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Show REVERSING A DECISION OF THE SUPREME COURT OF THE UNITED STATES YftHtcnJay his honor, JamcB II. Mc-K:ao, Mc-K:ao, chief jualioc ol Utah a nil jmitfe of tho thifl district court of thin Territory, Terri-tory, Ktivu dcci.iioriM ia howg cisch arxucd bolbro him kt term. One wia ii motiua to quah pr.KecilinKB id the ca.)0 oi'iiliarp t. Taum:r a., in ch;inu:ry, on the Kr.mnd that proccHs wiw Htrvcil by tLo Territorial marshal, the motiuo Luinx urantt.l. Another van a motion to qua.ih procciiins io t lie ca.ic of l'ivx tt at , o.L'Urk .'(.if., al.io in cliarn:i;ry, on tho ground that pniH wi4 H';rvcl Ly the United 8ut!H in;ir.ilial ; and in this ca-.c the moiion was ovorruld. Thes? motiouH having hco.n argued ami held under advi.-ioj(iQt nineo last term, tlio court has not acted uuacWiaidly ; and h in di:i;i.iion, dainly ftiven, id that the United States marshal a the proper oflhicr to servo all proces.-ic.H io chancery chan-cery in uintf from tho district court. Thiii n about half tho powers which , tho KrelinnhuyHen bill aimed to confer on the U. ii. uiarnha!; and about hall tho powers wliioh judo MuICean onco before conferred oq tho aauio oflicor, by a decision, which tlio Buprenie court of tlio United States overruled. The lannua'o of the supreme bench decision ia: The Organic act authorized tho appointment ap-pointment ol' an attorney and marnhal lor the Territory who may properly enough hi railed tho attorney and marnhal of tlio United Htatcs lor the Territory, fir their duties in tho courts Lava e.iKlutiv.' relation to cases arising under tin- laws and constitution rf the United Stalrn This, judo Mclvoan overrules, and rovoraoa the decision of tho supreme tribunal of tho country. To an unprejudiced un-prejudiced person this hag very much tho appoaranco of rebellion, for it strikes at ono of tho three co-ordinate bronchos of tho govcrnmcLt. In returning a ease yesterday to tho justiuo'a court, ho took occasion to remark, re-mark, after reciting a California authority for not onmining into tho merits of tho oaso, that in Utah the decisions of tho justice's courts liko thoso of tho supremo court of the Uuhcd Statoa oould not bo revised, there boing no appeal to tho district oouvt. Wo think if hid honor will cultivato tho authorities a little more closely ho will find there is such an appeal; as an appeal lioa from a justice's oourt to tho probato oourt, which wo bcliovo tho supreme court cf tho United States has in effeot decided has jurisdiction, although his honor may have, at ono time, given a cjntrary decision; de-cision; and by law an appeal lies from the probate court to tho district oourt, ns it b ri.ht it should do. Wo hopo his honor will pardon us for muking these low suggestions; but as there hcoilh a. determination to mako it appear that the action of tho courts is bluclicd in this Territory, it is ncccs-snry ncccs-snry to keop showing that such ob-ptruotion ob-ptruotion is no fimlt of the laws. When Smallpox patients are removed to tho hospital in Washington, Washing-ton, 1). (.'., thoir bedding and clothing aro takon with them, and kept there. Should tho municipal authorities of Salt Lako attempt anything of a B.mi-lar B.mi-lar kind, and so necessary for tho preservation pre-servation of tho public health, how would it bo received? Tho Washington authorities keep an inventory of the articles, in oaso tho district legislature should ever mako an appropriation to pay tho owners. |
