Show the courts of utalia azid terri legislation in regald to klicsu there is is no subject of more interest art anu importance to the citizen i than the well defined limits and jurisdiction of 0 those tribunals tribunal by which aich his rights of person arid and pro deity city may be e affected or in fit any way called in it question the difference betwee i a free aind enlightened government arid and one that is oppressive Oppress iv a and tyrannical is perhaps more plainly evinced by the administrations of their courts than by tl the e exercise of any other power in fit the state and no government can become altogether corrupt or oppressive as long as her courts and those who occupy the benches of justice i eman free and uncontaminated by the ahe corruptions corrupt ions and abuses which may exist in other departments of government for or while they remain thus they conr a bulwark resisting axe cutie usurpation and leg legislative Isla tive tyranny upon the subject or Ci citizen tiLen without concurring therefore in it the ariti cufar or personal allusions aich called forth the hie remark we heartily concur in in the opinion expressed not long since by our of t the in gregord reg ord to the purity that should mark the judicial ermine we cannot however coincide as fully or in n any essential particular m with ith the same journal in many maily of the opinions and statements ments expressed it a recent editorial in regard to the 11 of justice ji stice in utah we think that the writer of the article mentioned has misapprehended apprehended mis we will ivill not be so uncharitable as to suppose that be intentionally the powers which congress by the organic act conferred upon the different dif c curts courts of this territory lern tary the law of congress is quoted correctly lilt hilt the construction placed upon it and the deduce deductions ious and in regard to go it we think erroneous and from these we me honestly dissent and though perhaps less qualified than our co temporaries of the mountaineer I 1 to discuss a q question fuestion ue stion of law or courts we venture modestly to offer sone some opinions upon the points at issue issue though in opposition to professed legal attain attainments matits and knowledge in such points section nine of the organic act is the one that provides for the establishment of the different courts organized by law in this territory it also defines to some extent the jurisdiction and powers which the different courts shall posses sand when this is not lot donette donet done the be name ot of the court itself by abafo anafo gy to the some same courts long usage and practice limi ts and defines their jurisdiction the system referred to invests in the supreme and district courts respectively common law and chancery jurisdiction but it does riot not confer like power er on oil the pro bate court and the fact that it does not is proof that congress did not intend that tile probate court should exercise concurrent jurisdiction ris with the district cowl court in in mattl matters ra expressly delegated to the latter A general I 1 rule w ne a believe in the construction of statute I 1 law lav is that when a power is is expressly I 1 granted or a particular an mode adde is 13 prescribed by which any right or authority shall be exercised that the delegation orthis of this howerto pow er to any ally particular court excludes arid and debars all other courts from the exercise of like authority tho rity it if this principle and the reasoning on it be correct congress clearly did not intend tint that the probate court which they provided for in it this territory should should exercise chan tery and con codamon varion law jurisdiction in it common w with ith the district courts or they would have ibe power to it in in the same mani ner er that they did to the district courts of helhe the territory silence iq in a case like this is is virtually ir to or deny the jurisdiction claimed for the probate court we sometimes hear persons persona speak in in praise of strict constructionists let the principle be applied to the quest question loil of the jurisdiction of courts here fiere and it will be seen on what slight foundations the powers claimed furulie fur the probate court rest but it is is contended that as cong congress ress has not jr in the organic drganc act defied defied the jurisdiction of probate courts nor prohibited them from the exercise of the powers granted to the district courts that the territorial legislature Legisla tuie therefore possesses the power of declaring what its jurisdiction shall be bat did congress in in the organic act intend interim to confer any such power upon fit alif legislature of the territory cry if so go then why beald alid they give the name of probate to A court of unlimited limited and undefined jurisdiction and whose powers might be availed to stilt bull the varying tastes and crude notions notion 0 of a 3 territorial legislature I 1 can sin I 1 it be supposed for a moment that a body of men aten such as 3 the of 0 W tas as composed of were guilty of so au art art ot of oily folly me like thiap this or that they won d have applied such a misnomer mer to their own creation as to cill call it by a I 1 name a a certain and exact ili in its sign signification if they only intended antei ded to create something to m chich hibb a hundred other na names mes w apply as well veil and even better it is is folly to lo reason thus and surely congress in in pio providing viding for the of probate courts here m ere guilty of no such folly as we me have named i a mod something it is is true may have been left to the territorial legislation in in the organic ga n ae a act ct they b had ad tile the power of prescribing bit tile the particular lines and the rules by ah aich ch a probate court should the powers it possessed but not of extend extending illg these powers illimitably and to other matters unconnected with its legitimate and na natural tural province for cavil about words a we me please the word probate 11 in it our language and ili in legislation has an exact anti ano technical tech necal meaning v and refers only to the proving of wills arid and the management of the estates of deceased persons every dictionary that we have haie ever seen f om webster down dov n gives this as the defini tion of the word in in our language and any law nv riter that we ever heard of conforms to this sense of the word in in creati g ct cf the powers of probate courts and if this is is the general as well ell as the strict arid and technical I 1 meaning and use of the word th thi conclusion is is irresistible that the territorial le legislature in granting to the probate courts of this territory jurisdiction beyond what is implied by tile term itself at ai d by the pow powers ers of such C courts as they the are a almost im os ur constituted assumed a power of legislation incon inconsistent with ath and contrary to the provisions 0 of f the organic act nor or is is tile ahe forre force of this e conclusion at all impaired or bielien by the fact that one or two w 0 of the states of this union have granted to probate courts a tion beyond beyond that which i is s co commonly ammo illy vested I 1 ili in them or it if we may ventu venture a upon the use of a law phrase m aich they exercise in in pro opril pi X in jure re A territory is is not a state and is is not on an e ecial list footing m with ith the states as it regards 9 ards absolute local independence in in the management of its domestic concerns in its powers of legislation and ili in the organization of its government laws anti anil courts it i is 13 sub lubsen serl lent arid and dependent upon the government creating it existing in in tins this respect in a capacity similar to that which a minor bears to his parent or guardian A state bring being independent dependent ir in in all local matters can call or its 13 courts a and lid grant them such jurisdiction ris as they see proper but if the I 1 general government in in establishing or providing for file establishment of courts in a 1 territory define the powers or give to the courts winch which the they Y create a name which in in I 1 itself is is indicative of their pow power er the legislature I 1 li of tile the territory is is thereby precluded ded from varying barj ing or changing the jut is diction of such courts contrary to the intention of tile flow power er creating them but it is ij contended that if congress in the exercise of the power which it possesses of annulling the laws paused passed by a territory fail to exercise this power all defects and in ili consistencies of legislation are thereby waived w adiv and cured this may be true as far as congress is concerned but it is one of the special provinces of judges appointed appoint ed to preside in territorial courts to decide whether the he legislation of ten bert irones is consistent with w ith the act organizing the territory and which has las the bindi bind g foice of a constitution while it remains such the power of fedrial judges adges in the territories in this respect is precisely analogous to the powers of the supreme S court of the united states slates in in regard to the constitutionality of the laws passed by congress except that at an appeal can be taken from the decision of the territorial ti crittl judge whereas the decisions of the supreme court are final we intended saying something in lu this connection about some remarks made in in the it in the editorial which A aich has been already referred to respecting spec ting the exercise of this pow power er by some of the federal judges here but as our remarks have already extended beyond the limits ong anally intended and as the strictures in the article namee damec appear a pear to have been dictated more by petty malice than by reason we will let them pass as we should the entire article in fit the in regard to the jurisdiction of courts here berey as it is a matter that lias has undergone judicial determination |