| OCR Text |
Show Tlltfi M t) II It i U N 0 ifi UUltE. It is said that in a certain California cily, where tlio newspaper proprietors aro tied up with the various rings which ulllict tho country, editorial writers havo this standing order "Wiicn in want of a topio, pitch iuto tho Mor-: monp." Just now this is a good part of our administrative policy. Tho executive ex-ecutive and congress, when in want of a subjeot, instinctively turn toward the Mormons. One moro attempt to solve the much-vexed question of judicial jurisdiction is to be made in congress; and Benator Frolioghuyscn's expedient is, with other piano, to bo considered to-Jay by tho senate judiciary oommit tec.- Whatever olse happens to the Mormons, they will not perish for lack of attention. If it were not for tho conflict of Mormonism, per se, with the general spirit of tho laws and institutions of the country, wo should never hear of tho difficulties which aro felt in reconciling recon-ciling United States and Territorial laws. Just now tho chief trouble is over tho jurisdiction Tci-Territorial Tci-Territorial courts. The main question ques-tion was raised in tho well-known Engelbrecht case in this form : Have the probate oourta in Utah jurisdiction in criminal cases? It was answered in tho affirmativo by the United States supreme oourt, chief justice Chase giving giv-ing the unanimous judgment of the bench. Such an issue would not be raised in any Territory but Utah; but tho administration, with a happy faculty for taking hold of questions by the wrong end, would not at first discuss dis-cuss tbo legal view of the case at all, but instructed its officers to elude it altogether and proceed as though ne such question could be mooted. Justice Jus-tice McKean decided that the United Statca court had original jurisdiction in common law criminal oases, and that the Territorial enactments touching such matters were substantially null. Met by the decision of chief justice Chase, this curiously arbitrary assumption assump-tion Jell to the ground. Now. Mr. justice Hawley, sitting in tho United States court in Utah, has, in effect, reaffirmed re-affirmed tho McKcan decision, which was overruled by the United States supreme court, last winter. Fie holds the legislative enaotmcnt to bo void. ' We shall never bring order out of ohaos in Utah at this rato; this is simply judicial anarchy; and this is what congress is called on to euro. It is, in truth, a hard nut to crack. According to chief justice Chase, the Territorial governments are organized : upon the theory of leaving to the in- j habitants all the powers of self-govern-! mcot consistent with the supremacy of national authority and certain fundamental funda-mental principles established by congress. con-gress. The chief-justice also said, in iho Englebreeht case: "Iu all the Territories Ter-ritories full power was given over all ordinary subjects of legislatior. The terms in which it was granted were various, but tho import waa the same in all." Furthermore, he said, speaking speak-ing of tho Territorial courts: "congress makes do attempt to confer criminal jurisdiction on any court; but leaves ail criminal matters, including tho mode of drawing jurors, to the Terri- j torial legislature." Under such a construction con-struction of law, therefore, tho Utah legislature organized, in 1855, probate courts, on which were conferred original orig-inal jurisdiction, both criminal and civil, as well in chancery as at common law, when not prohibited by legislative enactment. Congress never disapproved disap-proved that act of tho legislature; of course it must stand as law until it is so disapproved; especially as the United Uni-ted States supreme court haa expressly reaffirmed (in tho Englebrccht decision) decis-ion) the principle that a Territorial legislature has control over this as one ot the ordinary subjects of legislation. The probate court law was enacted in 1655, and the jury law in itto'.i; a simple sim-ple disapproval of congress would have annulled them. They never were so disapproved; the reasonable inference is that they wcie approved by that boiy. W c do notdi;cuss now the expediency of permitting the legislature of Utah to erect courts which shall have original origin-al jurisdiction in criminal common law. But there is nothing in the organic act prohibiting the legislature from exer-ciiimr exer-ciiimr that right; everything points, as chief j j.-ticc Chaic indicates, to the theory that the territorial legislature is cluihcd with full power over ordinary subjects of legislation, of which this is one At any rate the Utah legislature legisla-ture exercised that power seventeen yi' trs aco; and enngrc-s has never disallowed dis-allowed it. iTet, fu.h being the law ( prolirite courts being given criminal ju-isdietion'i, U. S. justice Hawley decide.- ihat ' a ;t the of January 17, JS55, i- null and void because contrary to the organic act." Ic is justice Mc- Kean over again. Tho organic act , says the probate and other courts shall . have such juridietion ai "shall be limited by law." That limit was not , fixed by conurcs in the organic act; nor by any -ucequent enactment; this duty : vras left to the territorial lfeihfure, as nrn of tho "nHiasry suhjee's of iegi;- l-.tion:"' st! it has been so regulated, j The L'nitpd Spates courts have no com- I men Itw jurisdiction in criminal cases, j F.TJ5 K"c. Mr. j-i-i:ee Hawley says I the if-rrirorial courts ha?e net, there-: dire, tiiore is none io U'ah. This;? ' rior.'y artarjb.V. Thu Uuir-d State.-suprir: State.-suprir: c.-ar'. nil: overml.' ?u:h a vk- ; ItTit d-eisioa th:?, if it ever reache ' it. M-jsr.ifme, W us ro if congress c-innor reduce the judicial diiiocaiicn- V. Tribune, Feb. &. I |
