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REMARKS

By President George Q. Cannon, in the
Eighteenth Ward Chapel, on Sunday
Evening, February 1st, 1891.

[REPORTED BY ANGUS K. NICHOLSON.]

The announcement of the Bishop saves me the necessity of asking for your faith and prayers. I would not stand here if I did not believe I might receive the assistance and Spuit of God. I have been in public life since my youth, but I never arise before a congregation without feelings of timidity. It seems almost incredible, but it is nevertheless my weakness. I have always learned to put my trust in

the Lord.

and blood had not revealed this to him
but his Father in heaven. No doubt
sessing great power, attracting great
the Apostles walked among men pos-
attention on the part of those with
whom they mingled. It required,
however, the discernment that God
gives to recognize them; it required
spiritual perception-something more
than man naturally possesses-to distin-
guish them as the servants of God.

be led by the spirit of God till we reach his kingdom.

remove all difficulties from our pathSome men say, "Why does not God way?" If He did so there would be no development. His reason for placing us here was to develop our divine natures. If we were not surrounded by darkness we could not develop. We must taste the bitter in order to relish the sweet, that our spirits might be purified, and that we might exercise our free agency. Good and evil must be presented before us. We are as free agents in our sphere as the angels are in theirs. We are free to do right or to wrong, and to choose the path we shall tread in.

He'll call, persuade, direct aright, Bless him with wisdom and with might, In nameless ways be good and kind, But never force the human mind. God will force no man to heaven, because he would be of no value if there. When we get to heaven it will be because we have developed within ourselves the qualities that make heaven. We must develop heaven within ourselves, so that there will be perfect harmony between us and our surroundings. I have seen men enjoy great happiness in the midst of the worst surroundings. A man of this character might be happy in hell if he were sent there on a mission, because he would carry with him the elements of happiness. Angels may come from heaven to earth and mingle in earthly scenes and yet be happy. They do not lose their angelic qualities nor their happi. ness.

The spirit of revelation is the spirit of light. Do all mankind enjoy this spirit, or is there only a certain class who have it? Every human being that comes into the world has received a portion of the Spirit of God to enlight-do en his mind. Every one is born with it who is perfectly born, but that is not As you know, it is not our practice the gift of the Holy Ghost; yet this to prepare anything beforehand to say gift of revelation or prophecy is re to the people. I never did it in my ceived by all and is enjoyed to a greatlife. I have pondered in my heart the er or less extent by all, according to principles of the Gospel and of right- the cultivation bestowed upon it. We cousness and have trusted to the Spirit have perhaps known persons, not memof the Lord to suggest the things to be bers of the Church, who have had this said. I know it is the proper way, be- gift to a wonderful extent. They have cause how impossible it is for me to had impressions which have afterknow the wants of your hearts, wards proved to be true. How often whether you need strength or com- in everyday life we are thinking of a fort? The people have wants which person and we meet him or receive a the spirit of faith can supply, and no letter from him. We may not have matter how simple the language or thought of him for months, but sometrite the subject, it is a remarkable thing spontaneously brings him to our feature connected with the preach- mind, and before many hours we pering of the Elders that when haps either see him or hear from him. the Spirit of God accompanies the This, I believe, is the Spirit of God, or words they carry light, intelligence the spirit of revelation. and comfort to those who hear them. How often it occurs in the experiI think this is a very remarkable fea- ence of a person that he is prompted to ture of the principles of truth. The do a thing and having done it he will repetition of them does not take away afterwards see it is the thing he ought I thank God for giving us our from them their value or make them to have done; or, neglecting to do it, agency, because I think this earth will stale to us, but they are profitable and he has seen that he has made a mis- be a furnace to cleanse me and prepare bring intelligence to the mind. It is take in not following the prompting. me for a better condition of affairs and this great power that has attended the It is almost as though he heard a voice. a better life, and I believe this of all preaching of the Gospel in our day that The man who lives in accordance with of us. The Lord has placed us here has convinced so many, contrary, in the promptings of this spirit is to an ex- for wise purposes. It is just as necesnumerous cases, to their own inclina- tent a prophet, and if he live in accord- sary that our bodies should be subject tions, for they could have no induce-ance with it strictly-no matter to law as it is that our spirits should ment from a worldly standpoint. whether he never heard the Gospel of be. These bodies of ours are naturally We hear a great deal of the principle the Lord Jesus or never knew any- rebellious-full of strange appetites. of revelation. If we believe in it, no thing of the Bible and other sacred We are here to conquer these desires. doubt we have our ideas about revela-records-he will be saved if he follows All of us will be sanctified and retion and the way it is received. I that light. God will not judge us from deemed if we are faithful. But we suppose everyone who has read the a light we do not know, and the more must bring this earthly substance in Bible has derived some impression re- we know the stricter will be our judg. subjection to the will of God. When garding this subject. The principle of ment. A man who possesses an under- men die, their bodies do not leave this revelation is a gift enjoyed by the standing of the principles of the Gospel planet. Our spirits leave here, not beSaints to a greater extent than they will be held to stricter accountability ing created out of the elements of this themselves imagine. Some have an than the man who does not compre-planet, but if these spirits of ours are idea that there must be some super- hend them. Heathens will be saved subject to the Spirit of God and are natural influence or power rest down ahead of thousands and thousands who controlled by its infiuence, and our on the person who receives revelation, profess belief in Christianity, for it is tabernacles have been subject to the that transforms him to a certain revealed that they will have part in law of God, they will be redeemed, exextent, and makes it apparent the first resurrection. Where much is alted and glorified. Every law of to a man who knows him that given much is required; where little is God that we obey tends to our exaltahe is something beyond what men given little is required. tion. The spirit that we have here naturally are, and there is disappoint- In regard to revelation, it is our duty will be the spirit that will anius in the resurrection. ment, I presume, because of expecta- to walk in its light. When a matter is mate а is tions not being fulfilled in this direc- presented before us for consideration, spirit of evil it tion. I need only refer you to the case if we will live as we should do, we will have power over us; if it is one of of the Lord Jesus, who possessed the shall know which course is right. It truth and righteousness it will direct greatest power of all men, being a God. is our duty to follow the light-that is, us. All the progress we make here Notwithstanding His position, the the spirit of revelation. That is the will be to our advantage in the next greatness of His calling,and the power way the Church of Christ is life. The intelligence acquired here that he possessed and manifested in led. That is the way Moses will not be lost. We will keep adding the midst of the people, there were led the children of Israel. It to it, and the more we seek undervery few who recognized in Him the was by following the light as it pre-standing the greater will be our enbeing that He was. He did not come sented itself to his mind, the path being dowment of knowledge. Fidelity, inup to their expectations. They did not made very clear before him. That which dustry and all the other good qualities look upon Him as the Messiah. In was dark, or which produced a stupor exhibited on earth will be manifested fact His own Apostles had to exercise of mind, or was not clear to him, was a great deal of faith to understand who not followed by him. That which is He was. It was only by revelation plain and clear, and which our minds that Peter knew that He was the are not unsettled about, is always safe Christ, for Jesus told him that flesh to do. When we shall do this we shall

If it

in heaven.

Many persons doubt the existence of God because they cannot recognize the providence of Deity in the various conditions which surround men on the

earth. This arises from a misappre- we will go immediately to celestial live as they should do, they have an hension in their minds concerning the glory. There must be preparation affection for each other that they never plan of salvation. I believe that false some means by which we shall become before entertained. Jesus, in his peti. religions have made more infidels than nearer and nearer to the glory which tion to the Father, prayed that the anything else. It is natural for man to is promised. We have had great disciples might be one, even as He and place confidence in a Supreme Being. promises placed upon us, and they will His Father were one, that the world When he is in trouble he naturally be fulfilled if we are faithful. That might know that God had sent Him. seeks to a Superior power for aid. The same authority that said unto you, call- I pray God that we may live so as to historian Bancroft comments on the you by name, "being commissioned of exemplify in our lives the principles fact that men in a state of nature al-Jesus Christ, I baptize you in the that we profess. I pray God to let ready believe in a Supreme power. name of the Father, and of the Son, His spirit rest down upon the bishopric There are differences in our organiza- and of the Holy Ghost," and which and members of this ward, and the tions. Some are naturally much more produced the remission of sins to you, strangers that are within your gates. religious than others, and others are has made unto you these promises, and indifferent on the subject of religion. they will be fulfilled by your being It is the duty of every person to cul- faithful. But there must be exertion. tivate faith in God and not stifle it. It The idea taught so frequently that a is our duty to our children to promote murderer who repents on the scaffold this confidence in them. In all my and professes belief in Christ goes imtroubles, trials and affictions it has mediately to heaven is a fallacy and been a source of unbounded consolation leads to the commission of much sin. to me to go to my Father in heaven and We are not going to receive blessings call upon him in the name of Jesus for without we comply with the condihelp. I never did so in my life with- tions on which they are predicated. out obtaining relief, and having my God will not force these things upon burdens lightened and my sorrows us. assuaged. I bear you this testimony. He has answered the prayers of His people in a wonderful manner. In sorme cases it might be called miraculous.

HANCOCK MURDER CASE.

In the Supreme Court of Utah Feb. 4th, Judge Miner delivered the fol lowing decision in the case of the Peo ple of Utah Territory vs. George W. Hancock, impleaded with two others. which was on appeal from the First Dis trict Court, wherein Judge Blackburn denied the defendant's motion for a new trial and from the final judgment of conviction:

The indictment in this case charges this defendant and two others with the murder of Henry Jones on the 24th of April, 1858. It was found by the grand jury on the 8th day of March, 1890, or thirty-two years after the alleged crime was committed. Defendant Hancock was tried separately.

The record shows that on April 24th, 1858, the deceased, Henry Jones, was living with his mother Hannah Jones, his brother John Jones and little sister, Ellen H. Brown, in a small dugout at Payson, Utah Territory. At this time Ellen was a child of about five years of age.

The reason why I rejoice in our religion is that those blessings that I have read about in ancient times are within my reach by complying with the ordinances of God. But I rejoice more esI would not value any religion that pecially because there is power on the did not give sustenance and strength to earth that God acknowledges. A man those who espoused it. I love my re- might have all the wisdom and learnligion because it is accompanied with ing that belongs to the entire human power. There is no proper yearning family, if such a thing were possible, of the heart that cannot be gratified by and if he should then attempt to bapit to the fullest extent. My life has tize a man, unless he was authorized been made a happy one because faith of God, it would not have any effect. in God has been an unfailing source of If this government heard that a man, gratification and peace to me. It was not commissioned to do so, was acting this that consoled the Savior. He had as an embassador from the United numerous afflictions and sorrows to States, would they acknowledge what contend with, and it was the knowledge he did? Would they accept a treaty At the time of the trial it appeared that He was doing what God required, made by him as binding? No. They from Ellen's testimony that at about that gave Him strength to exemplify would repudiate him. So it is with nine or ten o'clock in the evening of in His life the principles He taught. God. He will not sanction what men April 24th, 1858, she was awakened by If Jesus had mocked, crucified and do in His name if they are not author-a disturbance outside the dugout caused cursed His enemies and said evil ized of Him. This authority is the by the firing of guns. She remembers things concerning them, what an ex-binding power that holds the Latter-seeing her two brothers, Henry, the ample it would have been for Him to day Saints together. It is stronger deceased, and John, get up, hurriedly set while teaching His glorious doc- than any other power on earth. Some dress themselves, take their guns and trines! The people would not have had call it the Priesthood. When it is go out on the roof through a chimney faith in Him. But He did not do this. given to man it makes him a legal rep-hole; that soon after this five or six He carried out the principles He resentative of the Almighty. taught. He has given to mankind lessons as to the way they should live. He lived these doctrines Himself. In Him you see the exemplification of all the doctrines He taught. Should we not in like manner carry out strictly the principles He taught to us? We certainly should. The Savior said: "Whosoever shall smite thee on thy right cheek, turn to him the other also. And if any man shall sue thee at the law, and take away thy coat, let him have thy cloak also."

men came into the cabin and wanted If this power has been on the earth, her mother to tell them something, but how else could it be restored unless what they wanted her to tell she could some being who had formerly held it not remember, it was so long ago. She should come and restore it? To have does remember, however, that her assumed anything else would have mother was begging and pleading for been utterly false, as this is the method the lives of her boys, and that one of that God adopted-to send messengers the men shot and killed her mother. from on high who had the authority There being no light in the room, she before. There is not a man outside the was unable to distinguish who was true Church of Christ possess present. She was a stranger there at ing the Priesthood from God. It this time, and did not know the defend. has been customary when a man had ant Hancock. That several weeks a son religiously inclined to have him after she saw Charles Hancock, the We should carry out His examples educated for the ministry. There was defendant's brother, on the street and strictly in our lives. We all know it is not a man on the earth that could say recognized him as the man that killed not so difficult to teach as to practice; he had authority from on high, and her mother, and that on July 4th, 1858, nevertheless we should strive to how else could it be restored except by she saw the defendant and recognized attain to that perfection of character angels? The apostleship and its author- him as one of the men who were that will make these things easy. ity were taken back to God, and there- present when her mother was killed, When men despitefully use us we fore it should be restored through the and that she was frightened at seeing should endeavor to treat them kindly ministrations of holy beings. When it him and went and told her father. It in return. It is a greater trial to do was restored remarkable manifestations also appears that on this occasion de this than to follow the natural inclina- followed, and many of the people re- fendant Hancock was a constable; tion of fallen humanity. To conquer ceived a spirit and experienced a feel- that this was a time of Indian wars, by kindness is the greatest victory to be ing they had never felt before. It has and guards were constantly kept out had. We should right all wrongs by united men and women of various to guard against surprises from the kindness, and show those with whom creeds and nationalities, brought them Indians; and that Hancock and others we are associated that our love is broad together, and they are living in peace of these guards had enough to forgive them and that we and unity. Men may say what they scheme on the part of Jones and his have charity for their weaknesses. We please to the contrary, but there is love brother to steal horses that night and ought to attain to this. We cannot go in the hearts of the Latter-day Saints escape from the settlement, and to to God till we do. I do not believe towards each other. When this people meet the United States army, then not

discovered a

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appear to show that the killing of Mrs.
Jones was a different transaction from
that of the killing of Henry Jones,
and whether Hancock was present at
her death or not is left in dispute and
uncertain.

only in doubtful cases, but also when the testimony tends very strongly to establish the guilt of the accused. It will of itself sometimes create a doubt, when without it none would exist."

17. "There is no case in which the jury ment, give a person the benefit of a premay not, in the exercise of a sound judgvious good character. No matter how conclusive the other testimony may appear to be, the character of the accused may be such as

On the trial defendant was convicted. Defendant's counsel assign twelve errors as grounds for a reversal of the verdict and judgment of conviction. Among them are the following: 3. The court erred in allowing to create a doubt in the minds of the Henry Gardner, against the objection jury, and lead them to believe, in view of of counsel for defendant, to testify that the probabilities, that a person of high Henry Jones had been castrated and character would not be guilty of the offense charged, that the other evidence in had no testicles. the case is false, or the witness mistaken."

That in order to frustrate this scheme, which had been discovered, watchmen had been placed at the corral where the horses were kept and at Jones' house, to prevent his escape as well as to guard against surprises from Indians. That after Jones had escaped from the dugout he went from place to place in that vicinity to escape pursuit and was much frightened, and that he was shot in the arm while eluding pursuit, or in attacking an antagonist, which was alleged to be the defendant. Jones continued his efforts to escape, and early in the morning arrived at a town called Salem, or Pond Town, some three or four miles from his mother's house. That the posse, including the defendant Hancock and many others, were in hot pursuit and caught the deceased at his latter place, disarmed him and took him prisoner. Hancock seemed to be in command. A guard was placed on each side of the deceased. Hancock was a little to the rear and others about and around them. In this position they started with the deceased to return to Payson with him. This was supposed to be three or four hours after the killing of Mrs. Jones. Thus guarded, the party started for Payson. What followed is a matter of speculation, as the witnesses disagree. It appears, however, from the testimony of Wilson (a witness for the prosecution) whose testimony was discredited and impeached in many ways, that Hancock directed the posse in charge of Jones to take him to Payson. All In the course of the trial it appears were armed except the deceased. by the testimony of Henry Gardner, While walking along in the direction under objection from the defendant's of Payson, and talking about stealing counsel, that Henry Jones had been horses, etc., Jones remarked that be castrated some considerable time before didn't want to go with them; that they the alleged homicide. It nowhere aphad killed his brother and he was not pears that the defendant had any hand going with them, etc. About this or complicity in this transaction, or time Jones looked up and saw some was in any manner chargeable there other parties coming towards theme with, or that that fact in any way and remarked: "There come some tends to elucidate the question involvmore of the d-d curses after me!" He ed, or throws any light upon the questhen stopped and threw up his hands,at tion of the guilt or innocence of the which time the prosecution claims defendant. The presumption is that that Hancock remarked to his companions, "Now slap it to him, boys;" a gun cracked and then another, and Jones fell mortally wounded, and Soon afterwards died where he was shot. There was a large party present at this killing, most of whom have since died. The next day Jones' body was taken by some one other than the defendant, and placed with that of his mother, without washing or changing the clothes. The supports to the roof of the dugout were taken down and the roof lowered to cover the remains, and they were both left thus entombed.

7. The court erred in refusing each one of the several requests asked for the defendant, to wit, severally, each one of the twenty-one requests appearing in the record.

8. The court erred in charging the jury as to the effect of good character. 9. The court erred in charging the jury upon the facts as to the belief to be attached to witnesses who testified to the exact language thirty-two years after the transaction.

10. The court erred in charging the jury that time does not run in favor of murder, and in charging that no lapse of time washes out the stains of blood that the murderer makes; and in charging generally upon the facts of the case.

The Court erred in charging the jury as to the subject of justification, the defendant not having made or asked for justification, but denying the killing; and the charge of the subject of killing was an argument that the defendant was guilty.

It also appears, under objection from defendant's counsel, that a long time prior to this killing Jones had been castrated by parties then unknown. The defendant is not proved as having any complicity in that act.

We do not consider it necessary to review each assignment separately.

this testimony was admitted for the
purpose of showing malice on the part
of the defendant, and that was proba-
bly the ground upon which the learned
Judge admitted the testimony. If this
be so, the prosecution failed in any
way to connect the defendant with the
act of castration. This, we think,
was error. The only object for its ad-
mission, if it was admissable at all,
would be to show that the defendant
committed the act, or assisted in its
commission, and that he must have
had malice against the deceased at that
time; and when the prosecution failed
to connect the defendant with the act,
the testimony becomes wholly incom-
petent. Its admission, under the cir-
cumstances, would naturally tend to
awaken a prejudice in the minds of the
jury against the defendant. Testimony
of this transaction was foreign to the
issue and should not have been allow

That prior to and after the killing,
Hancock had been a person of good ed.
moral character. Different and con-
Error is assigned upon the refusal of
tradictory accounts of the killing of the Court to instruct the jury as fol-
Mrs. Jones and her son, and of the time lows:
when the killing took place, appear

16. "In a criminal trial, evidence of the from the testimony, but enough does good character of a person is of value not

The Court refused these requests, but instructed the jury as follows:

"Proof of the good character of the person charged with the offense is always allowed in this class of cases, and the weight to be given to it is to be determined by the jury. It is all-important in doubtful cases. Where the evigood character, is clear and explicit, on dence, outside of the presumption of which no doubt can be cast, good character will only cause the jury to hesitate and think about the matter. The jury will always remember that a man has to commit his first crime. He cannot commit all the crimes, if he does commit any, at once; he has to break over the rules of good conduct and good life for the first time, sometime in his

life."

We think the requests numbered 16 and 17 should have been either given to the jury or embraced in the charge of the court; and that the instruction given to the jury on the court's ov n motion was erroneous. This charge, as given, limited the effect of good character to doubtful cases, and that in cases where the evidence was clear such evidence would only have the effect to cause the jury to hesitate and think about the matter. In other words, that in clear cases of guilt good character should have no weight, except, for the jury to stop and think, but in doubtful cases it was all important. We think the charge was misleading. In doubtful cases the jury should give the defendant the benefit of the doubt and acquit; and to do so it would not be necessary for the defendant to add proof of good character to the doubt already existing in order to be entitled to an acquittal.

It is in clear cases therefore where evidence of good character is of the most avail. There may be cases made out so clear that no good character can make them doubtful; but there may be others in which evidence given against a person without character would amount to a conviction, in which a high character would produce a reasonable doubt, or in which high character will actually outweigh evidence which otherwise might appear conclusive. "Good character is an important factor with every man; and never more so than when he is put on trial charged with an offense which is rendered improbable in the last degree by a uniform course of life wholly inconsistent with any such crime. There are cases where it becomes a man's sole dependence, and yet may prove sufficient to outweigh evidence of the most positive character. The most clear and convincing cases are sometimes satisfactorily rebutted by it, and a life of unblemished in

tegrity becomes a complete shield of charged was committed and the com-
protection against the most skilful mencement of the prosecution is not
web of suspicion and falsehood which to be considered at all. It is not an
conspirators have been able to weave. element to determine the guilt or inno-
Good character may not only raise a cence of this party, one way or an-
doubt of guilt which would not other-other. Time does not run against the
wise exist, but it may bring conviction murderer or in his favor. No lapse of
of innocence, In every criminal trial time washes out the stains that blood
it is a fact which the defendant is at shed by the murderer makes."
liberty to put in evidence; and, being This charge was possibly given under
in, the jury have a right to give it such a mistake of fact. We think it had a
weight as they think it entitled to." tendency to mislead the jury, and
that from it
People v. Garbutt, 17 Mich., 9.
they might infer
People v. Mead, 50 Mich., 233.
what the opinion of the Court was as
Com. v. Miner, 140 Mass., 479.,
to the identity of the murderer, the de-
Concemi v. People, 16 N. Y., 501. gree of the offense and the guilt of the
Harrington v. State, 19 Ohio St., 264. defendant. This homicide was com
1 Bish. Crim Prac. 1115-6.
mitted thirty-two years age, and when
we consider that the witness Ellen
Brown was only five years of age at
that time, and that other witnesses had
grown old and possibly forgetful with
increasing age, we cannot conclude
that the length of time that has elapsed
since the homicide should not be a
strong circumstance to enter into the
consideration of the jury in testing the
truthfulness, forgetfulness, candor or
bias of those left to relate the circum-
stance of this alleged murder, and as
bearing upon the probabilities of the
guilt or innocence of the accused.

3 Greenl. Ev., 25.

People v. Ash, 44 Cal., 288.
Remsen v. People, 43 N. Y., 6.
Heine v. Commonwealth, 91 Pa. St.
145.

State v. Daly, 53 Vt., 442.
Coleman v. State, 59 Miss., 484.
Wharton's Crim. Ev., 66.

This charge also gave the jury to understand that a man was expected to commit his first offense, and the jury may have been led to believe from it that the offense charged might be one of those crimes that the defendant might be expected to commit for the first time, and that, as a matter of course, if the defendant had a good character and had never been connected with any crime before, he might now be expected to be guilty of this one; that the time had come at last for the defendant to break over the rule of good conduct and commit his first offense, and that this might properly be expected from all men. We think

this was an error, and that it was not cured by a subsequent instruction to the jury at the close of a case, where

the Court said:

Hopt v. People, 110 U. S., 574.

For the reason stated the verdict and judgment of the court below should be set aside and a new trial granted.

We concur.

ZANE, C. J.,
ANDERSON, A. J.

UNPAID TAXES.

In the Territorial Supreme Court February 4th in the case of Ephraim P. Ellison, respondent, vs. James H. Lindford, Jr., appellant, Judge Anderson delivered the opinion. This was an appeal from Judge Zane's Court.

"Gentlemen of the jury, I may have overlooked one important matter. I do not remember now what I said to you in reference to the Defendant, as tax collector of the character of the defendant. city of Kaysville, levied upon and sold The character of the defendant is to a wagon belonging to plaintiff for unbe considered by you in weighing all paid municipal taxes levied by said the testimony in the case. If his city upon his property. Plaintiff character, notwithstanding all the evidence in the case, raises a doubt in your mind as to his guilt or innocence, a reasonable doubt, he is to have the benefit of it."

This instruction in no way modifies the erroneous instructions first given; nor does the Court withdraw his first instructions from the consideration of the jury, but leaves it to stand as the law in the case, which it is presumed

the Court did not intend to do.

When conflicting charges are given, one of which is erroneous, it is to be presumed that the jury may have followed that which is erroneous.

brought this action against the de-
fendant to recover damage for the
taking and selling of said property,
upon the ground that the taxes were
illegal, for the reason that the property
on which the taxes were levied was
not liable to taxation for city pur-
poses, being situated outside the platted
and settled portions of the city, and so
remote therefrom as to receive no bene-
fit from the expenditure of the taxes
for municipal purposes.

Defendant, by his answer, admitted the seizure and sale of the plaintiff's property as alleged, but claimed that the taxes for which it was taken were legal. The cause was tried to the court Grand Rapids & Indiana Railway Com- without a jury upon an agreed statepany v. Munroe, 47 Mich., 152. Jones v. Talbot, 4 Mo., 385. Brown v. McAllister, 39 Cal., 557. Aquire v. Alexander, 58 Cal., 21. Plaintiff v. Jameson, 51 Mich., 153. Murray v. Commonwealth, 79 Pa. St.,

311-391.

34 Iowa, 375. 49 Kan., 142.

50 Ind., 42.

95 Ill., 383.
91 Ill., 63.
14 Kan., 174.

The Court also instructed the jury as follows: "The length of time that has elapsed since the murder that is

ment of facts. The court held the tax
invalid and gave judgment in favor of
the plaintiff for $50 and costs, and the
defendant brings this appeal from said
judgment.

poses, and a store, and all within the corporate limits of the city. One tract is situated a little over half a mile from the nearest part of the platted portion of the city. The second tract is situated about one mile, and the third tract about two miles from the platted portion of the city, while the store is about two miles away, at a little place called Layton, on a county road leading to the city proper, and also on the line of the Utah Central railroad.

This so-called "city" is only a small village containing about six hundred inhabitants in the platted portion thereof, and yet its corporate limit. include more than twenty-three square miles. It is not shown that the platted and settled portion, or what may be termed the city proper, is likely to be extended in the direction of the plaintiff's premises, nor that any streets, driveways, or other improve ments in that direction are contemplated or at all probable; nor is it shown that plaintiff will or can derive any benefit from the expenditure of these taxes, except in that general sort of way in which it may be said that all residing in the country are benefited by good streets, sidewalks, etc., in the town or city where they usually go to transact their business. But this kind of benefit is too slight to make it equitable or just that their property situated in the country should be taxed for city purposes.

The questions involved in this case were fully considered and elaborated by this Court in the case of the People vs. Daniels, 22nd Pac. Rep., 159. That case involved the validity of a tax on agricultural lands for city pur poses, and the tax was declared void. In that matter Zane, Chief Justice, in declaring the opinion of the Court said that "taxation for city purposes should be within the bounds indicated by its buildings, or streets, or alleys, or other public improvements, and contiguous or adjacent districts, so situated as to authorize a reasonable expectation that they will be benefited by the improvements of the city or protected by its police; that no outside districts should be included when it is apparent and palpable that the benefits of the city to it will be only such as will be received by other districts not included, such as will be common to all neighboring

communities.

We see no reason to doubt the correctness of the decision, and as it is decisive of the point involved in this case, the judgment of the District

Court is affirmed.

Justices Blackburn and Miner con curred.

CITY COUNCIL.

The regular weekly session of the City Council was held February 3. The meeting was called to order at 7:45 o'clock by Mayor Scott. The follow ing councilmen answered to roll call: Lynn, Anderson, Spafford, Heath, Pendleton, Wolstenholme, Noble, Pem broke, Pickard and Parsons.

PETITIONS.

From a plat of the city showing its corporate limits, the platted and settled portion thereof, and the location of plaintiff's premises, which plat Petition of William J. Silver, asking is made a part of the record, and from that the order compelling him to conthe agreed statement of facts, it ap-rect water closets on his premises pears that the property of plaintiff on, with the sewerage mains be rescinded, which the taxes were levied, and on on the ground that there are no sewer which he resides, consists of three age pipes on the street in front of his tracts of land used for farming pur-property. Committee on sewerage.

Petition of David Woodmansee et al., asking for au extension of water mains on First West Street between First and Second North Streets. Committee on waterworks.

Petition of S. P. Teasdel, asking that a Y be placed in the sewer main near his residence. Committee on

sewers.

Petition of E. L. Craw et al., asking for an extension of water mains. Committee on waterworks.

Petition of Peter Moore, asking for a corrected deed to certain property in block 16, plat C. Committee on public grounds.

Petition of Fox & Symons et al., asking that a license be imposed upon itinerant photographers. Committee on license.

Petition of J. C. Watson & Brothers, asking a reconsideration of their bill of $108, tabled at a recent meeting of the Council. The bill was ordered taken from the table and referred to the committee on claims.

Petition of the call men of the fire department asking for twenty rubber hats and coats. Committee on fire department.

Petition of H. Lichenstein asking that $13.75 be refunded him from overpayment of broker's license, made by mistake. Committee on license. THE LIQUOR MERCHANTS ASK FOR THE RIGHT OF PETITION. To the Hon. Mayor and City Council:

Gentlemen--The Liquor Merchants' Protective Union Association of Salt Lake City desire that they be allowed to present to your consideration a communication respecting the enforcement of the city ordinances against doing business on the Sabbath day, or engaging in trade on these days, and ask that you fix a day for the presentation and hearing of such communication.

Respectfully, Liquor Merchants' Protective Union Association.

By W. C. Hall, Attorney.

Mayor Scott-The right of petition is guaranteed to everyone at any and all times, and therefore this request is out of place.

WANTS TO RENT THE WOOLEN MILLS
PROPERTY.

W. C. A. Smoot in a proposition to the Council offered $200 a year as rental for the Woolen Mills property. Filed. COMMUNICATION FROM THE AUDITOR. Communication from the City Auditor recommending that $47.60, amount due the city pound-keeper, be placed on the appropriation list. Adopted.

BILL FOR FEEDING PRISONERS.

Bill of A. J. Burt, for $348.90, for boarding city prisoners in County jail for the month of January. Appropri

ated.

Bill of Mrs. M. Merrill for $504.60 for boarding city prisoners for the month of January. Appropriated.

FRED KESLER'S PETITION REJECTED.

In the matter of the petition of Fred Kesler, Jr., representing that he is a part of the judicial power of Salt Lake City, the City Attorney reported as follows:

as

APPROPRIATIONS.

The following appropriations were
then ordered:
Poundkeeper..

Joseph Silver....................................................
A. J. Burt..... ................

Mrs. Merrill......... .................................................

Total........

47 60

61 60

501 60

848 90

.$923 60

The Council then adjourned for one week..

allow persons to be taken indiscrim- be granted; that the petition of J. G.
inately to different justices of the peace Smith and others for an extension of
in the city would involve the expense of water mains on Seventh South Street
an increased police force, and neces- be granted; that the petition of A. L.
sarily would require as many Deputy Bruce and others for the establishment
City Attorneys to properly attend of a watering trough and spill on Sec-
to the duties of these offices ond Street be granted. Adopted.
there are justices of the peace
in the city; as it might happen upon
any given day or days that there
might be offenders against the ordin
ances, arrested, and triable before each
Justice in the city. Therefore, for the
orderly administration of justice and
as a matter of public economy, in my
opinion it is perfectly proper to desig-
nate one Justice of the Peace to hold
his office at the City Hall before whom
shall be tried all violators of the
ordinances of the city. I do not agree
with Mr. Kesler in saying that the
United States "Fee Bill" applies to the
office of Justice of the Peace. It
has no such application, for
the reason that the fees of
the Justice of the Peace are
regulated by the Territorial statute.
For the city to pay the regular fees
stipulated in the "Fee Bill" for each
offender tried for violation of the or-
diuances would involve a sum of
money more than twice the amount of
salary paid Mr. Laney. For these
and many more reasons I recommend
that the petition of Mr. Kesler be re-
|jected."

ARBITRATOR APPOINTED.

The committee on fire department recommended the appointment of T. C. Rooklidge as arbitrator in the matter of the claim of Hanlon & Benson. Adopted.

ASSISTANT CITY RECORDER RESIGNED.

Russel C. Woodruff, Assistant City
Recorder, tendered his resignation, to
take effect at once. Accepted.
NEW DEPUTY RECORDER APPOINTED.
Recorder Jack reported that he had
selected Chas. H. Crain, as Deputy
Recorder, and asked for his confirma-
tion. Action was deferred for one
week.

SALARIES OF THE POLICE OFFICERS
INCREASED.

FINANCIAL REPORTS.

The following financial reports_of the Territory for the year ending December 31, 1890, have been filed with Governor Thomas:

The Auditor's Report. OFFICE OF TERRITORIAL AUDITOR,

Salt Lake City, Utah, Dec. 31, 1890. Hon. Arthur L. Thomas, Governor of Utah Territory:

Dear Sir-In accordance with the requirements of law, I have the honor herewith to submit the report of this department from March 15, 1890, the time I succeeded Mr. Clayton, to December 31, 1890.

FIRST.

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The committee on police reported as Utah............
follows:
Uintah................................

Washington..........

Wasatch...

Totals..........

605,386 00 658,730 30 52,270,966 00

3,794,826 00 2,911,890 00 1,050,644 00 276,486 00 1,582,956 00 8,951,720 00 582,046 00 14,661,756 00 1,086,068 00 802,330 00

3,519 70

- 3,026 93 3,293 65 261,354 83 18,974 13

14,599 45

5,253 22

1,382 43

7,969 78

44,758 60

2,910 23 73,308 78

5,430 34

4,011 65

$105,612,216 00 $543.061 08

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referred the resolution of Councilman
"We, your committee, to whom was
Anderson in relation to increasing the
pay of the captains and sergeants of
police, would respectfully recommend:
That the pay of the captain of police be
increased $15 per month, and that the
pay of the three duty sergeants be in-
creased $10 per month, as the charter pre-
vents the salary of any appointed officer
from being changed when the same has
recommend and suggest that the city at-
nance creating the office of captain of
torney be requested to formulate an ordi-
police and three duty sergeants, to be ap- The several counties
pointed by the Mayor, by and with the
consent of the Council."

once been fixed by the Council. We also

Adopted.

REPORT OF THE COMMITTEE ON

WATERWORKS.

The committee on waterworks recommended that the petition of Harriet That the city jail is located at the Partridge et al. for an extension of City Hall, that the marshal and police water mains on M Street be granted; have their offices there and as a also that the petition for extension of matter of public convenience there water mains on Eighth East Street be ought to be a Justice's Court estab-granted; that the petition of Hyrum lished there for the trial of offenders Harris and others for an extension of against the ordinances of the city. To water mains on South Temple Street

Amount received from

counties by treasurer
per his report......
ties.........

Balance due from coun

Total..........

will be credited the
compensation for as-
sessors and co'lectors
and rebates allowed
by County Courts,
which I estimate at
about.....

30,234 95 543,061 08

$ 396,117 37
177,178 65

..$ 43,000 00

Leaving for Territorial
and district school
purposes...

Total........

$573,296 03

$573,296 03

500,061 08

$543,061 08

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