremonies vera
conducted over the remains by the fra :
ternal order to which he belonged. tho
Knights of Pythias.
STONE CUTTERS FIGHT.
ON last Tuesday evening a nun,b.,
None cutters engaged in the stone
yards az Fifth and Front streets mel
with the determination of doing up,
Two OF their fellow workmen, j. 8
Jackson and James McMasters
against whom they had some sDltn
hand-to-hand encounter ens,Ied
stones were brought into play, Rno
Tor u time the situation looked vt,r,
grave; but II soon came to an ene
through the Interference of the no.
ice; but not until after great bolilN
injury was done to the two men nam.
ed above. They all We're put under
arrest.
DOGS AND DIPHTHERIA.
From developments in the home ot
-. w Ross of this city the local
physicians think they have ,ns,
Where pet dog has CARVED diph-
Inc children of this family caught
the dread disease The dog was or
uered Killed by the family physician
VINO afterwards made thorough ok
animation OF the animals throat
where he claims To haze found CONN.
Inc dyphtheria b0cilli,
The health officer has now attached
10 the quarantine signs put up al
the homes Of those having oontas.
ious diseases. this inscription: "1Ic
w dogs and cats; they carry dis
ease"
FOR RELIEF OF POOR.
For the relief OF the Boise p,ur
the ministers OF Il number OF tho re.
lgious denominations OF this cts
nave taken up campaign 10 raj
funds with which TO relieve the ais.
tressing situation, as II now presents
itself In certain parts They are after
$1,000, about half OF which has al.
ready been subscribed.
SOLDIERS DAY AT COURT,
Five of the blue coats" from For
HDlsa were arrested int SanHatt -,