| Show IN JUDICIAL infallibility the supreme re court of tile the united states censured Cens tired the federal courts in utah fully sustained important debate in the united states senate arom the rord Metr mr li I 1 lam am by 1140 committee Commil loo on tho the judiciary to how A as referred the ti lil 11 11 II 11 it no 1762 con concerning corning tho parc practice tice in terr tarr torill chui coui cilita Is and appalls to report tho the sumo saute back without mccod ment 1 recommend ill ili IA aige and ask for it ils present consideration tho the chief clerk re read ad the all as 03 follows ay ax ACT ilia practical in terri co conr virbe and appala appals ftp WAl thoro from abot by the ibo oracio after fter veral ot ol like of tile united bt btty tr at 1 I to in that clr taia courts thereof shall havo have common comdon uw law kud chancery sod od doubts hayr hart been lon en laid rowl bo be or valie flier very nit may too tic exea will together lordlier in the panic anio pro ore oetling and whether thin A anti add ruled of 0 la in will A avo ava authorized the wil ad corle 1 l actions in tile same or a uni furm feral course of Klin IQ ai CA lagal and aro are ossi organic arts gly alf it enacted kiy ut and calato of of fifths the imad nf of aner am iio ii are aum ment MriS Ird chit it hll ball not bo be necessary ik in in any of ties ci of tile pictorial territories of tile iho unit states to ex ear yr tile abo continue latr and chao ory o ry no in said counti coulta that tile several codes anti and rules of practice tica lith apted in said Torri tarries tn in so rr fair aai j they sat r n blau gling of or 96 uniform ca lam of proceed tog 1 ui I all lwft whether berul b or cinita blia W 00 anil and that all bere sofiro hiu bal or taken ITI in paid ani courts la in conf conforme ormi ty w alibi lib faid respective coddo lead rules of practice so ea far as aa to tho ilia form said null mode odo of proceeding loo lo a nd a tile paulo are lingby nd confirmed jorl trial no party lead hir been or r boball tic bo do i priced of alio of trial by jury nr in ID cases cognata blot bl at common law 2 bleat ilia dio appellate of abo t court of the bo luied ut aad states stales ovir cite tile e and of said territorial courts in an raw canci lit if trual toy by liter shall bo be tier exer cased clued by writ of error and iu in till au other emes by appeal kp ical according to such rule anil regu lam 0 tie as to form and modes of proceeding as th tho supreme court b avo aavo prescribed or noty iiii 1 r prescribe I 1 Imra led that on ppe d of ilia avid once pt kt large ft 06 talt foont of the facia of tile uw lu in the no lore of a special and aado the cullop of tha court on tho the admission or of 01 toi beall 1 I axi biado and by tho the court below and transmitted j to lo tho the ciui retno court together with the of the proc edua dila a and judgment orto cru but no ap proceeding ui in 0 ml eil supreano court heretofore at talea taken upon tiny much judgment or shall be I 1 0 A atoa atoj led by it leasol ason of win lies titu lov hy to t aror or by appeal ina iv that call late court may malo male mal o any iu io tny any uw c appealed which my inay b be to UTO vo tile rightie of trio martita partita pair tats till the Pr eident pro torm pore Is there to tho present consider fe ailion of the bill NT mr Stever I 1 do not object to its con lut but I 1 desire to mo move vo ad aa amendment to it tito president pro the ch air hears bears no to ilia present of ilia iho ull bill out ID 1 it is ia before the sonata as in committee ol of tile hio whole mr stevenson I 1 liew move to 0 o the ho bill by at the ho cod tholof tho the ful ul lowing and that bat this act choll hal net na apply appl to cairs now pending in tho court of ilia united whore atio is record liu a kesdy been lits mod ad mr this amendment tacit was bousi lei ed by tho the committee on the Judic judiciary itry said mid tie not t app lovel tho the is 13 I 1 li the at ta of tho the several territories provide for coin crinnion man law and equity ju ill isalia on in those Tein they bave vedo retell CACS rulilo practice Irac tiLe which lich vi dingli those jurisdiction A caio was iiii bromidic bro brou unlit up to tho the supreme omit 0 it sonic six bit months bioc adil they th it those eades cedes tt gore ore in vical violation lation ot of ilia organic law 1 iw anil a cooil deal 0 disturb tuce is mido made in j judgments and ceres es dahich lease toen local ircia derad in ia the territories is a more r ati act emco tint decision dic ision of tho the court a number of if lip ap leal leave betra aiken to revera cau tho the torello anro or mortgages 1 and oil other familiar proceedings bibau 0 of 0 this hidden ihn fiill I 1 without the tha amendment provides lr oid that tho the supreme louit Coar kiy make nu call equitable in ia to cass aro biow bonding pon ding and I 1 do a not ILI think ok the caught to pi al a I 1 11 licit limit this act bud and ox ex chide cases ve lich lave have b been con brought u up 1 mr stuwart St 0 swart wart lam I 1 am quits quita ell t that lint the amendment offiel by the lie front from kentucky ought not to pi evoil nil like ilia sets ot of tile terrones Ter nones confer the curts comman law end anil equay jurisdiction unit and they provide fur for that jurisdiction be being 9 as filially lo be provided by law the teri tan ibriks havo uniformly under by legislation to ri for or thi ex orcie e ol of that anil and in doing to EO they leavo adopted audes the supreme court I 1 think without much consideration hold that it was not tor for it territorial lw logi lit druio ufa to mutts make such provi pi ori ion for the lie exercise exo reiso of this common in law W nail aal equal guily quily on but tile abc idea was ibous they lai ha 0 not gone quite quita I 1 to 0 tint thit extent that tile practice tico mould lio be according jing to tin the longinal of 0 ing s 1 commell law and separate sop aiato 1 dl iby as in tile courts of england Engla nl and ot of the united st ilia court coort I 1 think at ilia ibe I 1 nio me did not realize the impo nance rt of ahe 1 I 1 he decision nas mas made by y a divided cobit and without hiving tho the magnitude magni tudo of ilia bo be fore th m it lna cresol a cooil coal deaf of difficulty quito auito a numb number or ot of cases of the iho ordinary collection of dabb ilia foreclosure of mortgages and aad ordinary of that come up 1 I lidd et eland and I 1 know inow from in my personal that tecie hats been a good anti a good coill of iu of this decision deci aion ol 01 tho lom 1 it is not for tile ilia point to to talcha in tho the court below at all but the up bore its as a matter of jurisdiction it seems to mo me this his moc measure asure is purely xo no vested rights cm can lo be cd by it but it is ii a question whether the iha difficulty la be remo rema died that has hai arien ari en cn from this thi i decision of ill till ties SSu preme tue coult which I 1 thaile aas not I 1 idly adored it doci not affect arly particular ilia anty ay any mira ra ro mon it does doca the general of 0 the territories I 1 do nit kaow now nor abut cases hive have lesa been brought up but I 1 know this bucs ion lai been of 0 great car lai t fur tho lait two or three years anti luit los really di disturbed the admin adain attrition of 0 ju justice itice cou ciu I 1 bo ja injure J by justice be ba that ical for it is ia merely tec tined it is of tile charlate ch arrate or of technicality nica lity nu sul I 1 waltg are iu in voad vo bcd in ia i under the decision of the Sul arettia court it is iii for the territorial cowls to justice with the great body of legisla tion they have and that clims klimay v technical difficulty should shoud be got out of the tatty eo that justice way lie bo derod in the the till lill is ver very important in tint thit view mr r mr ile iowa in tho the chir I 1 J ho he bill itself is undoubtedly pm fl and airl altoun I 1 rass pass but I 1 think the amendment offered by tho the senator from kentucky should pass also whether tho the adoption of that amend tie lit if irit it lie be adopted adopt mar not tender it necessary to amend on ono ot of ilio ara 1003 ong of 0 the ui bill I 1 am aim not certain ilia bill not won being before me inc tito tho sir armo arc ano court of 0 the united states stales lava havo malo a certain deckon deci hion on abia isoe lion tho the senator front from nevada fars ears ho be ILI aks I 1 t ma an ail ill and rn erro noona decision I 1 INI amr to stewart it we was ily by it ft divided cobit boult mr it wim was tile decision of ilia court cf tho the lw Kc public masea upon that dec decision irion suitors I 1 in it the tha couric lave have brought brou slit cases into tto tala supreme court or of tile united Uni tl suites it is n novi now pro to pas alii Is lull bill an ami I 1 aone send those cases all 11 out cut of 0 e court rell poll alel which wore wor a prop oily broo bron glit when trong ht it I 1 hoof licon been liero here during tho the robot lion I 1 lave have voted to logis lil aa lake awa y the m of ilia supreme court in peo dini causes but alico is certain certainly y no 00 beeh ballel atalo ato necessity bore as arill mill try it 1 it f n m in thi the territories I 1 ties prang bringa ll 11 ailt case by appeal or 01 biltof m it 0 error lot into t tins a alie court end and it il is ii upon tho the calendar of that court upon va eliat hat of justice austice can M reverse the rule of I 1 la avi anil and cagness acre him out of the hie court ailed when bo be fiill I 1 havo bai a baccke to iol I 1 but tz tr r that mat action 1 ft I Cong his right should be jiin alio lawns law an it t stood et ad alion lion haq b 1111 chiq court 1 mr ir diniso Xi niso on ow now BOIT there was a mero ampro aug eat in tho the form oatho janance j of cl tho arit or of some technical error not affe bilig the ment clr ir carpenter thit A it a good rinea tion tin to argue to tint thit court it if that court leave made an aboard dex deshion hion let them retract it I 1 tin eta in elined tu to think that it would be n ri goo gool I 1 thing foi that court now and then to bo be com belied to IA take lako back a laly decini on I 1 leaa the io crenco for that court tt at its bir I 1 am aim obedi obedient ant to adf any it iiii mal akos oi I 1 think it light or viru vir unil nig hut but in this pretice I 1 live a light fr to criticize critic iBe them IN mth ah the same that they citi als D its and I 1 thing il if that court now and then were compelled com polled to say that ft a which they hy hold hid made vias tas em carelessly made noil nod 1 I alide it eal to greater renter care in malding dieci sioni it would not hurt anybody V the grei teEt gaii on oil earth actie haio 0 oa iii hid to tacit back out bud aud it mould nit not buit huit t Q court in chiq case if i they feel that it has baa been done to tray toy iq in ft a manly may that they bialo a and will wall correct it but f it be not a blonder blander it if the ilia docis dobison do oison can waa right them i it is arn ato to clia chango tago ilia law as to existing ing cas cius cass s it if it was a blunder blander fint ri 11 tho the I 1 bunal to correct it an aal I 1 not this thia lai mr are ch mr P pre r eiden it wears wema to mo me that my mend friend frolli broin wi ii I 1 gives of U his hii a nt hi to ane senate that lio lie admits that the bill with this anand ii right mr carlister my ft feud cud will allow mo me an csidA esplan naton aton for one moment menton on that point ith a aorl catl sealant rule of law ti fix in t tin it fat irce it at not been the liw law heretofore nol nail I 1 do not want to punish men who have not acted under it mr sen I 1 think in my y friend gives up tip ill i entire point when lie ho oda admits lits that tho the lill ill is u right beerwa this bill is lie tny any way this half bill does Ial idita edi need hundreds of doros and judgments nib ell havo have been mide nil do by this mi 04 jo that till all of in ili approve it is a remedial set et mr carpenter will avill my friand pardon me once onca more I 1 want I 1 ti cafes that ho he LUB has rao me perfectly tight in gayral si yina tint that I 1 havo have ral alii liitt itt d mint I 1 ought no to havo lava if the bill bal diedt hat it should ut nut pino pass I 1 wai nt awa o c that file bill did this thin mr mf well al mr lot us get act it on logical grounos I 1 think le Ilae lull ball 13 is right ey by the organic law of the territories il there is a provi crovi iu iia anadia for cor a common luay mi an equity jut jurisdiction by abir bojes and by rulan for years aud i oira iri been boere for I 1 or instance an aff execution would lid id ie turned IK onci and there would bo be proceedings b atno f 1 l 0 eli con cobit I 1 in tho the untaro of a bill ol 01 filis dh atry to fi ait oit Jc lind had any ady property no perty aliis was aill ilono under their rules niles kiil anil th cir 1 lore aro are anti hundreds of cf judgments rand a decrees erces m ali it ch are 10 irk t ti 1 at r bation ak and it is rigby ri klat ty to that eliot icell aej ail ti I 1 aji all the so r arto 10 I 1 ilo not think ana anybody body carl question thit it is just acely as 01 it won bouli be if iid an acknowledgment ack nov id ed ildred liil kiil ad loen leen lo accurately almain or at lill baal been acano b officer not lav rag lor 0 r jle J lie mcgl lataro to coule iu in and by a a f liali luta 0 if tiling that is cona jono and mr it t of dt jl all lie litigation tl aliat t has lon bon l on had in the for fir the last Y 1 13 is subject to this identical iden tica I 1 a objection aria and if it ile be the ibe fact that taftt wo we C cai not remedy it nt at off nil by legislation Q wo 0 are ecru airily in a very peculiar lasi fsr lion nobody sit pas a there was nay acy bu aji ii defeet defect io colody lody ody iuppo bod any a y suck such quest god and I 1 do not at believe it would occur to buy lawyer in tho ignac nafe on the alio 1 coot Iwas more mora astar V III a than nation ho decision crime camo tho ile objection is corta certainly technical wo we lot birr e g go 0 on n 1 I 1 he u t any to real a I 1 I 1 emedy it alio le c cobit eoa 1 t and abd do ny DY them the alio 1 p alicae of jui 1 u bede 0 0 if f this decet cannot lie ic lowe I 1 died l it ha is a lery important thing ahing the decision was tendered by it a di I 1 hied autu cobit 4 and I 1 I 1 biuk it without or ar on the pait of those choso familiar mth mith tho act very few cass hid bid come up from tho T alio oi llio 11 0 flues ue ion iiii based upon in a case case idionet amoun was involved and aad tho the IC difficulty got it docs not nutter io in ahat brugo of trio proceedings it is il it does not make mato any the alio haa 1123 appealed to tile tho supreme court nith mith a vies to geling delay or whets irh ethor or I 1 tho h a ca cio c ib ia theta tu to bo be taken up ill next wook week a the v hole body of 11 e highdon Hi ia gidon 9 0 because lio causo the ha bornt arica sit 11 ll bat r cod 1 ty by T ballich the two jur juristic juris isaic dlo I 1 ons one heeded blended they ciaio live nil all pointe I 1 out liow low the law anti and equity equal ju u conferred by the not of 0 bun gretis grebs lo leo 10 land aud vt ahn b n by ilia audgo in accordance A ilia I 1 allm lie leg islA tivo act ct a t he judgments i eland aati of tho the were fully ns its I 1 by the ilia act of congress Con greges it mould so occur to enbody who will read iho act it says gaya tint thit abow copits shall bae common law and nj demty jurisdiction to bo bli ed in as shall bo bylaw by law thatis that is the law w of I 1 iho he territory ahey lioto have axe ciel ci cl that leoner nud atad laws lawi and adjudications laio bao gono gone oil for many cars gilld ia a purely toi ob j anti and if it is ever proper under nay any circumstances to remedy a merely technical error that fleets no nn bial this thia i is the llo ease caso and |
