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Show AK'JUM KNT UK HON. THOMAS FITCH, A'ilr'44eil fit Iho lloiiir Juttlvlnry 4'omtiiUti'i' In l(-l.v to tlio Mi' imiriitl ol Ihv Null l.-tko 1lnr, mid in Opposition lo Houk- Hill ;i7l. IVl-mury 10. IH7;t. Mr. 'hairnian and Ocnffrtnea of the, ('inimiltn; tut. the J itdic.it try ' the. United StittcH Ilounc uf u treat lUttf.it'cx. Twenty-six nii'iiilici'M of thu Suit r;iko City luir luivu nu'iuoriiit.i'il ( 'empress, Hiking fur U'tfiMliition willi iVHpecl to l ' lali, iiiul t ho miMll-oriul miMll-oriul with fi liill I'iiHi'd thereon hit I ii en presented lo the 1 1 ohm. of tii iri si'iiliil ives liy tho Hon. Kntli-uol Kntli-uol Morrill., win-. represents thy Territory of Idiiho there, but who 1 1 : i m removed his residence ami his low oIVht lo Sail l-nke City. Uv permission of yuiir iiononihle rominillee, I propn.-i) to eimlrovtM't I lie nl It jiil ions ami conclusions of I he memorialists, and to oiler an argument ar-gument against 1 1 it- legislation proposed. pro-posed. I cuii li 1 1 it no word of censure cen-sure for Iho mo in hers of tho Suit I ,:tko Inn w host! siimtutcs nre allixod to tho memorial. They lire lawyers in aclive pnicltcc, before a court which has assumed ami exercises exer-cises ffivut )iowei-s, and which is iresiieil over by ajiul.ure of a peeuli-ai' peeuli-ai' d is i. sil i, m. Thejude nft hat, court the lion. James It. MeKenn, is not uukniiwii to (ho mi'tnbeix of your i nniiuittee. lie passed a hirije portion por-tion of the last se.ion of Congress in Washing! on, uixinj; upon you more (ban once his views of the ?-it nut lint in I'tali, and soliciting Iho pasaixo of a bill similar to the one now under consideration. Whatever eKo is disputed, I pre-miiiiii pre-miiiiii it will not ho denied that Judge MeKean is entirely in earnest ear-nest in his pur inse to bring about a social, polilical, and theological rw-coust rw-coust met Ion of I'lali. J I is mot ives I will not attack, his purpose I will not here condemn, his plan T will not now assault; hut L wish to impress im-press upon, the commit too tho ul-vious ul-vious fact that ho is thoroughly possessed with his purpose and Ins plan, and I do not need in tho light of recent events I am sure that I do not need to fall attention atten-tion lo tho eiiially obvious fact, that t lie en I ire business of his coin t, all his judicial functions, and all his personal and judicial inlluonce are subordinated to his purpose, to solve the Mormon problem. " When this fact is once thoroughly understood, it will not tie dillicult to comprehend why the members mem-bers of the Salt Lake bar have allixed their signatures to this memorial, it is true that soino of them have practised for years it hout inconvenience to their clients or themselves under the system of laws they now visit with -weeping condemnation. It is also al-so true that one of tho laws denounced de-nounced the statute of limitations of Kohruai-y in, 1S7 wis drafted and successfully urged upon tho judiciary ju-diciary committee of tho Territorial Council by ouo of the signers of the memorial. Hut the members of this committee can understand how very dillicult and embarrassing embarrass-ing it is for a lawyer to refuse the ivque-it, either express or implied, of a j ml go before whom he practices, upon w hose favor ho is more or less dependent, and tho reputation of whoso ill-will would ho most damaging to his busiiiosssuccoss. With those preliminary observations, observa-tions, I will pass at once to the consideration con-sideration of this memorial. It is averted- "K,,,f. Tlut from llic vevv N-irinnlnir th.- U'..-:-!;!!!,., f l't;,i twis lvi'11 mini lval 1 1) .iii'l -Mihwi-.; i' of tlK' iV'k'ral UUttu'rily vv.lh Hi,- IVi-v.h.rv. Th.it !lk Tci-i-itovial legislature h:l- i.'rUiI lo i- fry liv.vicc short of oyvll vvlM'Ui,.i to il, -ji rue tho ,in,iVi.'rtl.u- uiul nnU-i-s ,ini"iiiti'.l by ami n-iui-sciitiiiir tlie l'i .l.-i-.i! CmTiliui'iit of nil ivwvi- anJ ,Uithorir' wuhni Hie Ti-rriloiy." I'o sustain these propositions, re-I'etvnce re-I'etvnce is made to an act of the IVrritorial lei.-Iatuiti, i-iititU-d An act in reunion to the Judiciary," Judici-ary," passed January 111, ls-Vi, page J't of the ConeraMaws of I'tali, and in d'-scribing this act and its aile-X'd ellect the lueiuoralisl.s siy: "Tli - u. 't bv :t-i ' rt ii otion irives to tlie .i-U:. ? oHi-t-. on-!-" by Klor.il . -j. i-:-i t, mi, li .iui-.-hv-t'oii in t-iMl an, . n.u i',w mi j ; imt otlii'ni w iy- fii 'by' ii-..n .'i.'Ul bV'thoM'tc "i th,-. l , ntm-Mi v-:,mnv, shall -have l" " oi-i-MUi ;uriict:"ll. fcoll, i : .ni.l .Timm V. ar.-l v. !l- tn oh uioorv c':Jr"'',: 'im',,"1'''" ""t 1'",tlll'lU'11 .IM. th.n r.Mv. to alt.-.U't t)u ';!i:n:' -i.r -iA-:..n fn-m H. olli-r.. lid-o;i.. lid-o;i.. .el . . In the K.i, r;U auth-M-tv. u-t r-.i---t.-i- it from the tribunal ohaiv-V ohaiv-V 1 " ,! '; ;' "--.i::.e act toth.-o ,.f eh.o .k U--, ,.1 r,.iin for uivc.tiieiit." An all -utli. ient an-wer to this allcgaii.r-i ,.ftbo memorialists will be loimd by reierriug to seetion (in-i j -: an a.-t of Uk- Ciai, K-gilatua-. :n.j.n.ve'l febfuarv 1 "t h. 1 ;i). 011- l siied An act lo regulate prooevd. iogs in e:il uws in tho courts of justice of t Ins territory, and lo repeal re-peal ceil.un ads and arts of acts,' uue i:i of Laws of I'tah. 170; for thetv tlie obn.-x.ious ecti"ii of tho , law of I--.-, iv ied to bv the mem-orialist mem-orialist is n,.,;n(. Hut since tiie memorialists assort that " I pr-T- " ,- :. ' ': U ;he nenil s5-te-i o! . ,::--ii :.i lull L.-.s Iv'ii suS icrsiiv ..f t::o n i;!;..ri:v of t!- iKt.U i-o-.cr.:::;:: .s ,. ,-.-u-vl bT the Ucl of Vx I-. rriv.i;. L" I orirposL' t exaniine the law of 'vVi :js if it .rT sail inexisUTico. The inenioriaiisis! say that "This act (ttli1 ;U't ef K p:ie T.:iws ' 1 1 I '.ihi pruvi v-sj i.y rst isoctioii, .u ;lv .-.KtrLs of this Tcr.-.iory shnll li..vc Lw ,mi c::ity jnrisillction in c:vtl '"-s'-'s, c..,I iho tnoste of prv.vcciii3g9 shall v 'ni;i.ir;u in nl 01" said courts.' "by Hi, .u-i it will lv seen tt;:it not only .'.rv t.;,- ;to' u- ,-u;irt i.von power? whk'ti t.:e siiprcinc. rotirt of tl:c Territory has Jsa -:'.vl c-iii l conferred, '..i'v,7i ':;.( of tho jvace hive uu-LJii.Luj.;ri-a.a;u in t.Liu:y.-' Tho reply to tliw bi, that there bi not now, and never wastucli a law. Tins ip-iolatiou. w a misquotation. I ho lip,t Hcetioa of the act of !, nor any 'Alter btction of tho act of KVj, nur any other section of any law ever pa.-i.--d in Utah, (fj far a.s I havo lou able to awjertain, cou-taiiw cou-taiiw any huch language. I turn to tlie w-ction cited or pre tended to le cited by tht memoriali-sLs, heeliou one of tho act in relation to the judieinry, pulsed January h-o, page -J.U, (jieneral lawn if L'tJih, and I lind it read ax folluwn: "f.-tion t. lit it enacted by the Gov-rmtr Gov-rmtr ami L'-ji.tlatiuc Assembly of the, Te.rrtt;,-' 0 L'l'th, Tlwt Hie di-tn. t 1 -virU nliiill cri iw original jurtwlirUun injt.li In tItII and rriminal 'aaee. when not otherwise provi'Ltl l.y law. Tlii.-y uliall :i1k,u Iihvi; a iirii.rml eumel'jii over all inferior roiirtu, to prcrent mid corrwl ulnioi-B ht:ro no other rtincdy la pro- Tld.d." inii-t, Mr. Chairman, express my iLstonishmeiit that twenty-fix number "f tho I'tah bar whould, for any rea;ii, havo consented U alllx their signatures to mieli a glaring, hiicJi an alts.urd, such an unkind hiae uracy. I can only suppose I must out of respect to tho profession mippOfM! that the signers did not carefully read the memorial, mid that tho gentleman who drafted it did not havo accosn to tho law ho pretended to uuote, and so relied ii(on Iiim memory or his imagination. "Justices of tho peace havo unlimited un-limited jurisdiction in equity!" There i not a line in all tho laws of I'tah to (sustain this absurd ax-siimplioii ax-siimplioii of the memorialists. And there Is not, 1 am informed, in all the history of Utah asingle instance of an attempt on tho part of any jusl ice of the peace toa-ssume equity jurisdiction or common law jurisdiction juris-diction hi excesH of that given him by act of (JoiigroHH, as well an by tho territorial laws, viz., one hundred dollars, except hy consent and wish of litigants. lint noteonh'iit with misquoting tho Utah Htatutes, not content with the-ir attempt to creditor discredit the Utah legislatures with laws which wort never enacted, the memorialists go on to say: "When It is CTi.lainwl tli.it In addition to tlin d ill i-ii t IrMiUimlH which are nil Itiur-ized Itiur-ized liy tin: orinik ivct, sa-tion nine, or-miic or-miic act,) the leglnlahtrc Iulb organized a Voonty cuiirl, (pugo 9JtJ of tho (Jen end I, wb of Utah,) hI bo a mivyor's and aldermen's alder-men's courts, (hc'c charter of ("rent Salt bake mid other cllie8,)tho cnorinily oT thin grant to these petty courta may be apiirueiiited." Tho "county court" organized hy the Utah legislature is just such a county court as has boon organized in a thousand counties all over the United 1-itate.H. It is a county legislature; leg-islature; nothing more nor less. In : some place it is called a board of so-leclnioii; so-leclnioii; in others, a hoard of super-, super-, visors; in ol Iters, county commissioners, commis-sioners, and in others, again, a county court. It is a misapplication misapplica-tion of the term to call it a court at all, for its functions are legislative or executive, hut not Judicial. ' To assume that it is vested with judicial judi-cial powers for tho trial and determination deter-mination of cases at law or in equity, equi-ty, because it is ?iamcd a court is about as reasonable as if we wore to conclude that some of the New Kiiglaiid State legislatures are judicial ju-dicial bodies because they aro called "general courts." 1 know that in some localities the members of tho county court do sit us associate justices, anil look wise when the real judge of tho circuit pretends to consult with them on I questions of law. But oven this privilege, if it bo one, is not accorded accord-ed to tho members of county courts in Utah. Tho act of tho legislature of Utah creating these county courts, pages IS J(j, 207, General Laws of Utah, provides that "See. ;t. The nmbate Judtre, 111 connection with the M-U-elnion, almil bo known 11s the county court, and thin- are Invested with such iwwcrs ami jurlsdieUoii as 1110 or imiy bo conferred by law." Now, let us seo what powers and jurisdiction are conferred hy Jaw: "They nre empowered nnd required to niiuuiKe the county business, lake care of the county ptniwrty, audit claims, audit and set lie (he claims of oilier county olli-fei-s, HUMTinlen.t Iho llsenl alToirs of the county, difitrlel the county into road and school disl rlets, locate sites for public bulld-intfs, bulld-intfs, ovci-see tlie poor, take euro of llio Insane, In-sane, unci apiHiint all county aud precinct of-tl.-ci-s not made elective by law." (Beet ions 4, .rif li, T, 8, 11, and lit of tho act prescribing dill ics of con nly courta, ttc, pagel'Xi. tie 11-enil 11-enil Itiwa of l;tah.) Thai is all. They aro not given any judicial duties or powers whatever, what-ever, and they havo neverexereised or attempted to exercise such "pow ers. It is also asserted by tho memorialists memori-alists that "mayor's and aldermen's courts'' have boon organized, which, it is claimed, havo boon given an enormous grant of power, and reference refer-ence is made to tho charter of Great S;ilt Lako and other cities. If wo turn to the charter of Salt Uake City, pages W.i to 12IJ, General Laws of Utah, and pago 88, sixteenth six-teenth session Utah Legislature, we will find that all the reference made to mayors' and aldermens' courts, and all the powers vested in mayors' and alder mans' courts, are enumerated enumer-ated in the following sections: "The mayor and aldermen shall be conservators con-servators of ihe peace, within the limits of the city, and shall Rive bonds aud qualify us other justices of tho peace, and when so qualified shall iNwsttss the pauie power and jurisdiction both in civil and criminal cases a rising under tho laws of the Territory and may Ik.- commissioned as justices or the peace In and for said city by the Governor." (Section Vi, pajje 114, General Laws of I'tah-) "Aplionls shall bo allowed from the mayor's anil alder 1 ncu's courts of Mid city to the probate court of Great Salt Lako count v, under the same regulations and restrictions ns are or may be provided for appeals from justices of the peace lo tho probate court." U'ugc ji Laws Utah, ltitli session.) The charters of Frovo ami other cities in Utah contain similar provisions, pro-visions, and there is not a municipality munici-pality in Utah wherein greater powers pow-ers aro conferred on mayor's aud aldermen's courts thau Utiiose of a justice of the peace. And so it turns out, when we examine ex-amine the douounced statutes of Utah, that tho county courta arc not courts or given the powers of courts at all; and that the mayors' and aldermen's courts aro granted only tho same powers as justices' courts. Aud what powers have been given to justices' courts? The act of Kebruary 4, 1S31?, section 4." pane Ont-ml Laws of Utah, provides that "Justices of the peace, have jurisdiction over til! cases where the amount iu contro-vcrsy contro-vcrsy does not exceed one hundred dollars, and may irv, hear, and determine public offences where the punishment imp-isod by law does not exceed one hundred 1I1 .la rs tine, or imprisonment does not exceed six uiontlis." Sec tion l:t of the same act provides pro-vides for extending the jurisdiction of justices as arbitrators to any amount, where doth jxirth tvish and am-xnt to it: but this is repealed repeal-ed by the act of 1S70. section 507, page h-, Laws Utah, 17l. 1 refer again to the counts of this associated lawyers' indictment of tlie legislature of Utah. They say: "A n fen-nee to the reconl will establish these piip.5-.t:eiL: Fii'iu the verv becinninff the tetrtslji-ti"n tetrtslji-ti"n ef fuih tuis boon iii:mk-;il to. and u!-''i'iv u!-''i'iv "f. the Fclcral authoritv withuuhe Trrt-:t..rv. The ternrorial letrislaTiirt. has resrirt-i! resrirt-i! to every de lev short of open rel.-lnu to d.-pmetlie tl.iveruor and jmUr'-s apl-'iuteii ,v tnul representing the Federal G"vem-ni'iir G"vem-ni'iir Mf all jvwer and authority witluu the And then they say: Th.sif. .irv jrra-e charges, and now for the peoof.- And wliu is the proof? A repealed statute is dracged fRm the tomb wherein it was mumed bv the Uvislature of 1S70; it isdeuuded of the irirrueuis in which it was cl'Hhed at its decease; it is given a suit of resurreclion clothes, such as it never kuew when alive, and then paraded as a horrid Mormon rebel. There is an ancient motto, In'tt hi uno, ftc'stii in oninibm. What shall lv said of a cause which resorts re-sorts to such menus to bolster itself in your esteem'.' What shall be said of memorialists who come up to the CYmgrv-vs of tlie United States w ith a pretentions petitiou. ftceusiug the tx-ople of an entire Territop.- with bein iuimical to aud desirous of subverting the Government of the United States, ajid who, in support of the allegation.-, of their petition, refer to a law that is r--akd, and make pretended quotations trout a statute that never ex L-Led? Should an adveiiturerobtain your money bv means of a trauduh-nl eheek, I 'know what you would think of him. The- memorialists ask your otiieial representative ac-tiou'ou ac-tiou'ou the strength of a botfiis law. What opinion niu.-t you entertain of them.' The memorialists further .say: "The Iat w-elton of th1 act flr"t n-frr-"! 1 to pr-iMd'-n , ;il all'! TJ, u. riil Laws, 'that Lii.v nmiti r imolv.u luxation may ly n-r.-rroi t.. th- arbarat' 'rs or ref'-n'-el'-.-o-d liv tli L'.urt or rh- part.'s, uu'l ui-.u a h'-iiriu trfore suth tribima!- n i- r-.jinr.-d l the n..i'f-r, ai.d fi:-' it., judgment which is to li erHer-l aii'l hac Ui- Miuf r-a .:t aa :f jfiieU l'v the court. -The niit. m a h.-arunf bv a Judu lal tr.-bunal tr.-bunal W tlios d.-n:..--!, and t he nht of t rial hy jury aboli-ticd, uaicna the vuurl bee Dl lo 'The repugnance of this lea-i-'.ati'.n. not only t-J the oriMUIc a I, bill lo the -riu.-l-jjji-m of com moil ritrht , we "li bunt ha- nupiir-ull.-l in the leL-lativo hlatory of any oilier country." What' impression is sought lobe conveyed by tho foreoin lan-uat;eV lan-uat;eV What im iires-sioti is conveyed? con-veyed? Clearly, that the court is Kiveu tho power to refer a ca-e for arbitration whether the litigants desire it or not, and that tho court h (fivon the power to seleet the ar- liitratorH without consulting the wishes of litigants, f'r the niemori-alistw niemori-alistw jo on to say, and I refer again to their language: "The rlirht to a hearintr bv a Judicial tribunal tri-bunal Is thus denied, and I he riwhl i if t rial by Jury aiioiishcd, uuieso the court see tit to tfraut it." "Now Urt us refer to the law cited by tho memorialists, and we will find that hero as before, they have endeavored to make out their case by altering and misquoting the statute. (Section :io, page ill, (Jcnenil Laws of Utah, says: "Any mo Iter invidvin Wi-iiUon may be referred lo arbitrators ur referees, who may be. chosen by the parlies or selected by the court, as the parties shall elect," The wonts ''as tho arties shall elect" aro omitted from tho memorialists' memor-ialists' quotation of tho statutes. With those words in, there is nothing noth-ing unusual in tho law. It is the practice in every court iu the country coun-try to refer a case where tho' liti gants desire, it referred, and in many localities, in Now York city for instance, the parties aro not allowed al-lowed to select tho referee of rigid, but tho judge, designates him. In any event this section of the act of is-)") is repealed by chapter ti, sections 1H2 to 1N7, of tho act of IK70. (Pages 10, 50, Utah Laws, 187U.) I havo referred hem to the act of 1870. That act contains six hundred aud live sections, and ocoupiosono hundred ami seven pages . of the laws of 1S70. It is a civil practice act copied bodily bodi-ly from tho revised civil practice act of tho State of Nevadn, which was taken almostwithout nl I em-Lion em-Lion from tho California practico act, which was framed upon the basis of tho New York code. The passage of this act three years ago hy the Utah Legislature is ot itself a complete refutation of the allegation allega-tion of tho memorialists Unit the legislature of Utah "ITus purposely ncylcclcd for twenty-onc twenty-onc ycare to pass and establish a wholc-: wholc-: Borac, general system of laws necessary to 1 tho welfare of a civilized community." 1 It evidences, on the contrary, that the legislature of Utah promptly recognized the change which the railroad aim" the development of mines had wrought in the social condition of that Territory; nnd so recognizing the fact that tho people peo-ple of Utah were passing from a pastoral, isolated community to one of mixed interest and of contact with surrounding and permeating civilization, they sought to shape anil enlarge their laws to accommodate accommo-date the "hew Conditions. I recur again, Mr. Chairman, to this memorial, and this brings with it necessarily the unpleasant duty of exposing auoUier misstatement of tho statute, another case of a garbled gar-bled law, another attempt to make outaca-so hy omitting tho context. Thu memorialists say: "Rcfcroncc Is alao made to puirc 33, section sec-tion 4, of an act in relation to justices of tho peace. By this section eucli courts aro permitted to 'decide cases without process' when the amount claimed is less than $100, and by section la, same page, it is provided 'that when the amount exceeds ex-ceeds SlOO. the iiiEtice shall have the same powers as other courts of arbitration, and shall have power lo enforce his decision thereon, which decision shall 1 nn end of the controversy.1 "Such monstroiiB provisions need 110 comment for their condemnation." The law says, (section 4 of the act in relation to justices of the peace, pago as, General Laws Utah:) "When the amount claimed exceeds that 6iim, (one htintireu dollars,) but by faltered falt-ered its, may be reduced to that amount, justices may decide cases without process; pro-cess; but if it shall become necessary to enforce such decisions, they shall enter such cases so decided upon their dockets, anil proceed as iu other cases." That is to say, that the justice, will hear the ease without tho expense ex-pense to litigants of process, but il" the losing party is dissatisfied, and declines to voluntarily comply with tho decision of tho justice, then the case must proceed as if 110 hearing hear-ing had been previously had. The memorialists' quotation from section 13, viz. 'That when the amount exceeds $liH) the justice shall have the same powers ub other courts of arbitration, and shall hare power to enforce his decision thereon, whic hi decision shall be luc end of the controversy" con-troversy" 2 is complete. In the statute, section IS, pages:., General Laws lUtah, the language lan-guage quoted above is prefaced with thu following sentence: Thc Jurisdiction of justices extends to the limits of their respective counties, and within that limit it extends to all civil cases (except when the question "f title to and iKmnitariee of laud may arise) when the amount iu controversy does not exceed ex-ceed one hundred dollars, ami Off (he ii iaA nnd consent parties may bo extended to any amount; Provided" And then the laiiLrunge (quoted by the memoralists follows. Tho difference between the law aud the memorialists' statement of the law is, briefly stated, thus: Hy the law, justices can act as arbitrators to any amount, and enforce en-force their decisions, only by the wish and consent of the parties. Hy the memorialists' statement of the law. justices can act as arbi-tmtors arbi-tmtors to any amount, and enforce their decisions, without- the consent of the parties. Which makes nil the diU'cronee. I must again recall the attention of the committee to the lac L that tills law, as well as all the other: laws thus far referred to in the memorial, me-morial, is repealed bv the act of lsTU. I refer aiiaiu to the memorial, and find that tlie next point of attack is the jury system of the Territory. The memorialists say: "The Supreme Court of the t'nited States hiivin recently, in the case of t i Luton Lu-ton rs KnLiIebrccht. aflirmed the tundi'i fori-e anil validity of the pn-sent iurv law of this Territory, espeeiil attcnUod'is called to the comp'u.-iitious And burdensome provisions pro-visions of this law. Without cnttfrin; into in elaborate delail of ils o'-jivtiomiWe features, fea-tures, we will simply state that the Mor-iu"u Mor-iu"u element have the exclusive control of tlie scJ.cvti'o of jurors in oar co:irt of irncral jurisdiction, and that for the improper im-proper cxervisc of tliis c.-:itroI, for the prejudices and partialities of thccJcacTit afonsiaid acuinst other portions of the people of said Tirriiorr, there i no rcn.e-dy rcn.e-dy or redress whatever. "Furthermore, it is oar ro'.T'ctiu tint under the present srstera. carried out witli the purest motives a..d ,Cfl in ten 1 ;:!-, the machinery 1 so to s-poak 1 if the p-siem is so compii'-ated, a:J 0 d;:fi rent--irts has to 1-e worked hv to manv di-'.-rvT-.t persons, that to .itn.ain a inry panel in a:r cas-r not justly subject to'chlllcc 1 o very ditrcniL; tliai in cri-at ma:or:tv uf eases such chJ-Une coahl !v pr -pe.-Iv in- ' tcrposetl for defects oct-arrin; in s-ii-Iv ! earrj-'m; oct or attcciptta to carry iui j ttc prcmsioas of tLe Uw, 1 "And this lin so, the rizht of trial hy innr in this 'I-rrit-jry is in i-L'tt d..uii-d", mid tTiiJj.na.ls o uii'Uiii-Lid and the nht ol lh'- i:ople ujjproU.-cU.-d." The mode of otdaininu u'nmd and j H til jurors in L'tah Ls the same :i 1 thai pursued in many parts of the country. The county court of eio h ! county, at it- first se.-sion in ea. li vear. selects fifty names from the LL-ve-meiit pjII. of persus eliyilde :i jurors. The-e tiaines are written 011 slips of paper and deposited in a box, tlie huxen shaken up, and the jury panel drawn therefrom promi. ciiouidy. What theie is in thi-- plan thai is either unusual, unfair, or complicated does not appear. The memorialists do not en lighten us on l hoe (joints, tin the contrary, they "tlecline to enter into obliterate obliter-ate detail-. " It i- douhtlesn true that "the Mormon Mor-mon element have the exclusive control of the selection of jurors in our courts of general juri-dictioii." Hut inasmuch as uiiu-teuths of the persons eligible to jury duty aif Mormons, it is difficult to com-pa-hend how this evil, if it lie an evil, can ho remedied, without either converting or disfranchising dis-franchising the Mormons. 1 1 is scarcely within the scope of Congressional Con-gressional power to accomplish the lirst, and it certainly does not seem ritfht to .erpetnite the second. To select the jurors exclusively from non-Mormons, to ('online tho jury duly of the country to less than one-tenth of its citizens, would he as onerous on those included as it would ho unjust to those disfranchised. I venture the assertion that no jury list has ever hcen made out iu l'tah on which the non-Mormon element has not been accorded a larger representation re-presentation than its numbers entitled en-titled it to expect. Kven the memorialists do not assert, except by iiiuoiido, that this "'Mormon control'' has ever been improperly exercised. There is 110 complaint amouK litigants that it never has been so exercised, and one of I he signers sign-ers to the memorial, Mr.lt. N. Jiaskin, himself tho riht arm if not the brains of the anti-Mormon party of l'tah, teslilied - before tho J louse Territorial Committee of the Forty-first Forty-first Congress, "that in cases where their religion was not in issue ho never met fairer juries than the Mormon juries." It follows an u correlative proposition propo-sition that in eases where their re ligion was at issue for instance, in a trial of an indictment for polygamy poly-gamy Mormon jurors would not ho "fair;'" that is to say, their peculiar views anil prejudices would prevent a verdict of guilty. Admitting frankly frank-ly that this may heso, I ask if tho remedy proposed is nnj, worse than the disease. Here you havo a condition con-dition where nine-tenths of a com- j munity entertain views that pro- elude them from doing their duty ! as jurors in a sccial class of cases. Was not this the case in most of the Northern States with respect to the fugitive-slave law? Was not this the case in the Southern Htates with respect to the crimeof treason? If Congress declined to enact a law 1 that would have enabled Chief Justice Chase to pick out a jury that should convict Joflorsou Davis, of treason, ought it now to enact a law to enable Chief Justice MoKoan to pick out 11 jury to convict con-vict lirigham Young of polygamy? It seems to me that tlie law would he a greater oflenee against the spirit of democratic republican institutions in-stitutions than is the existence of the evil thus sought to bo reached. It were better to leave tho traitor to tho judgment of history, and the polygamist to the encircling and assailing inlhienccs of 1110110-gamic 1110110-gamic civilization. And even if it should he decided to permit juries to bo packed in order that polygamists may bo convicted, con-victed, I submit that audi an extraordinary ex-traordinary statute should not be permitted' to extend its operations one inch beyond the limits of its necessary domain. I submit that such a law should he made to apply ap-ply only to trials for polygamy, and that all the wealth, the nccumuJa-ttons, nccumuJa-ttons, tho growing industries of 140,000 people should not he thus placed within the ffrasp of a few men. who might use their power for the basest and most sordid purposes. pur-poses. The memorialists further say : "Wo submit further that In providinc for I he tilling of olliecs of ten-iloi iul iiuirshul, (J,iiwsof Utah, rajfc IK,) tcrritoi-iul ullor-noy-jfonura, (ptifrc, 38i) territorial auditor, (piere territorial treasurer, (nuire 77,) territorial setiool suj)crinteiidojit,(piii.'u 1,) territorial surveyoi--preucr;il, (pairo 77,) tor riluriiil wardens of ncninml iiu-v.l finite INi.) territorial directors of peuileiiliary, (puto !(,) territorial notaries public, (pairo H,J by the joint vole or the legislative iLssoniMy, Ls deliberate violation of the seventh seetion of the organic net, which provides Unit all siieh oMicers should be iipnoiuled hy the Governor, by and with llio advice and consent of the territorial council. " The seventh section of the organic act above referred to reads as follows fol-lows ; "Sec. 7. .'t)I lie it further enacted, That all township, district, and county ollieers, not herein otherwise provide for, shall be appointed or elected, as tho nisc may lh', in such maimer ns shall tte pi-ovided In- the Governor and legislative as-seiul.ilvof as-seiul.ilvof the Territory of Utah. The Governor Gov-ernor shall nominate, and, by and with tluj advice and consent of the legislative council, apjwiinL all ollieers not herein otherwise provided pro-vided for; and iu the Hrst Instance the Governor Gov-ernor alone mav appoint all saiil .'ollicei-s, who shall hold their ollices until the lli-at end of the lli-sit session of tlio legislative assent-bly, assent-bly, and shal. lay off the necessary disl rletf for members of the council and house of representatives, and all other ollices." The language of the organic act is not especially lucid ; hut taken together and interpreted fairly, I submit that it means that pending the ac tion of the legislature leg-islature the Governor shall appoint all public oliicers in Utah, hut that the legislature might provide by law for filling, their ollices after the lirst appointment either hy election elec-tion or appointment. The first U-g--, islative assembly did provide by Jaw for lilling those ollices "by election," elec-tion," viz., by the election of the legislative assembly. Thejirst Coventor Cov-entor of Utah, who might have vetoed ve-toed the law, approved it. It has never boon annulled or disapproved hy Congress. These ollices have under this law, and never hy dishonest dis-honest or incompetent olliceirt, and it is rather late in the day now to cite this law as an evidence that the I Tah legislature js ''inimical to Iho Federal Government' The nextcount of the indictment of the memorialists is in the following follow-ing language: "We also submit that th" act of T'cbnury I". J-7i. p rust mm the riht -f giUTi-airi- by ciiferrini. it mi an alien woman, witlioiit ei ii qnali cation of time of re-idenee. but mi the soU'ci'in lit ion thai siie tuvonn: what is tcriniil the 'wife' of a -citizeii.' without any liaiii to Die eai'aeit j- ofsueh 'eilien' fnr this novi'iiKi-." "t uatiinilizatiitn. Whru it is lTmcnibentl that most of imw wniiii'ii, liy it-J-n in iiir domestic n latioiLs which are in inl.it ii -ii of the laws of (.'impress, could not Ikh-ihiic eitl.eiw by naturalization tn the courts, the purjiw? of tins suminar pro-ess pro-ess of making IcJ-'Ul voici-s of thviu is aj- 'a rent." I am not here to defend either the doctrine of female sullratre ireti-e ireti-e rally or the Utah female-sullrage law 'specifically, but in answer to this section of the niemorhd I l.esf leave to .juoto from a -perTh of the Utah DeicLiite. Hon. V. JI. Ho-p- or. delivered in the United States llims' of i;cpreeiitativeH on the iTth of January lat. .Mr. Hooper says: -The l.-ffiflate .istviimlv of L'tah adopted adopt-ed frm.il'- si;irr.i..-e. Th" ."iitli'iiun from lout.iiu -lis 111 tins aii'Thcr m..tLsirous instance in-stance of M..t-a;..ii craft- The .M..mi"n fi.inrtthfl'T.- of power, he says, by tin-gradnal tin-gradnal elian-re of non Union, ;uid ii;.rea. i,i their vot:;:'!.iwer hv th:.- m"th... jr th'. v had ail'ii'T'-fi a for thii pai i-.ec ,-tafei bv c-ni-it w.iu!dnt N.'d-sererhl.io!.- to them. li:.t tij. -iivh the ieskitur' of Utah ar.-- far-s:-h:.-i i:;--n. m tills mtaiiee he give-' the:n t.-tta wuuh thiv do not d-rve. For the niirp, -s.- i:Te:is:ng voters, .cat piaa had ii- r -.-om.d 1. f ::-jm. -W;at are ilv f.'.-rs. sir. conn-irt.."! with th-s "i.-v.-ni.Tii.' w. - :he 1- r.-ur.w m- b.V V.h;ch (UsSed The .S'.a.e-sUtfr.O.-f l-:'A 1:.. th.u: Ii.. Y-:: ! '.- rr. C.ii- uCu- ');"nni-;YliiT- rr'l'.V'f "r-.Ui. Tut-a- rr'.--: that the i.'li:l, cf -;:cii a " ; -a-, t.ea'.iv v rA , r:.- -M r-1:: r-1:: -i: 1 -.i-' : :t:.' m,:,,' w. .'1:1:111 th'-balr.' v.:H1m. .'-A vou k;l.-ir c.p.;i l:--r the !.icr to r-,'i-::;.i.:e tii-- nrr-nsr o-l.it:' 11 1 and to en;:'.::, .im.'c liei If fp'ia lie- rbrai- j w:thi-ut feii::iLit:oi thL. ,iiijr a.s-...ru-iL- j '' wi-pi.' :i; fjoTef pa--s::;ir :b" jw n f-r- ni II.; eth-. fa orvd Uit.-uuvau.fd uf ;i pro priety hy the IrPjmCW- nf the friends of I t!:al fc'rvat .-.i j! n.-!"rtu. The b:.l tie- 1 can:- a Law. Th" jreui - man 1 1 ! coii-S.-111 iliat ih- I-.--1 n ,- ;tss nib'i' la tli at -i.oij. -h.i!: !. er. : L.-l w:th i"rrvt lunlus IhLs'rV !,';U'J' n-.il" ot-wvu'-i', i l:: uu-ii.1, iv L- a L-.-t j.i.-c 111, m-.te, it lh. ,1 t ole IL' i he Jvlllle- ajau w.-o -1 il,. tu: I n- jy-.-iii .-.hj.u ti orn Montana makes tin . fie. 1 nr,-i.t o'.'iTa'ik l:!. and siv that he i. , it!. !..,-,.,,. I; tlMi : II:'--- a- 111 other lli-Mlios. . l.-ii.-te-l tlie la!""- of d.-rejs. 11. 1( , , . , i.uniu,. 1 his statement. ai"l(s?-'- h'.w ii in h I--uiulanoii ot mnh it ha-- A t!,e eWti-.n held la-t Aiif"i "1 the TernletV f'T I-e-.lt" U-i '"HV'n.-s aild nieiiiU-is. th" its .iuve aoseniMy uo.l . other otlie.-is.. the Miai tote -ili.il w:l---J.'.d.l. Wuh.-iH aio doiihl L'tah at thai inne had a i-.i-o'.n-oii nt at lea-r l'-"."!'.'. Hut -uj'ti-e n- 1 in-, ,w ..rt tii e r ti'.iirviii'i aud eali li'-r ulat ,1. 11 . hat .i-o-oft 1011 d.-her . o- l--;o- lh--' N"t une-rllih. H.-r udiiit eii.-n-of Hi.- t iot.-l Staler of N.tli vms. an i.ai :'e- iiie u-ht i" v,te. uod ; vt the vi m- oK r. M luo- SJ-'A-F. I ai, ' I ir, bei-e l- th- i-i ,..in- 111 ih-si- ti'.-irr of -iKh an ahuM. f the I'ali. t tw "miifii a the ?,'-jilleiuaii uut:!'l iiate f n lfhe eeAlats then..-' 1 return to the memorial. It says: 'In Ftipi'Ort of tlie thtnt. fourth, and elk'hlh io-i..!t:.,i.- we odtert t" the 11O M-iu-e of anv -t, 11 ute of frauds, nf r- it ration, ra-tion, or njlieritaiii.e. or iiiarnai-e. Sneh 1111 oiaisj.i-.il eiumol Mui'lv U- an ovein;!il . lull iiiie-i have In-ii intentional uud delil-emie. We Milnnit that tbeordinarv exitfenelei rif a eis-ili..-.! eoinmiiiiity demand ief,'isUiUon uiou these stih jee is." The absence of a law for theiop-is-tration of voters is not remarkable. This political reform has nut yet been extended to all the Stales in the Union. Tho absence of a-statute of frauds, of inheritance, or marri-atfe, marri-atfe, has ils yet. worked 110 injury, and no serious inconvenience to any of the people of Utah. It would have been better certainly il" the Utah IcKislaturo had found time in their limited forty-day sessions to consider and enact sgeh statutes, but the common law is ample eunuch lo supply their absente; and although no Utah legislature has ever formally adojiled the common com-mon law, it has been ruled by the supremo court of Utah Ttirritory that it exists there, and is in full force and ellect. It is further asserted by the memorialists me-morialists that the Territorial legislature legis-lature "Jinn, In terms and pmellce, cantoned out the lef islal-ive authority to luiinleiiml eoi-Kirntiiiiis and so ti'read and eti-iidetl are t hi -He eorporiitlons that they include almost al-most all the si-UKil land-, in the Territory and invested them, hv clal-oralo charters, willi the most uljsoluie and uinust rous ein rorojijiression and Ivraony. The 1111111-ieij'itl 1111111-ieij'itl irovei'iimentK eslalillMln'd by It, and siiread over the habitable I'l'rts of llio Territory, Ter-ritory, havo esuiblisbcd and uil In force elalionile eotles of laws, mostly uniform, hut most oppressive, ve.vntloiis, nnd arlii-Irary arlii-Irary in their nature, and far more so In (heir execution by menus of tribunals 1111-aiUhorb.ed 1111-aiUhorb.ed by law." The charteiii of all the municipalities municipal-ities of Utah aiu similar in lptter and spirit. An examination of one will bo siifltcieut to lest the accuracy ac-curacy of this last statement of the memorialists. havo examined the charter of Prove- city, to he fount) pn jinxes I -JO, lL'l, 'iL'L', IXi, '24, ami 'Jn uff.hu C'pnpnU Laws of Utah, and I submit ns the result nf my labors the fullowiiiK : Tho inhabitants ofJ'ruvo aro constituted con-stituted a body corporate and politic, poli-tic, with perpetual succession,' with power to sue and he sued, and purchase, pur-chase, hold, and sell propcify for the lienolit of Ihetity. The municipal government is vested In a mayor, aldermen and council, who are to ho elected by popular vote, and held ollico fur two years. The city council is to have .staled, and special called meetings, and may appoint the necessary city officers. of-ficers. Tho mayor and aldermen are lo be conservators of tho peace, wif.li the same powers and jurisdiction as other justices of the peace. The city council nave power to levy and collect taxes, annually, not to exceed live mills on the dollar dol-lar for contingent expenses, ami five mills on the dollar to open, improve, and keep in repair the streets, They are empowered in Dlpke proper sanitary regulations, license merchants, regulate slaughterhouses, slaughter-houses, breweries, etc., pass such ordinnnces, not contrary lo the Constitution aud laws of the United States and laws of the Territory, as 1 niny be necessary to provide for the health and peace of the city, nnd to inllict punishments for violating such ordinances, not exceeding one hundred dollars fine or six mouths' imprisonment, etc., etc. 1 submit, that there is not an incorporated in-corporated city ".in the United States with less power than I heso Utah municipalities, or where local gov--ernnient is more economically and democratically administered, or where taxation is less onerous, or rights of person and properly more secure, Against tho sweeping assertion that ''these municipal guvennnypU havo established and put in force elaborate codes of laws, most oppressive, op-pressive, vexatious, and arbitrary in their nature," I interpose a sweeping denial, and I call your attention tntho fact that the memorialists me-morialists have not attempted to substantiate this section of their indictment in-dictment with a single citation from any of the municipnl codes so earnestly denounced. Why there is such an omission, such a grievous hiatus, audi a failure of evidence to sustain the allegations of ( hp bjll; I cannot conjecture. Surely the ii.-agi ii.-agi nation and the industry of the writer of that memorial must have suddenly failed him. The man who could invent laws, and garble and amend the statues of a Territory to Jit the exigencies of his statements, should have been emial to tho emergency of supposing a city ordinance. ordi-nance. I come now, "Mr. Chairman, to the accusation of the memorialists that Out- "Probate courts arc invested with iinu'lr late as well as irencnil orlirinal jurisdiction, jurisdic-tion, criminal as well as civil, iu eluuicery as well as at law, to the exclusion nf the district courts. Ity these means there have lieen established aiid vigorously maintained in Utah an uulcpcndent, system of laws and an independent judiciary, to which all the local authorities and local nijuL-teriat ollieers olli-eers are wholly sulisorvient; anions ivjij.u) are tlvo invested with the jmwer to select, and summon all Jurors, irraud as well M-iit, for I lie administration of crritorial laws In the district courts. Hence the administration administra-tion of justice has fallen into utter dlaO(iei' and confusion. "Persons accused of crime ami corn nil tied to custody- hy the district courts or Judges are discharged on hulu-im r"r;in.- liy t be n-o-tate judges. The probate omrlc, assuming as niw that all acts jm r K:)ftinir to confer jurisdiction ju-risdiction upon them not disapproved by ConjiTess aro ann-med hy .Ciniri-i-s.-, arcex-erei-sinif all over the Terrltor unlimited jurisdiction, ju-risdiction, original and apellate, enmmai as well as civil, in chancery as well as at Saw, which these various acts assume tocon-fer. tocon-fer. In them equity is blended with it medics me-dics a( law in one and the same ca--: irrand juries are empan tinier!, indu tmerits found and tried for every j,-i-ane ,.f c.-iuie- In-oinc : laseti pi-isoners under accusal i 'ii "i" ti nil on such indict incuts have Km di-ehari-'ed or held In nl'wer, as the sbnniiii: n-iiirei, h-'f'ire di-t rict ejnn ;s hy district judL-c on h.i'oa rerjiiiw. Aiul ill all !hi- coliisi'iii. thoUffll Often decided, 1UI qile.-llnll ia deter iniiied, but eVi-rMhtm: is mo 111 "71 in Uie full tide of disorder, toivard a i"Ienf- colli.-.-inn which must result IT C'"iu.-i' fails 1-j ul-terjxisc' ul-terjxisc' by appropriate le(ri;latlou." AndtoaiHhis I reply that the probate courts of Utah are indeed made courts of record, ;i;id -riven origin:)! civil and criminal Jurisdiction, Jurisdic-tion, with chancery power as well, by tlie art of the Territorial le-ri.-la-ture. If this liea crime, the Territorial Terri-torial lcgi.-;iture of Ut;th lias perpe-tiated perpe-tiated it. If it fie tren-on aurain-t the United States, they are uuilty of iu If it has tended to bring the ndminUtr.itiou o' jiiadicc into utter dlsfirder and confusion, itu- Utah Ieirilauire ant rejiousibLe. I Jut. ijefore we condemn ttu-iju utterly, let u examine bntli tlie can' and the ertect of this '-hotile and -subversive legislation."" Tlie tendency of the American mind is toward self-government. This temltucy i& aggravated rather than reduced "by a residence in any of iho Territories. Oilicer and I judge-, lio are elected at home. I havo a im-ater degree of direct re-r-I pouibiiity to the people whom they rule than o!li'-ei and Judges who are ai. pointed from airoad.and there never wa.- a Territor where the jeopk were so well contented witii their imported oiVicials that they did ii'.'t seek to enlarge and airgnindie tlie pt-v.'ers of those whom they were pvrinittfd to choo-e for them solve.--. If Utah ha.- exeeedi-d all other Territories ju her e! Torts in this behalf, the reason h;i.s doubt U.-sri i'eeii that Utah lia kid k-a cauie for delight iu her im- jMirtetl oflieials thau havo the other Territories. Hut if Utah Ls to 1k denounced as di-luyal. l-ecaue she has attenids.l ti make chancellor'! out of her probate judges, then let the denunciation de-nunciation In vi.-oied upon her lieighln-rs, for they are alo otleud-ers. otleud-ers. I beg permission, in this connection, con-nection, to quoto again largely from the . speech of the Utah iK'le-gate iK'le-gate to which 1 havo already rc fei red. j Mr. Hooper says : I '"The organic acts of Utah, Nev-, Nev-, adu, Idaho, and Montana atv in res-lect res-lect to the organiiiitiou of courts and the definition of jurisdiction, precisely similar, not mily in spirit but in text. All use the same language. lan-guage. "The judicial power of mid Territory ehall he Tested in & supreme oourt, dis-triel dis-triel conrls, prohete eotirte, and lu jiif-ti'-es of the peiicr.' 'The jurisdietion ofUie seveml courts herein here-in provided for, hoth appellate and original, and that of the prolmle courtB uud of juEliecs of the peace, tduill l-e us limiled by law,' ivc." t;And with resjM'ct to the owur of the Territorial legislative nsseni-bliey, nsseni-bliey, the organic acts of the.-e four Territories aiv again precisely the .siine, for in each it is said "That the leirislallTc power of the Territory Ter-ritory t-hdll extend to all rightful Biil'jeetp of legislation consistent with the Coiistl-tiitlnu Coiistl-tiitlnu of ti-e l iiitcd States nnd llio provisions pro-visions of this act.' I ''Starting with similar organic ' acts, we will examine the laws of thedillen-nt Territorie, and Kee if Utah is alone in tho monstrous usurpation, the unheard-of iniuuily charged against her, of clothing probate courts with original common com-mon law and chancery jurisdiction. I refer to the laws of Nevada Territory Ter-ritory for lStil, section six hundred and eight, page 4 IK, and to sections one and two, pago H'2 and S"t, of the laws of ISii'l, and I find that the probate courts were given " 'Orlirinal civil jurisdiction nf actions In enforce mechanics' lieiiK, of pnx-odlnjre In coses of Insolvency, of u-oeee-diii(rs in divorce di-vorce cases, of all civil cimi-a In which the amount in controverts does not exceed jKint'i or which Involves the tit le and iioskcmsIou of real pmertv situated iu the county, not cxcoodiriK ') ' And their jurisdiction shall le co-ex tennlve wllh the Jurisdiction of the district court,' etc. "Section six hundred and twen-ty-threo, pnge HM, of thp Iiiwh (if Idaho Territory for provides that " 'The probate court shall linvo concurrent concur-rent civil jurisdiction with the district court of this Territory of an action to en force the lien of mechanics and othen, and lu all civil tictlons when the amount in eon trove tro-ve rsv shall not exceed "i" 'U'he pro-jute eiiurt mid the JudfTe t hereof here-of shall have jniwer at clmmlerB to try and determine euita of tnanduHiiM, certiorari, and it't UYirnoifo, And to issue all wrllH necessary or proper to tho complete e.ver-el-i' of the powers conferred uoii It by this and other statutes, and, In the abeenec of the district Judffe from the county, to Issue writs otlutljcas cur nuj and injunction.' (Suction sj liundred and iwuu-ty-nine of the same rict provides tliat- " 'Tu all ch-it eases within their Jin-lsdle-tlou, the pi-ohatu coui'lrt and Iho JudKCit thoreofshall hae Ihesanie ixiwer to grant 111 oiidpri", wrildi and iiroccssi-i which Hie ihsl-icl-coM.-3 op tie JiidKi-i thprnof have 1-oH'er lo Krant. within their Jurlsilietioh, and to hear aud determine all mictitlonH itrisliuf wltliiu their Jurisdiction an fuly and eonii'lctely art the district courts or the Judges Mieruof have jHiwer to do under tho luwK of this Territory. "Sections four hundred and eighty-two and eighty-three, page l:t!), of the laws of Montana , Territory , Is(j4-(i5, provide that '( 'Jhe prol-ilc coupt bIihII linye coiinur-rciiLjnrisdlelioii coiinur-rciiLjnrisdlelioii with the district court in nil civil actions where the amount in controversy con-troversy shall not exceed $'3, 500. The probate pro-bate court and the judc thereof shall have power at cliRiiihfis tfl tiy Hif tie ten nine, anils of ituinda)iii, ' aortiovavi, mid quo warranto, nnd to Issue till writs necessary or proper to the complete excrcisa of the powers conferred upon It hy this and other statutes; and iu the absence ab-sence of the district juilfjc from the conn-Iv, conn-Iv, to Issue writs of habeas corpus mill InjunijtfojiB.' ''Tluis it will be observed tha. the probate courts of throe Territories, Territor-ies, JSovada, Idaho and Montana, were given common law and chnn-. eery jurisdiction, limited in some extent it is true, but none the less complete within ils limits. The common-law jurisdiction was limited lim-ited in Nevada to $"()0, in Idaho to SSDO, in Montana to Sli.oOO; but if Uip territorial legislative asspiqblies of these ' TprritoVies' had thp jipwer under the organic act to grant concurrent con-current or coextensive Jurisdiction to tho probate court at nil, they might have enlarged Unit jurisdiction jurisdic-tion to ?HI.0O(l,(XH), or made it un limited, as readily as to place limits lim-its to its exercise. "Tlie power once ceded to pass (.lie law, and the remainder is but "t inaj,tiji' pf legislative discretion. So with respecttp clmucpiy Jurisifje-tion. Jurisifje-tion. Nevada limited thu chancery jurisdiction of her probate judges to divorce cases, proceedings in cases of insolvency, and the enforcement of mechanics' liens, Idaho and Montana go further, and permit their probate judges to grant writs of injunction when tho district judge is absent from the county. Montana has three district judges and nine counties. Unless her dis trict judges nre ubiquitous, it fol-Ipws fol-Ipws that in Montana there must constantly bp at leant six probate judges who are clothe.it by her Tur-ritoiial Tur-ritoiial legislature with' all the great powers of chancellors, who are clothed with the highest function func-tion pfnll chancery jurisdiction tho powor to issuu a writ of injunction. injunc-tion. "lean find no words of censure for the Territorial legislatures which thus endeavored to provide the people with local courts of jurisdiction. juris-diction. I can see no deiance of the United States in this diameter of legislation, i(or nny harm to any peron on earth. In all thpsjj Tprri-tories, Tprri-tories, Utah, as well as the rest, the right of appeal from the probate to the district court is accorded, and the aggrieved party can always avail himself of the distinguished legal abilities of thp tjintrjpt judges if he is not satisfied with tfiu prpr bate court decision." Tiotmo add, Mr. Ohnlnnan, that the right of tho legislature of Utah to vest such powers In the probate courts has been so questioned by lawyers and denied by Federal Judges that no practical "use is made of U'!-' grant. In criminal pcin (he district courts promptly release on haHas corpus any erson imprisoned on a judgment of a probate court. In civil cases the defeated party h-io hut to sue out a writ of error, and the district court will set aside the judgment on the ground that the probate court has no jurisdiction. jurisdic-tion. No lawyer, except for the purpo'-' ef making a test case, will commence an action In (he probate court, whose jurisdiction is honied, when he can bring the .same ca.-e in the district court, whose jurisdiction jurisdic-tion is unquestioned. Asaeonse-(jutnee, Asaeonse-(jutnee, there an- no civil cases iu the probalo court nf Utah, and the 'chancery power-"' - pf ' jirubate courts are never invoked. 'I here is no "disorder," nor there any danger of a '-violent col-' hsion'-'for the simple reason that the power of Ihu dijttict court has never leen questirnu-d. and no probate pro-bate judge has ever disregarded its doerees. Thp in omoria lists -ay : "I'rson acriij'-d of cntni-s, ,(n,l com-m'rnl com-m'rnl to eut. -ly v the district court or ju'lv-s. are dischartre-I on hnlxaenriu hy the (jr-Jbate Judjre-."' All that can lc siid in rejdv to this statement is. that it is not true, and as evidence that it is not true. I invite your ptttution to the fact that the nu-uionalisis haw not cit-1 cit-1 ed any instance of the kind. I believe tiiat there is one case ot the kind, and only on;:. iJriirhani Young wa- held iu llio cueijdy ot the United States marshal bv order of the district court- W'hile'in custody cus-tody ilie rrjuprume Court of tlie United Suites rendered a decision in the ca-e of Kngelbreeht t-. Clinton, which e-tabli-he'l the prrj-poilioii prrj-poilioii that ihu f.':: iff! Stale-, HiariHal who held hiiii in cujstouy was not an otlir-er of the di.-tri-.'l court at ali;aud that the graud jury whick indicted him was an illegal lodv. The decision was announced by "teleixraph; iti authenticity nnd purport Veiv notorious facts. Kven the aclim; United States district attorney at-torney oM'lah felt impelled to a-ply a-ply to the acting district judie for Mr. Young's discharge, but the district dis-trict judge declined to onler his discharge, on the ground, 1 am informed. in-formed. that no certified copy of the decision of the United States Supreme Su-preme Court in Kngelbreeht v. Clinton, had l-een received. It would have taken a week, perhaps longer, to obtain the certified copy. The old gentleman was tired of his winter's confinement, nnd so he , habeas ctrpuwd thel'nited States marshal before the probate court of Salt 1-ake county, and the probate indue ordered his discharge, to the. "gieat delight, doubtless, ol the United Uni-ted States marshal, who oW-yed the order. 1 f the probate court hud no jurisdiction juris-diction to order Mr. Young's discharge, dis-charge, the U nited States marshal hud no jurisdiction to keep him in custody, uiul no great harm was done. Wit h this except ion, 1 repeat t hat "I heii is no inMaucc of a probate pro-bate judge discharging a person committed by a district judge. The memorialists further sav that the l'tah legislature "Mas Ossnmed to jrnint and iuum-I out to a few faxorltcn ihc tnultor in the inonnlains and kan vi his. and alo I he usufruct and control con-trol nt.-ireuiiis of riiiinuiK water in t he Territory, Ter-ritory, rcndorinjT the itody of the H'oik dt-ixiidciii dt-ixiidciii therefor on them." Mr. Chairman, these gmnts have all been nqM-aled or have expired, or aiv abandoned, and while they were in existence, Mr. Hooper says "No attempt was evi r made to maintain ejectment umhi them In any courl, pi-oliali' or district. They were nc er eslecnuil as of any particular aliH1; no settler. Mormon or non-Mormon, was ever excluded fnun land hv warraul of their aulhorllv. Then' In not u fiMit of land held lu Utah under them. They rx-lonu to the past, and there never was an hum-in thai past when any pi'i-ssui on earth was injured liy them." "J challenife the world topi-e-seftt one sinjrle nut hcnl lealnl case; of a woiild-lte si'ttler Ik-uik prevcuteil f rom wl-tlcment wl-tlcment lj M'-rnion k rant a or Mormon Interference. In-terference. That there arc lint few noll-Monuoii noll-Monuoii fur me iv In IJ lah is pmliahly true. The arid, t i-cek-ss plains of Utah, redeemed to (funic us only liy I lie const nicl ion of costly cost-ly ditches and the ceaseless loll of irriiralloii, prescnti-d few al tract Ions lo lluw fanners who wore free to choose either the (fenial clluiilte of California, or the hroud and tvr-tlle tvr-tlle acres of Iowa or Nehrasliii; i'NothiiiK bill a desire to reach (l SlOt wlieiti thev could enjoy Ihclr ivIIkIoub faith unmolested could lim e Induced any eonsld-oratilo eonsld-oratilo uuiulier ot poi-sone toeouicto Utah ataU." r . The memorialists have cited at length a statute authorizing the probate judges to take charge of the prppei'ty of any deceased or abscon-ilout abscon-ilout person, and designate this statute among the nnomalies of legislation. leg-islation. It is anomalous in that it mnks abscondent persons with deceased de-ceased persons. So far as the statute stat-ute npplios to persons dying intestate, intes-tate, without heirs or creditors, there, s nothing; anomalous lu it. It finds its parallel in every locality where there is such an ofllcer as a public administrator. To class an abscondent person' with a deceased person is perhaps a novelty in legislation, legis-lation, but I am not therefore willing wil-ling to cpndeinn It as either unjust or unwise. The almeondent is dead to tho community from whuncehe absconds, and It is better for him, his heirs or creditors, that his property prop-erty should be cared fol by a public oilicer, rather than it should be left to the prey of tho first casual np-propria np-propria tor. To place tho proceeds of the sale of such property, for safe keeping, in the ham's pf lii-j treasurer treasu-rer of the perpetual emigrating fund, is perhaps quite ns just to the community, and as just to the abscondent, ab-scondent, or tlie estate of tho deceased, de-ceased, as if those proceeds worn absorbed ab-sorbed in tho vorte"x of Weus" that' usually whirls around escheated estates, es-tates, or turned over to some "fund" that should clutch it and assimilate it, as the devil-fish gathers sustenance susten-ance for his embracing but imperceptible imper-ceptible film. Thp statute of limitations, to which tho 'memorialists refer, differs dif-fers in no respect from other statutes stat-utes of limitations, It is prospective prospec-tive iu its operations necessarily. It would bo dillicult for even a Utah legislature to pass on ns pout facto law, or A Inv,' that shc-jlii impair im-pair the obligation of contracts. Among the last accusations of the memorialists I find tho following: "The mayors of corporal Ion-- are authorized author-ized to exercise the rljf lit of eminent domain (an attribute of soverciifiity) hy taking private pri-vate property for public lines anywhere within their corjioratloiis without nny check to oppression. (See ehartei-s of i-aft Lake, Prove, tc) The bv-laws and ordinance's of im.-; Liui-a uumiui i.c -lie wci.uro aim destruction des-truction of the propertv of the citizens. The case of F.iiKlchrecht "rf id. vi. Clinton ct at., recently lie fore the United .states Su-pi-eine Courl, originated in i proceed jiuf Of this kind-" As an answer to these broad and uusubstaul'iatf'd nssprl inns, I refer to section 76' of Croat Salt Ijake city charter, page 118, General Laws Utah : "When 11 Phall he necessary tn lake private pri-vate pi-oper-ly for nponlnv, wideniiiK, or a!tei-n(f any public si reel, lane, avenue, or alley, the corjioralion shall inalte U just compensation therefor to the erson whose proiiei-lyis eo taken, and if the amount of such eoinpensiit ion cannot le agreed ujion, the mayor shall cans.; the same lo 1e ascertained ascer-tained hyajui v of siv di-intcn-slcd men, who shall be lnhabilaiits of the city." And the only "property of the cltizeps" which can, under the charters, bo seized aiul destroyed, Is described in section jingo 115, Gimeral i-aws L'tah, ns 'atl instruments instru-ments and devices used for the purposes pur-poses of gimiiig." It is submitted thai the specifications specifica-tions of the memorialists fail lo sustain sus-tain their charges. They allege that the legislation of Utah has been inimical to and subversive of the Federal authority. authori-ty. The laws they cite in support of this allegation either never existed or are repealed. They assert that the Utah legislature legisla-ture has neglected to establish a wholesome general system of laws, i The civil practice act of 1S70 is a standing refutation of this charge. They insist that the municipal charters are extraordinary grants of nower.and the niunicinal orrlinm,- ces oppressive, vexatious, and arbitrary. arbi-trary. The charters ami ordinances prove to be similar to those of all other American municipalities, and the administration of justice and public order proves to be eipial, economical, and usual. T-huy duclare that there are in L'tah two hostile jurisdictions. It appears Mint there is iu every case a right of appeal granted to the Federal courts, and no intance of a elasniug of jurisdictions. J conclude thi portion of niv argument ar-gument by inviting your attention . ng.nn to the fact, that the memor- i in lists have bused their tlenia ml for Congres-sional legislation with re-sport re-sport lo I'tah upon the b-e-js of conditions which if they ever existed ex-isted have iiowp;Lsed away. House JiiLi,:;.7:d. Piti.vrKii.-i' No.. X.07.':. The bill proposed by Mr. Merritt is 1-nsed iiion the con.jhiiiit of the memoriali-ts. but it g-K-s bevond their complaint, nnd prono'-es to remedy some things of which the memorialists (o not complain. Thefir-t section of the liill joo-poses joo-poses to detrov at one blow everv sheritr in Utah. It make-, the I lilted States in'ip-hal t lie sherifi Of tweutv-oiif count ie.-. and three judicial ju-dicial dis.triots. and gi.os him almost al-most unliniito'l -tower without ex- : acting from him any bond or security secu-rity whatever. It re-juin each of hi.- deput ies to gi ve a ten-t hou-and-dollar bond to the ninr-hal. "con-ditioned "con-ditioned for the faithful discharge of tiieir dutie- n such ih-jajtv" but thu mar-liul giv,;- no i'(.iuj.;inj furm.-he- nc, -ecurity to nnyb,dv. -The I'.hmc it m !l-kn-iv n W;i-h' the ciij-of C'.'.-aTj( IS..I i.-'.l i.jU, "i,, t u.t-i ,.-. ,.,., "'hat tviT-tia;! najt tbc rn cr It lane.'' Tho -econd .-eeiimi aboli-he- all county aiul pro-eeut i ng attorne, and make- the I'nited Slutes, ilj.-i-trict attorto-y the ro-enit ing ut-tonn-y of the Territory. "o IjoihIs an; to Ik- exacted from him. or from tlie a.--i-tanti whom he in authorized to aji-.j-jint The fifth section is neither objectionable objec-tionable nor necessary. It provides that only citieus of the United States over the age of twenty-one years shall be competent to M'fve as grand or jn'tit jurors in Utah that is the law now. The sixth section simply re-enacts the pte-eul territorial law with iv-pect to ginud juries. Thetv i- no objection to tiiis. neit her does thole seem to be anv nece.-s-.iiv fur it. the seventh :-octiou takes the selection of juries away from the local authorities ami inii'o-vs thai duly upon the district judge. I'nil-eil I'nil-eil "stales nttoincv, nnd United States marshal. 1 1 seems rather unfair to the cit ien who may be charged with a public otliie, that the judge w ho i- to prc-ido tit his trial, the attorney who is tn pro-e-cute him, and the olUeer who hn-him hn-him in cuMody, -hall have the Kwer to pick out the men w ho are lo pass upon his fate. It seems a little unfair to the bar of Salt Lake lo give to one of their numl-ei - the United Slates di-lricl attorney the power to pick mil one-third one-third of the jurvnieii who niv to determine the rights of litigants. It is certainly an immense grant ol Kwer to give as this bill proposes a district judge, attorney, and marshal, the power to roam over an entile Territory lu lind -an eligible eligi-ble lurv. for it will be imllced thai district nun county lines ate abolished abol-ished in the selection of jurors. The jurors tor the thin) district court, which meets at Heaver, two hundred miles south of the mi I road, innv nil be selected from Uognil, eigtity miles north of the railroad, or the entire Ihree hundred furors for the three judicial, list rids might nil be selected fruin Cuiinne. ur Alia, or nny place in the Territory nidi! to unii.-n (he i-oijuhvd number of Idle and adventurous persons w ho would be content lu embark : in an ant I-Mdi iiioii crusado. Neither n residence iptalllicalion, nur n properly ipinlilicntlon, nor a tax-paying qualiliculiun, nor a local-citizenship ipialillcjilion is proposed to be required of jurors. "Any citizen of the United Stales over twenty-one years of age,' who chances to pass through Utah in a i'ullman car, Is an eligible juror anywhere from Sail l-nkc tp HiMiver, It is submitted, that s'clion seven, ,)f llouso Hill No, :t,7!d, presents the most simple and vet the most : Hu'cfiiimr nnd eMIen, -'ions l.hin for packing juries ever ilev ised by mini. It is also proposed in lids section lo net aside the ordinary rule of law that tnlesnioi shjill po( hcsuiii-fliimed hcsuiii-fliimed from tho bystanders, nnd It further proposed to allow '"each party" in a criminal case six peremptory per-emptory challenges. it is submitted that, outside of Utah, there Is not a State or Territory Terri-tory in this Union where a vlefent(-ant, vlefent(-ant, charged wit h a capibil felony, is restrictiiil to six iieremplory challenges, chal-lenges, or where, in the trial of any criminal charge whatever, the prosecution pros-ecution is allowed the same number num-ber of challenges as the defendant, The ninth section lof l,ho bill of Mr, Merritt contains., perhaps, th" nipst exlraorditiary jn'optisition of legislation ever seriously presented, It provides that I he fees of the United States marshal nnd his deputies, dep-uties, (the sherilKs of twenty -one counties,) the "emoluments'-' of t he United States district attorney and his assistants, (the pioscculing'oli-eers pioscculing'oli-eers of twenty -one counties,) (.h.: compensation of the three hundred, jurors and tlie army of talesmen, shall all be paid out of the Territorial Territo-rial treasury, aud 1 quote the section: sec-tion: "If the Tcrrllorlnl leglninlurc tdml fl to provide hy law for (.lie pnytnent of Ba(d fecfl and floiiipeiinnilon, then the same ahull be paid out of the money appropriated appropriat-ed by Congress; fur Llie potupeiuiiiliun of mcinbcrB of the Territorial legislature I ! I" It is submitted that the expenses of courts, sherills, and juries ought to be paid, nnd usually nre paid, by the community in winch I he court is held; that the property-owner of Washington county, in Soul hern Utah, ought not to be compelled lo contribute toward (he expense nf the administration of justice in Salt Lake .county. T cannot believe that the other proposition, the proposition to coerce, or rat her bribe, 1 he nicin7 hers of a territorial legislature even to do their duty will ever puss Congress. What of self-government, would be left to the people of Utah if such a law should be enacted'.' The veto power of the (iovernor is absolute; abso-lute; the judical power will be absolute ab-solute in the hands of the district judges if this bill pass. And now il is proposed to enter the legislative legisla-tive hall, and say to the representatives represent-atives of the penjile in the territorial territor-ial legislature, '-J'"!-vote out of the public treasury money enough to pay the cost of the inostrou-f system inllicled upon you, or we will take it out of your pockets." It appears that, notwithstanding its elaborateness, the section under consideration is still defective. It should provide that the list of ayes and noes in the territorial legislature legisla-ture on the question of voting an appropriation for the '-fees, emoluments, emolu-ments, and compensation'' of marshals, mar-shals, attorneys, am Jurors should bo carefully kept by the district judge, and that only those who voted "no'J should have their mileage mile-age and per diem confiscated, It would be unjust to those -patriot io ayes who migJit vote for the appropriation appro-priation to submit them to the same financial depletion as the contumacious con-tumacious noes. The tenth section proposes to set aside a well-known rule of evidence. It proposes in a criminal crimi-nal prosecution for bigamy, polygamy, poly-gamy, oi ' adultery, to allow tho marriage to be proven by such evidence evi-dence as is admissible to proven marriage in civil casus. Jf it is hoped by the operations of this section sec-tion to bring about convictions of persons charged with polygamy, I submit that it is ljkelv to hc ineh'ec-tive. ineh'ec-tive. The plum) wife of a Mormon is not a ''.wife-'' in 1 be l.,--l whatever she may be in fact, or in their" theology. No ceremony of marriage Is performed In such cases by any civil magistrate or clergv-man clergv-man authorized by law to solemnize solem-nize marriages, and the relation rela-tion of the parties is, therefore in law, only that of coiii-ubin:ur, proof of which when made might bring about a conviction for adultery, adul-tery, but clearly not for bigamy or polygamy. The twelfth section gives the I idled States marshal or anv of his deputies a power over (hp Iipops of the United States not bestowed upon any other civil officer of the Government. It provides that a deputy marshal "iay, jf , judoin'iii a-i-daiHo i necessary, ne-cessary, apply to any otlir er having charge of Knjh-d Stales troops for a )r. ;M tM.n. U)ion the lrooK- will l- detailed hi sufficient mi m tiers. Uns-. this law and nny deputy marshal in Utah will have it in hi- unuhlcd and unchecked un-checked discretion to inarch the United States troops against anv community which may have im-ur-ed his ilispea-urc. The sixteenth section t;,,., ..IV to i-lc-i.1 tl,l;ir licrill..jUi-s i,r il, l-ca-f. .'itirl t-v.-ii ju(lL.,.s r rU-i Cuiu :m. vcti the :i..ii,t mc-nt of r h. -." f.llt'.T- in t Jit. ( lovi-riM.r. Tli..-v,.nl.-.-ii!li w. ll.,,1 I. ..,.. wliat rvin:,rk.-il,l,. i iN u.n,,,., .,,,. ' inipwumou.., liliL-.-mt-, fr it ,,r. vi.lt- tlmf'i,,.,n,..,.Hf ,-!, out-court to :ui.,tl.r, .., , li.lt- ,r o'l.,,- H-. untv . ivniii.-I i Leaven l,y ll,B inv,,V., V. ii "liall not linvlul. A.,... to .l,.,n:,ii I pavniuiit of (-0..1-.-- lilt twt-MtV-liflli .,.,.ion ITOvwthu Cuii. .tatiil,. of limi. i- ' ll h' " I""-'-- Win- -lioul.l tliu liinit;,!!,,,, . ..,,(. t-.l. Itl-J tl,,,,.,,, j I,. ,,.,.,, 'lie limiluiion Iu- of oUu-r statL- iinu Tt-rritori.--.. :,n I I ,-.-in toiH-uivc; of no VU,A ,,..,-o,i for. -III-iitil!it. Mr. C'luiiiuun. tlmv ii.it-Mi- n., UTO-nt iiict-.ity foranv Ii-i-hui villi nH..ft to Cluli. Thu iun-iuj-1' lTosjioro.ua, tbopeooio ttru con. ti-ntfil Jiml in-.ii-i-rnl, (axnliou is liaiii, nt-w inlu-.lii. an-l.i ii,K,lt.'. vi-lo.i-.l. niihoa.ls an-in j.nn,. ()-i-olilnn-lioii, iiiiiii-s an- l.rii,u oih-ii-i-cl. i.ioiK ii v is ,(-,., tin- lixliUalul liln-1 li.-.-. ol t-v t -rv i-il icn an- M., lm. Why no I. Ih.-n, 1,-t -:. nl,,,,,,'. Why . hint;.-1- i-ry l'Uiiu-.s iuicivi of Ihi- iioH-n.us i-oiiiimniitv inn, th.- sf.-ilim-.r i-ii. il'l...t-.xiH-i-ii1.111. al l.a;llatioi.-.' I'la-soi-ial n.nilil if Tlali 1.- i.l'l.l l.v I. fini; a.iinihih-, tu ll.al of all ulli.-i- Ami-ii.-an ,., m. hill,-.. ll.-i- .,-rnlialili.-s an- ,l,s. lin.-.l l..-.-.-.lll.v ilKa,,,-.,v. 'l'i,,.!,. di-airral-al-.ro may l,r ilrlayi-,1, l,m r.-iiinul, ill 1 1 1 y jin lnu-ni , . .lilril hy kvMnlk'lk 1'llis hill,.,,,,. laiiisat.Av M-rlirns lhat an- wi-l) rnoiir h an, I to whirl, m.Knqt l,i,T. lions ,-.in hi- ma, Ir. hut lla-n-inv oil,. ,--M-,-lioiiwhos,- .a.,",. w.ul.l to. rvilahly ,io,hi, i- I iii hiiK-ii,.t.i(.oiiiils. ion, an, I hiiviiM'i-,,iiviilioii in 'i . i. Thr hil., i,l,,-,l o,,s ,,- .,.v,;,i . I Ik- n-,iii-.l ol lh.- in,-iiiori:,. ,, tin- III. -Ill, ,1 iat Was l-vi, Irlilly ins,it. i-,l hy a few in. -ii w ho an- 'ism-s.m., hy a l,lll ,os,- of n-voliilion, :ihl w,0 havo on,, h to rain ami lull,, lo-,- hy any i on, III ions of ilisas,.r w hirli may n-sull. Tin, i-aiilnll,s ami hllsinr-s mrli of I hih ,,, tl(ll uanl this l.-irislnl i.,n. '-, w ho an- ronsl i iirl iny la ilr, mils. in hiiiUlini;- finiiari-s. m n,cn, inim-silu nol iviiul it. In tirl. lt hall I l,rs,-,.,-li yon lo 1,-avi- tin- lw, of l lah iimlislnihril. |