Show MEMORIAL TO CONGRESS ia i i tu the cit cli president of the tha united states StAch 1 the sanate senate and hoube house of of the united states in congress assembled having mead read the memorial of the members of the tiie legal profession residing in utah territory il addressed to tor the congress of the uni ted states and knowing the ther same to be in many respects untruthful and unjust wronging a alike like I 1 the legislature of the territory and its citizens we respectfully beg leave to 6 point out some of at its manifold errors and misrepresentations and liui ilis aily suggest to the president to your sour honorable bodies to the honorable gentlemen who signed the tile memorial and to the public why is that the condition of atall is exceptional from that of all tories I 1 as stat stated edby by the memoria lists and if possible trace ti ie I 1 murce from which the evils flo f I 1 OW tao the statement and memorial to Ni which bich wo we have referred were not prepared prep an d as the language would se indicate by the members of of utah but only by bar a them many of those there who signed it never having read or fily fuhs known thu nature natum of the s and a large portion Oll of tile vi baP W being wholly Igno ignorant milt of its v e abw that there are imperfections and 0 O ili in the tilo laws of U Utah tali tail Territory tory is undoubtedly true tram trem ild lid alid iid we know of no code or ma ff 11 aich the same ime thin tiling with mith equal candor candon and truth be alleged a fact undoubtedly proved by the amendments and now laws that crowd crow ailko alike the tho statutes of nhai hial state and general government That there aro are greater omissions imperfections I 1 in tho the laws law or 0 utah than in those thoc of or other territories or that they have Decu occurred I 1 through gli any ally design or want of attention vii on the part of tile the legislature of utah as stated by tho the me moria morla lists is certainly untrue and wo we most confidently confide and respectfully submit the statutes statute ito sto to invests invest kati gati ole olp 1 1 kic vic finst first complain compla i of iong long continued and hitherto unchecked ked of legislative power 1 allow us to inquire with haf hat justice justic this complaint bo madey hlade tho the governor got goi arnor of this thE territory appolit appointed ted by tho the president of the united states possesses ses extraordinary nary powers which have beell been unknown to any other the united states except new INT nhi mexico exico since the time of george georgo III ili he hexham has the absolute veto power his ills powers in ili legislation are coextensive and coequal with that of tho the legislature itself savo save that lie cannot originate an all act every law that if ia 1 macd a 0 d fo for r the people is enacted by and in the tho tl 1 c name governor and mu must s t receive his sanction and signature before itla 10 valid ilor for any burp purpose or enrolled among tho the statutes sed section two organic a ek af pf tile tilo territory ri all the tho laws pa passed td by the legislature must bust receive receive tilo the n ap of congress congress can at any time annul and dI disapprove approve any law or municipal charter to a co common ninion mind unacquainted with the legerdemain of memorials this would seem a sufficient check cheek on the legislature the memoria lists het yet forth first from the be ginning beginning tile legislature of utah has been inimical and subversive of the federal authority within the territory second that the tho territorial territorial legislature has resorted to every device short of open opan rebellion to deprive Governor the and judges judgen appointed by and representing the tile general government of all power within the tile territory to sustain these propositions and as proof of these those wholesale asser asber they refer to the tile statutes of 1855 1853 page 29 0 9 laws of utah ris wis this statute it is claimed a at t tempts to deprive the federal courts of their authority and the tile memo realists ria lists add it is too plain for argument on examination 0 of the statutes referred r e to we e find laws of 1855 page 29 9 section 1 that the tile district courts shall ball exercise original jurisdiction both iru irk and criminal cases when not otherwise provided for by law they shall also have a general supervision pervasion per vision vidon over all inferior courts to prevent and correct abuses 11 section twenty nine probate courts cour t s have power to exercise original orli I 1 jurisdiction both civil and criminal crl cri ml nal nai and as is well at chancery as at a t common law when not prohibited by legislative enactments and they tiley shall be governed in ali all il respects by the same rules and regulations ions as regards practice as aa tile the district courts section thirty of the mine same act pro rnO PROVIDES VIDES vibes falt eor FOK APPEALS FROM zia ala DECREES OR DECISIONS OF THE PROBATE COURT TO TILE THE DISTRICT COURT the memoria lists claim liese ilese sections seek to deprive the district courts of some of the powers delegated to them by the orga organic nic nie act and to confer the jurisdiction on the probate court A more fair and correct construe tion of even ever thee tileo would show that eliat it was wa only tho tile intent of th the legislature to confer upon tho probate courts concurrent jurisdiction with the d district S triet courts in ili civil elvil and criminal matters mattera of tile tilo territory but if there is any doubt in regard to tile the construction of these this tills doubt douht is set at rest and made ottoo too plain for argument tyty by the first section of chapter four page provides provi desall desail ali ail all courts of the tile territory shall shail have common law jaw and equity jurisdiction 0 u that lid iid that tile the legislature re did not intend to take takeaway jakeaway away any of the powers of the tile district coutt court is further proved and illustrated bytho bythe by tile tilo fact that they provided foran appeal in i u all cases to to the district court seo see sections sectional one and thirty of tilo tile laws of 1855 pages 29 09 and aud audgo W under these see ec tlona tiona the tile power of oatlie the tho district court over inferior courts ii Is alicio L absolute it is tida plain in froni from tile the examination of these ese eso that the tile legislature dla dia not intend to deprive the district court of orant any of its jurisdiction but that it did by by direct legislation confer upon it a jurisdiction in criminal cases in territorial matters which in the opinion of many eminent lawyers laik it did not pos possess ess by virtue of oatlie tho the provisions f ons of tile the organic act when we add adi that no attorney or court has bas ever sought in any way to fiu flu question estion the tile jurisdiction of the district ditri ct court the enormity of oatlie tho on the part of tho the memoria lista in ili charging the legis Legli legislature lature with treasonable intentions can car be fully appreciated touching the complaint of or the i that the legislature haa hag conferred con common linon law chin chip cory eory and criminal jurisdiction U upon on the probate court wo wish to ail Bil submit bulit built tile tilo following apropo first IM llad the legislature ure under tho the organic or unie anle act a night right to confer this jurisdiction upon a probate court second if they had the right to confer tile the jurisdiction was it wise and proper legislation in c support of the amima tive tivo of tile the first proposition we would submit that the source of legislative leg 1 isia isla tive executive and judicial authority in the territories is ili in congress and congress to enable the people of this territory to have ve full krotec i tion of life and property lias hag given to them a constitution or cli cil charter arter through the organic act by which the people are empowered to legislate upon nil all rightful subjects consistent with the constitution of the united states and said organic act ivo vvo we ive think that the right of the legislature gisla gi slature turp to determine tion ortho of tho the probate courts court is 61 clearly parly given by the organic act acty ird ind as the question has been much discussed we will admit for forthe tile sake of the argument that the tile organic act is not clear oil on this subject under these circumstances it is a rule of construction known to every lawyer lawser that the intention of the legislature passing law is to be ascertained and must govern in construing the law to determine codetermine the intention of congress it is pertinent to inquire for what purpose does the tiie constitution of the united states confer upon congress congre As the light right to pr provide ovIdea a gov eminent erni nent neut for the territories was it because the government was to derive any profit clearly not as the tile government of the territories ri Is an expense and not a source of revenue to tile tiie general government it could not bedfor be for nor the sake mke of governing or in other words for tile the glory thereof beof it was not because the government wished to del dei deprive irive tile tiie citizens of self seif gov ok ern ment it was undoubtedly for the purpose of guarding 7 the rights of its citizens and to aid and assist them in establishing 0 a government of their own the district judges were not sent to utah f for fon or the purpose of depriving its citizens of auy or privilege diio vI Io but forthe for the purpose of or aiding in in securing tilo those o rights and privileges and administering the tim laws laws both of congress and of gla gia lature until the tilo territory ry should ire lye lie able to establish 1611 ihil court courts of its own osvil iii in the language of chief justice cl chae cl clinton ili ton vy eangel brecht the tho theory upon which tim th various gover ninen ti for foil portions of or the territory of tile united states have been ever been that of leaving le eving tving to the tho nt all the powers of self helf government conoit supervision of national authority and with certain fundamental principles ea eti by congress congi ess tle the tie tio legislature has lias given the tile L supremacy to the tho and supreme courts presided pie sided ded dod over by judges appointed by federal authority and alid has liae also aku iliade made it their duty 10 lo to report to the legislature all om iss irs lons ions discrepancies or other evident eions which fall under their observation from time to ame section 1 lj judiciary act of or 1805 1803 page 29 the several territories have taken upon tho expense of courts in ili territorial business according to their thein respective abilities by proper legislation all of them establishing local tribunals all or nearly all alt of them have conferred jurisdiction upon the tile probate lobate courts the tiie statutes of or colorado provide do aee oeo pago bertion 27 ahat cv b t the 1 probate court of the said several courtl counties shau shah havie concurrent rent jurisdiction with the strict ili ourt court in all civil case ca ei at law and in equity where the debt borsum or sum demanded shall not exceed 2009 2099 the organic met act of colorado ter ia S precisely bifilar to our olvil in in the tile matter of the authority conferred upon the tile territorial rit orial legislature Led slature like liko statutes under andor annular org organic arlic atile a acts acta have I 1 been passed iov loy lyall nil all the tile territories rietz sinco since the of the gavern ment and although congress has bas possessed the absolute authority to annul all territorial lawit lias ilas never nevor manifested any disposition to interfere v gitil etli tiia Z of this thi clasa and out outside ade of this thid terri serri territory they have rarely been beon questioned by bench belich or bar Is I 1 I 1 not under these circum stances fair to tripp that it ift was the intention iu of congre congress i ss to give to the legislatures the right to egis agib legis late oil on this subject and that it has lias al approved proved of such legislation such hueh S indeed is the language of chief justice chase in in the opinion above referred to it will not he be disputed that if the tile legislature of the territory could extend the tile jurisdiction of the tile probate court to the amount of S 1 woe wor that it may extend it to 10 or give it unlimited jurisdiction diction principled are not ot affected b by amounts ts and the r ight right of tho the legislature legislature havin having been established it may hilay conner confer such zeh juristic juris dic i tjan tio n aa ns in ill its judgment seems noces sary SW nor for the best interests of tiie tile people congress in defining denn ning the pow poy ers era of the tilo j justices ustle els courts section nine of the tile organic act lias has limited their jurisdiction to crothe sum demanded does doea not exceed 00 and prohibited them froni any jurisdiction where whore the title or land is in dispute in tile the same connection and alid in the same section I 1 ift itt t provides that the jurisdiction of th the ID pra probate court shall bo be as limited b by law this section shows 2 that at tile tiie mind of cou con congress was especially couill y dire directed acted to the jurisdiction of af the different courts and the fact that it limited the tilo legislature in their power to confer jurisdiction j on the tho justices courts and aid did not limit limitt itt the e power of conferring jurisdiction oil on the probate count court I 1 shows shaws conclusively that they tiley did not intend so to limit it the act says the jurisdiction of the probate cour court hall shall bems bows be as limit d V by law 15 what law aa limited by by afie the idis law of congress ryo lyo no iro thero there is no law jaw of congress on til that 11 at 8 subject u bleat by the tile law of vermont 0 or r massachusetts blo sto betit but nut it undoubtedly intended that the law determining the jurisdiction of the tile court should be passed by b the territorial legislature it is contended that teo tee tho the iiamae naine narue probate courtr courty of or wk itself if limits and defines it duties aud and jurisdiction if the term probate court is so 0 o weli well understood why is it necessary for this bis territory or any other state or territory to pas pass jaws regulating and dealu denning lill the tile powers of cucut court all AH th that it would be necessary for the tile le legislature q is to do would bo be simply to provider provi defor for tile the election of a judge and the tile court springs into futo existence atall at all ail points exactly act IV cap CJ capa dapa alie alfe a ajie t I 1 i its terms regularly larj appointed pointed al and fully prepared to administer upon the estate ortho of the tho deceased decea docca se d if the lle lie terin term probate c ourt court never had any sueh such narrow vanee vance under any code of laws in tile the united states ki no such court as the tile probate court is known to tho the common law jaw if it has always been a creature of statute wi with alth such authority aa as the lemi Leei legislature slature of its ita respective locality las has seen fit to confer apoi it plo probate Pio bate court in ili illinois means a court that jias lias julis oin all criminal hiatte mattera rs below beloi the grade jrade of felony and in civil eini matters to the tile extent of and the partition and saie bale of real estate probate court in colorado territory means a court that lias has jurisdiction in criminal in mattens matters and a common diction di 1 tion where the tho amount anio anlo lint tint does not exceed two tio collais awo 1 probate Pro irro batu balu court hi in nevada cevada means eau a district court that lias has ean unlimited |