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Show TI1K E.MJLEBRECI1T DICCINIO! We take tho following intercbtiug summary ot this important; deoision from the papers credited: .;. The opinion of the supreme court in the Mormon case, to-day, was predicted predict-ed correctly in the dispatches to the Commercial List night. The opinion was read by chief justice Chaso, and was very exhaustive, reviewing the history of legislation relative to the Territories from the foundation of the government. The court decided, first, that while powers are granted to Tcrri- gresa, congress has no right to pass any class of laws relating to the Territories which it has no right to pass for the government of the States; second, that the duties ol" the district attorney and U. S. marshals in the Territories are precisely the samo as they aro in tho States; and third, that the juries which havo bcon drawn in judge MeKean's court during the past year, both grand and petit, have been illegal. The effect of this decision is to make void all criminal proceedings in tho Territorial court of Utah during tho past year; and render necessary the immediate discharge of one hundred and thirty-eight prisoners, who have been illegally, held at an expense of from forty to fifty thousand dollars, whioh there is no law to provide the payment of, and to affect in the same way all civil cases in which exceptions were taken to the legality of tho juries. It is said that twenty or thirty of these civil cases have been appealed to the suprome court. The effect of the Voor hcos bill is to mako legal in tho futuro what the court decides to-day to have been illegal, and as the general sentiment senti-ment of congress seems to be in favor of letting tho Mormons alone, pro-1 pro-1 viding that no moro polygamous marriages mar-riages take place, if any legislation at ail is euactod, it is doubtful if the bill passes. Tho decision of the court to-day is considered as very damaging to the administration, as judge MeKcau was supportod in the course he took by the President, though attorney general Williams was always of opinion that the proceedings in Utah were illegal. The prosecution of the Mormons was known to be a distinctively administration administra-tion measure, set on foot by tho advice ,of the KeT. Dr. Newman, after his return re-turn from Salt Lake city, where he went to discuss polygamy with some of the prominent Saints. Cincinnati Commercial. Ou behalf of tho unanimous bench, chief justice Chase delivering the opinion, opin-ion, the supreme court to day, in the celebrated case of Clinton H a', vs. Eoglebrecbt, on appeal from Utah, decides de-cides that the jury drawn by the United States marshal, under the laws of the United States, and not by the Territorial Territo-rial marshal, under the loGal laWj was illegal and its verdict void. The court, in pursuing this question, went even further than tho necessities of the present caso required, aud also decided that all Territories, since the first organization, of Territories, have had powers over local matters as States, aud that all juries, grand as well as petit, drawn in Utah in violation of Territorial laws, were illegal; that in this instance the Territorial statute authorizing au-thorizing the manner of drawing a jury had been in existence for years, and that congress, not having annulled, annul-led, had recognized it; that the duties du-ties of the United States marshal and the district attorney were precisely the same in Utah as in the several States. Upon these grounds the entire decisions decis-ions of judge McKean and his court for the last twelve months were reverted. re-verted. It is stated that, as a coroliarj from this decision, all the defendants now in custody in Utah under iudict-incut iudict-incut by thec illegal grand juries, are entitled to instant discharge, and aii civil cases pending in said courts, where exceptions have been duly taken aad entered on record, are wiped out. As : he criminal proceedings, which were pending and have been terminated, have cost about i?J),j, the question id now rai.d as to whither congress wili ai.iTe-'pria'.cthatsum to meet them, it wh'rihrt the United tat-s marshal, who has Attempted to ciecute the man- i dates ofihecouit, shail be mulcted.: The decision create no surprise at the j department of justice, where it was! long since anticipated, aud whre the correctness 15 not questioned. Cicago Tribune 1 |