Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-01-11
SUPREME COURT OPINIONS.

Ti efftNE
In an opinion handed down Monday
by Chief Justice D. H. Straup of the
supreme court, the milk ordinance
which was passed recently. by the city
council is declared constitutional H
q. Howe. who was arrested and con-
victcd of violating the ordinance by
refusing to take out permit from the
city food and dairy commissioner, will
have to pay the $50 fine rendered
against him in the criminal division of
the city court and pay the costs OF the
appeal to the. Su1l court.
Howe contended that the municIpali-
ty is without the power to pass the
ordinance. But the supreme court holds
that 1t Is in the power of the city to
regulate sale and inspection of all pro-
visions. Furthermore. 1t Is declared
that by virtue of police powers con-
ferrcd upon the city, 1t has right to
enforce the provHions of such an or
dinance
William Bown, Jr. lost the appeal OF
his case In the supreme court Monday
brought in the Fourth district court
against William r.. Owens, treasurer of
Garfield county, for the conversion OF
Isl head of sheep which were sold for
delinquent taxes. In the first place
Justice Straup. who wrote the opinion,
because the possession of the sheep
never left him. When the sale of the
sheep was advertised. Bown bid the
sheep In by paying the amount of the
taxes. 1t held that the transaction only
amounted to q payment under protest
and the decision in favor of Owens Is
affirmed.
The difficulty arose over the number
of sheep which Bown grazed in Garfield
lA IIa al. l.
5000 to Owens and later appeared be-
fore the county commissioners and
claimed that he only had 5000 in the
county. From the evidence it appears
that Bown had 10000 sheep and grazed
them in Garfield and Wayne county.
Some months he run more sheep in
Garfield county than he did in Wayne
county. On this account, the commits
sioncrs decided that a fair estimate
would be 10000 head of sheep which
were valued at S20,150, and his taxes
amounted to $704S0.
Bown refused to pay any part of the
taxes on 5000 head of sheep which he
admitted were graZed In Wayne coun-
ty. The treasurer of Wayne county,
however, collected the taxes, amounting
to 1852 40. by selling some of his sheep,
and he paid $24 33 to Garfield county as
its portion OF the tax for the time these
sheep grazed In that county. The taxes
on the 5000 head of sheep In Garfield
county Bown refused to pay, and it
was collected in the same manner.
Bown claimed that he was paying a
double tax on some of his sheep. but
the supreme court decided that the
manner in which the taxes were col.
lected was regular under the circum-
stances.
John Mccullough failed again to Sc
cure the property awarded to his for
mer wife. Mrs. Mary Il. Mccullough,
now dead, which was awarded to her
when she obtained a divorce from him
The appeal to the supreme court of the
case was dismissed Monday because 1t
was not prosecuted In the regular man
ner Mccullough made the appeal on
the judgment roll insisting that the mo-
tons, petitions and aff1davits are re-
viewable without a bill of exceptions
William Mccullough. administrator of
the estate of Mrs. Mary A, Mccullough
contended that tho supreme court had
no right to review the case without a
bill of exceptions. The court sustained
the latter's contention. Mccullough at
tempted three times before In the lower
court to have the decree of divorce
modified and the property awarded to
him. The motion was denied each
time.
In the case of George j. Gibson. re-
spondent. against the Frank E. McGur-
rim ct al. the supreme court affirmed
the decision of the Third district court
In refusing to grant O non-suit upon
the motion of McGurrin. The suit was
brought to quiet title to certain piece
of property in Salt Lake county Nc
Gurrin demurred to the complaint on
the ground that 1t did not state facts
sufficient to constitute a cause of ac-
ton and the demurrer was overruled
Then McGurrin held that the suit raised
question OF law and not of equity and
demanded jury trial This WAS over
ruled. After Gibson presented his case,
McGurirn moved for a non-suit on the
ground that he had not established
any title to the Land. This was also
denied and tho case was appealed, as
signing these exceptions as errors
In an action to foreclose a mechan-
les lien on the New York hotel building
on Postoffce place. which was built
by the Salisbury estate. the Sierra Ne
yada Lumber company sought to re-
cover s3,3l5.+o, the balance due for ma
terlals, against Mccormick and Gray,
the contractors. and the Houston Real
Estate company, and Mrs. Margaret d.
Salisbury, administrative of the estate
OF o. ]. Salisbury. The Salisbury estate
and the contractors claimed that there
was only balance of $2316.45 due, and
that the lumber company neglected to
account for $1,000 which had been paid
to the contractors on the building. The
lumber company admitted that II had
received the $1,000. but had credited
the contractors with this amount on
an old account. The lower court held
that the amount had been paid but did
not determine whether 1t should be ap-
piled on the old account or the account
for materials furnished on the Now
York building.
This question was appealed to the su-