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Show i tammi states and cannot without violence to ize a grand jury of any other number XflE REYNOLDS the rules of the construction be made The grand jury which found the in CASE. to apply to territories of the United dictment in the case before us, hav- Stat. s. For similar reasons no act of been composed ot twenty-thre- e Opinio" of the Supremo Cjngress respecting juries iu United log mewbers insted of fifteen, was not Court. States courts, enacted subsequent to such a grand jury as tha law requires, of Utah the dd of 1789. could be made to and by not being properly constituIn the Supreme Court apply to the territorial courts, unless ted, iis actiou became vitiated. Territory, June term, loto. There ere some minor points in by some express provision to that 5V United States"! effect. It is not shown, nor do we the ease which perhaps we should Opinion of the believe that it is claimed, that any notice. One of the parties appearvs. Court. such provision exists. ing as grand jury stated, upon his George Ueyoold. J The Appellant. position of the supreme court voir dir, in answer to a question by A.rmral from the Third District of the United States, so broadly laid the prosecution, that he had consci Court,' tt'renmn, Justice, delivered dawn, as before stated is, as' we con entious scruples against indicting per ceive, well supported by the reason- sons lor violation ot the law ot the the opinion of the court. United States of 18C2 against polyTKc .ippell iHt was convicted of a ing of the same court in tho subseOn that ground he was dial- violation of the statute of the United quent case of Ilornbuekle vs. Toombs gamy. l i sus lengeu ior cause, me thauon-rStates of lSl'tt ngaitist polygamy. (18 Wall). When of tained the act and termed as the part'- discharged aid error (he Congress The appellant .ism-juthe -- Poland JJiil" was passed, the not sworn upon the grand jury. him offered evidence of by rejection territorial jury laws and the United This action of th'j court iu excludiug to show that plural or polygamous States his was religion. jury laws were the same as this party from the jury, is ussigced part of niarrwgo wheu decisions of the supreme as error. the This objection of the appellant, is, A person who upon his conscience as we conceive, based upon neither court of the United States were renWft dered. could iu cannot not find indictm:iits uuder a and the therefore nor therefore, law, reason, justice face would the of of not make a good juryman the notice. law, further without dismiss it opiuion highest to tribunal the nation of enforce to the the laws. And if all memThe principal difficulties in the contrary, consti-luti'isay tnat at the. passage ot the act if bers era majority of a grand jury had eisc arise in reference to the of the jjrand jury which fouud CoDgress referred to, tho general like scruples, that ancient aud venerthe indictment upon which this con- jury laws ot thy United btates were able body would not only become The most import- applicable to territorial 3ouits. 'ih.- useless, but also an absoluto hinviction was had. ant of thes? objections to the grand questiou then arises, did this act of drance to the enforcement of the law, It cer- A party having these conscientious jury was that which had reference to Congress change the rule? the rule so far as the scruples would, if sworn upon the to a number constitute the tainly changed necessary two inconsistent. acts are J It cauuot grand jury, have to commit mora) ins indictment legal grand jury. be said that that act, however, fixet perjury. He. upon oath, admits that was found by a grand jury consisting of twenty three men. Ine appellant the number necessary to constitute a his conscience forbids his aiding in It tho number drawn the enforcement of a specific law, yet iesigus tins for error, and claims that grand jury. the rler of the judge fixes the as a grand juryman he swears to go filken was t' e proper number to upon umnber, then it likewise fixes the counter thereto, and enforce the law. jtistit.lc that body. The act of Congress entitled an number of the petit jury. The lan Such a party would bo wholly irm.m "Act iu relation, to courts and judicgaige is alike iu lespect f both. If peteot to sit upon a petit jury. And in ofiicurs the Territory of tlii construction bo correct, a grand the same ground would exclude him ial Utah," appioved January 23d, 1874, jury of thirty or any other number, from the graud jury. (Wharton's which is commonly styled the less than two hundred, could be a Am. Crini. L. sec. 4GJ, Burr's trial, Poland bill," pro rides (iu sec- legal grand jury in this territory. sec. Jo. ) We think there was no error in tion 4) for the making once a year Could Cungre&s ever have intcuded of a jury list of twj hundred names, any such thiug? It is but reason abb the exclusion of this man frou the from which the grand and petit juries to suppose that if Ccngress had in jury. for the district court shall be drawn; tended to have fixed the uumber, it It ii claimed that the drawing and itid it requires that when a grand or would have said so, and not left it to summoning of some of the grand ju The purpose rors after the beginning ot the term vague supposition. tirrn, the juge of the district court evidently was to allow the judge to was error. Si) far as the drawing and shall fiive public notice thereof, fix the number necessary to be drawn, summoning cf jurors after the num and shall preside at the drawing; out ot which to make the jury, the ber of fifteen had been obtained, it and that the clerk shall put the two jury to be of the number as then es was error, but so long ns that number hundred names or. separate tlips of tablished by law. was not exceeded on the jury tbeie was no error. If from any. c:iuse the and is claimed that in the them United if It a covered place paper box and be law not applicable, jurors summoned prior to the term thoroughly mix and mingle' States jury them, and that thereupon the United ncr the number of tho jury be al- do not appear, the court is authorized States Marshal shall draw from the lowed to be fixed under the "Poland under the act referred to, to have fcbox such number of names as may bill," yet that the act went far such additional number summoned have previously beeu directed by said enough to repeal the territorial law as the court may deem necessary to judge," the grand jury to be drawn in respect to the number ot the complete tho panel. If, those thus first; that a venire shall issue and the grand jury and allowed the commou drawn do not appear, the court is not persons whoso navies are thus drawn law to rise up to control the matter. compelled to delay indefinitely, but shall be duly summoned before the This position, of course, can only be can order the drawing of a still fur term of court; and that the "jurwrs maintained npon the grouud that the ther number, if necessary, to como drawn and summoned shall constitre Deal is by implication merely; such plete the panel. ute the regular grand and petit repeals are not favored and will not It is likewise asserted that one of for the juries the term for all cases." It be declared to exist except iu case of jurors did not pay taxes. He had as under this act that the grand inconsistent or incompatible enact- taxable property, however, aad was jury hith found the indictment was ments. We are unable to perceive ready to pay taxes If he was not asprocured. any inconsistency or incompatibility sessed, and not thus allowed to pay Let us, then, first consider how between the territorial statute fixing taxes, it was not his fault, and he the law stod at the box passage of that the number of the grand jury and this cannot be excluded from the jury Mt. In the well known case of Clin act of congress. The territorial statute for failing to pay taxes. ton vs. All of the objections respecting the Engelbreeht (13 Wallace) the seems rather to fill and supply a Supreme Court of the United States, place not covered by the act of conconstitution of the jury were raised A law which declares the by the appellant in pleas iu abatejfter referring to the power of the gress. WRiblature as extending to rightful number necessary to constitute a ment. The judgment of the court below is objects of legislation, say, "The grand jury is not inconsistent with a method of procuring jurors, for the law which merely tells us how to get reversed, and the cause remanded to of cases is Jnal a right-u- l the number of jurors out of which to the court below, with instructions to subject of legislation and the compose the jury. The laws are en- set the verdict aside aud quash the ho!e matter of selecting, empanel-- g tirely reconcilable aod(cousistent, and indictment. and Lowe, C. J , concurs. summoning juries is left to it is the duty ot the court to declare we tentorial Emerson, J. The only doubt in legislature;" and fur-e- r that both of them shall staid. that "the action of the legisla So far as the act of congress goes my mind in connection with this case tes of all the territories has been in it becomes exclusive as to all that it was in reference to the constitution of wnformity with this construction;" properly embraces, and if congress is the grand jury, but upon a more critJjd still f urther, in another part of to be considered as Laving in this ical examination of the subject I very pinion, "that the whole subiect act legislated upon the number of cheerfully concur in the result aralter of jurors in the territories is the grand jury, then, of course, the rived at. S. L. Herald. milted t0 territorial regulation." territorial legislature is precluded egeneral jury laws of the United from doing so. If that act superMes are not by express words cedes the territorial law now on the "We applicable to territorial The cheekiest performance on the courts, statute book as to the number of the a if they are to be considered as jury, it would likewise exclude any part of a tramp yet beard of is rePPacable thereto, it can the future so be subject ported from Hartford, where three of legislation apon ouly JPjn the theory that these territorial by the territorial legislature. 13 ut that fraternity called at a house, the l"ct courts are United States the Supreme court of the United Iu the case of Clinton X l tt. States say that full authority con- other day, armed with a raw shad, glebrecht referred te, Chief Jas-- T cerning this matter was given to the which they said they had just caught, thase' speaking cf such a territorial legislature by the "Organ- and begged leave to cook it over the ry and of the action of the ic act." We caanot say, therefore, kitchen fire. The lady of tho house, court in selecting that this positive authority giveu by to encourage their unusual inth United States jury the 'Orranic act' as negative by glad in are of the opinion implication, when the act of congress dustry catching the fish, let them court erred both in it the U3e fire, after which they made a does not embrace tna point. in its action;" and in construcUnder all proper rules of hearty mal and departed. When speak- tion,' therefore, we are forced to the the lady. .was, about to prepare her u shad she conclisiou that we must resort to the ow0 dinner, and went cool place, ah 'u regard to the selec territorial statute to ascertain what is had laid away io ftf Y ha7e the no rand found not it for a tramps had stolen reference w hat- - tha proper number ,rs jury. v a were That statute declaresuftelu tolw the it, and without suspicion she had u.h rc&renco to the proper number aud docs Dot aathor- - let thcaa cook l: before her awn eyes POLY-GAM- Y I in . iti s n - . terri-distri- ct ZlTi the-.Tr- ad fr j e A Narrow Escape. SOMETHING YOET A man and his wife, seeking to break themselves of a habit of fretting and scolding, entered into an agreement of mis nature; the one, whe first'lost temper with tho other gl'EED OUGHT to KNOW or with tho children, was to be published by the other as a "scold." The medium through which this humiliating intelligence was to be communicated to the world was not d specified in the contract, but the understood that it was to be through the lirunswicker. The wife nearly bit the end of her tongue off in the first day's trial, snapping up the harsh words which tried to escape her lips. But both were dismally peaceful until tho afternoon of the second day, when the husband flew into a pavsiou dimply because one of tho children polished his stocking foot with a blacking brush while he was taking his usual up. At the first burst of anger his wile quickly arose asd put on her bouuet. "Where are you going?" he inquired suspiciously. "To publish you," she replied. ''Oh, well, go ahead: the boys at at the office wont give me much of a blast." "But I.m not going to the printing office." Where then?" he asked in surprise. ' To the sewing society." That brought him to terms, and long and earuotlj he Legged her not to unkhis weakness kuown throughout the length and breadth of the land. Finally, in consideration of a new f ilk dress, by him to be delivered she agreed to let him off. But it was a narrow escape. Brunswicker. lius-bau- IN MYl'O I1UVB SKS-IO- THEFOLLOWING claiuiml and liiglipst rwip.mil-- , N ituifetU which if 0t nwity wlllb(oMto ib blotter; at tb untrlct stray fxtiuJ. CVfbt Co, on t'rlily, Juim Ikift. Out yftwrliDir lieifor, tlirwi who Irwti in tlie foreliiwl, whit uu!r belly, un.if riot In rigl t ar, tip uf Itl't cut t ff; bratiiUil 11 M n left Me. One light rrd row, tix yea' i.M, who miner be It, cr p off each Mr; branded T T on left ile, On dark red ycapliui: ttr In fareh-ad- . head aud neck brown, wait Iu fl ink aud uudr telly. Iwu fUkall wliiU K)U luick of the rlnbt houlder and oim Lark ot left. Two bole In right ear; uuderbit fn left. One light red yearling heifer, white belly, rM.u tnil. small rope nronud the neck. Hi Clark or brand. ALTIS CIWCKKTT. aku HI Ua 2h ra aur. JIGHT JTJNNlSfl. Coupled with immense power and tiurn-bili- tj SewThe only straight-ncei- ! ing Maebine which combines the great essentultt. Observation and pr notice have demonstrated the fact, a good eewing tun be dose on all machines. Then the enquiry arises; Which Machine runs the lightest? IV Kill). WLioh Machine tews the fastest? tnt first-clia- TIIK Which Machine Tin: weed. las the handiest THE WEED. Querj Can you few, uviceni'ully, with No. 8 cotton? Yes! OX THE WtEl). Saturday being (ho day which from the outlying towns to Ogden City, I shall make it a point to bm found in my office always on Saturdays. N. It. culls in my Omen AND 81IJW KOOJI ON 8 T 11 E 31 A. 1 3f 1 2 Oj p. to the Old Tithing Yard. J. A. P. PERKING, lite Agent S. CHJ AI. Cumpttvy , DEN CITY. sWIOw Wcg!- -i Disacd A Gem worth W3rth Eesiaj! EYESIJPTTn ' 4T" SAVE YOUR Kastora vonr JsiFhtl IDH0f AWAY 1 IX yow SPECTACLES, oar Illu- Ily readlns tinted IM1YSIOLOOY AND ANATOMY of the TellsKYEXIUI1T, to liow 'cT, 1 1 Jt r! 3ffl Ur Restore Impairctl Vision and Overworked sVyea i H Eyes, astd all otHer ilia Byes. taietof WAS TK DAa Xcar-Kljthte- HO MORS itOTfKT BTA DfUSTlTtQ SV'OK QIASRH VS YOUR HOSB ASD VI t'IGURl ESTKAYMTIJE. AND of 100 V0 YOUR PACK. Pamphlet Mailed Free. Scad reiuraddreM pajres us to also. AgentsWanteS, VeU or Ladles. $3 to $10 a sy rnArsnteed,' 'ail partlrolaxs sent free. Write ImmedhUetft DR. J. BALL & CO., (p. Box m.v 81 Libartj Et, Ktv lark City, 1. 1, ' a la ' 7-- LOGAN " 2-- BRANCH, uW Lo;iin, June Poundkeeper. Offer U the public a full end eorcpleU Mionment of t48 lit. 1 3, 1 875. ESTRAY NOTICE. IN STAPLE & FANCY MY POSSESSION TIIK THAVK animal, which if not claimed and taken away within ten days from date, will he sold to the hiRhest responsible bidder at ths District Stra? Punud. Ogdrn City, Weber Coanty, Saturday June 2uih 1M6, t 2 o'clock p.m. One bay pony mare, 6 years old; brauded J If on left bin. W.N.FIPK, . Ogden, Jane District Puuud Keeper., dJ3Mt eta i 17th 1874. NOTICE! (ME TO MY ENCLOSURE ON OR ABOUT first of December last, one red anil white spotted fix year eld cow, without any visible marks or braud. The owner will please prove property, pay charges and taks her away. KDMUND KLL8WOKTH. H7-3- t MERCHANDISE ! Consisting nf DRY GOODS, 8TOVE8 TINWARE, JiOTIOXS, HATS k CAP, i GLASSWARE, BOOTS A 8HOS, ' CROCKERYf PATENT UEDIC1KJW GROCERIES, HARDWARE, ETC., ETC. Also full line Gents' Cloihln r OojV OBSTACLES TO MARRIAGE. IUPPY BELIEF FOR YOUNO MEN FROM the effects of firrors and Abuses in early life. Manhood Kestored. ImpeUiiiwnU to Marriage removed. New method of treatment. New aud remarkable remedies. 1'foks aud Circular Isent free, in settled envelopes. Address, HOWARD ASSOCIATION. No. 41U North Ninth SU Phiadel-piiiPs, au Institution hnving a hlvh repuuUon lor honorable condnet aud professional skill. a, 37 X WOOD'S Reapers other Ani Mowers, farming Implements. am. White water and Stadebaker WAGONS. PTLVAND3 COf.LETT, ATKV ALL OTHERS WHOM T MAY CONCKRNi That we, the undersigned, claim ONE-HAINTEKKST in the COAL MINKS at Twin Creeks, Bear River Vallev, Wyoming Territory, by virtue of discovery right and labor performed thereon, which right will be maintained in the proper coorU. All Persons sro hereby notified not to purchase said mining property, as no legal title can bo given wlthont the uwaept and signatures of Alo Winchester C ' , Democruk Light Spring Wagon, AT COST HARNESS AXD I TBIBML6St i LEATHER JOIIN COZZENS, DUDLJEY C. MERRILL. s41-a- CIIAMPIOX L EXCEE8IOU -- NOTICE. ma Great reduclion la Trioi of n , AND THE EXCELSIOR WOOLEN v HILLS In this city commenced work June 14. again on --MonJay, i i - Cloth Exchanged for W5ol :!tt Front, fnrtuto clean per paid for yovd poundwort. wasfwd From ticeuti-neve- n to thirty for umvanhtd All Kind of Produce foncartU ed to any point at the Shortest Jiotlct .U erders recvit j fortu-tlvecti- d3U43-tt- , bl tf eiit to M. Tsa'chT prompt atteaueii., ,E wiH t B, Clawson, |