Show lACKS JURSDCTIN JUSTICE NILSON SO DECIDES I A CASE OF SLANDER Brought By Hida Ian Against Christina Carlsonut File I the District Court I n Justice C 1f Nielson yesterday delivered de-livered judgment in the slander suit of Hilda Isaacon vs Christna Calson in which his honor sustained the defendants de-fendants demurrer and dismissed the case on the ground that a justice of the peace lacks jurisdiction In matters mat-ters of injury to the character and reputation rep-utation The opinion delivered by his nonor is a follows The plaintiff in this case alleges That on the 27th day of July 1898 at the premises of Joseph W Taylor on Wet Temple street Sat Lake City Utah the defendant in a certain discourse that she had with the said Taylor and in the presence of him and divers persons per-sons spoke the following words about plaintiff I Ir Isaacson has ben intimate with other men and has quarreled with her husband about it and wanted t get rid of her husband and it Is r mcred that she gave him poison to get rid of hIm from which he died That all sid word were false and defamatory etc ete To this defendant has entered a general gen-eral denial and subsequently fed a motion in thIs court to dismiss the ccmplant for want of jurisdiction in this court to try a case for slander This Queston as to the jurisdiction of the justice of the peace to try a case of this kind has never been passed upon by our supreme court and consequently conse-quently this court must construe the provisions contained in our statute bering upon the question of the June diction of the justice of the peace in order if possible to ave at the true mEaning of our statute and the n tenton of our legislature as to the power they contemplate conferring upon a justice of the peace In all states the justice of the pace is a judicial officer to try causes ais ing between pates residIng in the pre cno or cities where said justice is elected within certain limitations prescribed pre-scribed in the statute The Justices court being a curt of peculiar and limited jurisdiction cannot exercise any powers by implication but must follow the provisions of the statute strictly The revised statutes of Utah section i 688 provides That the justice of the peace shall have civil jurisdiction within with-in their respective precincts and cities in actions arising on a contract for the recovery of money only if the sum claimed is less than 300 Also in ac tGns for damages for injury to the person etc etc As to whether the legislature intended in-tended to confer jurisdiction on the justice of the peace to try case of slander must depend upon the mea ing of these words already referred to in the statute Whatcharacter of injury to the person per-son doe the statute contemplate LIbel and slander according to Blackstone I arid other elementary wrier are Infractions in-fractions of the rights of personal se curl and are treated by them under the general denomination of injures affecting the rights of the afectng right the person t The rule for the construction of the statute require that the words employed employ-ed by the legislature shall be taken in the ordinary and popular acceptance unless technical words are used and i clcnly appears from the text that they were not s intended to be understood I then we give the words of the statute the fair and ordinary meaning usually attached to them I ant of the opinion that the construction t8 be put upon them would be that our legisa tune never intended to confer upon the justice of the peace the jurisdltton to trycaseswhere libel and slander is al I Jegea in tne cmPant Ad J a of the opinion that them the-m ti n flied by the defendant herelnto dismiss the plaintiffs complaint is well taken and the acton will accordingly be dismissed S The Distict Court John F Free is suing Alexander To ponce et a in the Third distrIct cour to recover 4610 alleged to be deas ba ance of account for services rendered In the sale and procuring of a purchaser of the Monolith group of mines in Lem hi county Ida J R Hurlburt vs August Rawland administrator caue dlsrfsset The transcript on appeal from the dir trict court in the divorce suit of Jacob H Griffin vs Minnie P GrIffin appellant appel-lant was yesterday filed in the supreme court j Probate Order Estate of Jesse J Murphy deceased 11 final account of administrator approved and order of discharge made Estate of William F Alt deceased 1 Jacob Alt appointed administrator on filIng bond in the sum of 450 sta1te of Robert Wright deceased John D Wright appointed adminitra tor under S100 bond |