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Show UTAH, lie Territorial l'ollcy itml Ita ltrla-tlou ltrla-tlou to the Fetlcrul tJovcriuueiit. Tho oondition of Utah is exceptional from that of all tho other Territories, and therefore requires special and exceptional ex-ceptional legislation. This truth is mado manifest by the course of legislation by tho Territory, and the present orn-dition orn-dition of confusion, disorder and acar-ohy acar-ohy existing in tho 1 erritory, consequent conse-quent upon tho longcoutinued and hitherto uuehecked abuse of thu legislative legis-lative power. A reference to tho record will establish estab-lish these propositions: First, From tho very beginning the legislation of Utah has been inimical to aud subversive of the federal authority author-ity within the Territory. Second. Tho Territorial legislature has rosorted to every device short of open rebellion, to deprive the governor and judges appointed by and representing repre-senting lho federal government, of all power and authority within tho Territory. Terri-tory. Third. It has purposely neglected for tweuty-ono years to pass and establish estab-lish a wholesome, general system of laws necessary to tho welfare of aciviliz-eU aciviliz-eU community; but on the contrary has, in terms and praet.ee, cantoned out the legislative authority to municipal muni-cipal corporations, and so spread and extended aro these, corporations that they include almost ad tho settled lands in the Territory, aud invested them, by elaborate charters, with the most absolute and monstrous powers for oppression aud tyranny. Fourth. It has, in terms, divested of their jurisdiction and power the courts of general jurisdiction, whose judges are appointed by tho federal government, aud assumed to parcel out that jurisdiction io local and inferior cou us, tilled by local appointments or elect ioo, which interior courts it has exalted and made not only co-ordinate with, but independent of the. termer. Fifth. It has assumed to graut and parcel out to a few tavorites, the timber tim-ber in tho mountaics and canyons, and also the usufruct aud control of streams of ruuumg water in tho Territory, rendering ren-dering the body of tho people dependent depen-dent therefor on thorn. Sixth. Instead of providing for, and building up common schools Cor education, edu-cation, it has provided and devoted escheats and cmtiscaiioasi for the use of a hurch, and to brm hither its converts from Furope, by taking property prop-erty in utter disregard of ail rights of heirs and creditors, . Seventh. It has provided extraordinary extraordin-ary and arbitrary rules, whereby the citizen has been deprived of his property prop-erty without due process of law. Kighth. The mcuicipal governments established by it aud spread over the habitable par:s of toe Territory, have established aud put in force e.aborate codes of Ia$, mostly uniform, but most oppressive, vexatious and arbitrary arbi-trary in their nature, and far more so in their execution by means of tribu-1 tribu-1 Uals unauthorized by law. As a oaiural consequence of these long-ooutiom J SI,d nt. ..necked abu-es, the to liwing evils ir9 ct Utah to-day, i and will ouuunue uniu tbe appropriate 1 remedy is appued hy congress: I rirsL Two hostile jurisdictions; one by courts demmg their authority from : i the Organic act, and the other from unwarranted local legislation repugnant io that a:t; both actsiiuiinif and cxer-'ri.iing cxer-'ri.iing unlimited general jurisdiction, at law art W'-ll a-i in equity, criminal as wi.'ll as civil, whereby the administration administra-tion of the law hart fallen into utter ! disorder and confusion, in whii:h a i violent colJiiioQ u liable to occur at any time. tiecond. Two sy-teius of la-; nn? enacted by the governor and h-if i-'ative ao-eixibiy, very incase and wiiolly in-al:q'iate in-al:q'iate to the t:xig':ncii:H of a civilized euujUi'iijity, an'l curiaisUng lor the mod part of ciiarturs, Jraochi.Ti:s, grann ot special and exolu.-ivc privileges, and ai-i-i pn;viding au'rneies and means tor eiiiurciug the o'ber, which cuu.ii.iti in t li eodert adopted by t be numerous municipal corporations which are made to cover the Territory like a piece- qoik. Third. A set of Territorial oilicers who ac'inire and hold their olliccs in a m iLD- r culinary to the provisions of tbi; (Jranic act, ari'i are wholly nub--i-rvif ni. to tho local and inferior Courts. These arc grave charged aud now for the pruoln: KI'ECIFICATIONS. 'fo niilain i ha first and second pro posilioiid of the above statement, refer en ce i:i mad: to the following acts ot the Territorial leni-lattire: '"An net in relation to the judiciary," passed J anuai y 1'J, lS.O.r, page '1'J oi the general laws of Utah. I'lii-t act by its tir.it section gives to tho district courts presided over b rcuerai appointed, buuii jui i.-uwuuh in civil and criminal cases only as is not otherwise provided lor. 'I he same act (8ec. !'.) provides that the probate courts, which are presided over by persons elected by tho vote of tho Territorial legislature, shall "havo power to exercise original jurisdiction, both civil and criminal, and as well in chancery as at common law, when not prohibited by legislative enactment." The attempt therefore to abstract Lho rightful jurisdiction from the courts instituted and tilled by tho federal authority, and to transfer it from tho tribunal charged with it by tho Organic act, to thoue of local character, char-acter, is too plain for argument. This act provides by its tirst section "That all tho oourts of this Territory shall havo luw and equity jurisdiction in civil cases, and tho mode of proceedings pro-ceedings shall bo uniform in all of said oourts." liy this act it will be sect that not only aro the probate courts given powers pow-ers which the supreme court of the Territory has again and again denied can bo conferred, but even justiocs of tho peace have unlimited jurisdiction in equity. When it is explained that in addi tion to the different tribunals whioh aro authorized by tho Organio act, (See. lJ Organic act,) the legislature has organized a "county curt." (1'ago 2Utl of tho general laws of Utah ) Also mayor's and alderman's oourta. (Sco charter of Oreat Salt Lako and other cities.) Tho enormity of this grant to these petty courts may bo appreciated. ap-preciated. Tho last sccfion of the act first rcfer-cd rcfer-cd to, provides (pages 31 and 3, general gen-eral laws) "Thai any matter involving litigatiun may bo referred to arbitrators arbitra-tors or referees selected by the court or tho parties," and upon a hearing before such tribunal it is required to decido tho matter, and tile its judgment, judg-ment, which is to be entered and havo the same effect as if given by the court. The right to a hearing by a judicial tribunal is thus denied, and the right of trial by jury abolished, unless tho court sec tit to grant it. The repugnance of this legislation, not only to tbe Organic act but to tho principles of common right, wo submit, lias no parallel in tho legislative history his-tory of any other country. Tho supremo court of the United o lines Having recently, in tne caso or (Minton vs. Knglchreoht, affirmed lho bindiug force and validity of the present pres-ent jury law of this Territory, especial attention is oallod to the complication and bnrthoosomo provisions of this law. Without entering into an ctabo-. rate detail of its objectionable features, wo will simply state that tho Mormon element havo the oxolusive control of tho selection of jurors in our courts of general jurisdiction, and that for the improper oxcroiso of this control, lor the pirjudices and partialities of tho clement aforesaid against other portions por-tions of tho people of said Territory, there is no remedy or redrosa whatever. what-ever. I Furthermore, it is our conviction , that under tho present system, carried out with tho purest motives and best intentions, tho machinery (so to speak) of the system is so complicated, and in different parts has to be worked by so many different persona, that to obtain ob-tain a jury panol in any case, not justly subject to challenge, will bo very difficult. diffi-cult. That in a great majority of cases such'ohallongo could bo properly interposed inter-posed for defects occurring in simply earryingout, or attempting to carry out tho provisions of the law. And this being so, tho right of trial by jury in this Territory is in effect denied, de-nied, and criminals go unpunished and the rights of tho people unprotected. Keteronae is also mado to page 33, Sec. 4, of An act in relation to Justices of tho Peace. By this section such oourts are permitted to "decide cases without process" when the amount claimed is less than one huudred huu-dred dollars, and by section 13, same pngo, it is provided "that when the amount exceeds one hundred dollars, the justice shall havo the same powers as other oourts of arbitration, and shall ! havo power to enforco his decision thereon, whioh decision shall be an aid of controversy." Such monstrous provisions need no : comment for their condemnation. i ly the act of ISTOsome portions of tho acts referred to aro repealed, but I tho proposition that tho general system sys-tem of legislation in Utah has been subversive of tho authority of the federal government is not affected by this fact. We submit further that in providing for tho filling of the offices of Territorial Territo-rial marshal, (Laws of Utah), page 3; attorney general, 3S; auditor, 75; treasurer, 77; school superintendent, -21; surveyor general, 77; wardens of penitentiary, '.6; directors of penitentiary, peniten-tiary, V'V; notaries public, 214; by the joint vote of the legislative assembly is deliberate violation of tho seventh section of the organic act, which provides pro-vides that all such officers shall bo appointed ap-pointed L-y the governor, by and with the advice and consent of the Territorial Territo-rial council. We also submit that the act of February lth, 1S70, prostitutes tho tight of suffraae by conferring it on an alien woman without even qualification of time of residence, but on the sole condition that they become what is termed the "wife'' of a "citizen," without any limit to tho capacity of such "eitiien" for this new process of naturalization. When it is remembered remem-bered that mt of these women by assuminc domestic relations which are in violation of the laws of congre:s could not become citizens by naturalization naturali-zation in the courts, the purpose of this summary process of mating legal voters of them is apparent. In support of the third, fourth and eight propositions we advert to the absence ab-sence of any statute of frauds, of te-giintioo, te-giintioo, of inheritance, or marriage. Such an niiiaon cannot simrcy te "an oversight, but mast have been intentional inten-tional acd deliberate. We submit that lho ordinary exigencies of a civilized community demand legislation upon these subjects. About tour-fifths of the legislation .if the Territory during its existence for twenty-one years is made up of eh.art.rs to I'.val municipalities and erants of special priviles to indivi , duals, as wid be seen by rv ft-re ice to j 'he vcltioje eimuieii g the g-:nerai I .aw from which we time quoted. 1 We r f.T to the foi.owiat: : J l'irowan e.iy. r iy:-re miles; ! I-!a-d, jo; To-''Ie, 9; cSt George, ::'; Beaver. 3o, lr'al more-, 3i; Grantsvi:!-, I; Coiiv.i:-'. -o; I'eserct, ,;.o; tauth-fi tauth-fi d , 16; Fn n . i n . IS; H rti m. y; M.xdon, '-'; Wizard, 6: ashctoD, 2.'; Cedar, 3-5; Lehi, about 16; Ameri can Fork, I'', Plea-ant Grove, 40; Hrovo, 5; fcpringvi:ie, -';; Hpaoi-h Fork, U'j; 1'ay-ion, Z'y, Mao'-i, lo; ftalt j Lake, 7; Nepin, 16; Aine, 4; Os len, Loan, 10; Weilivue, 16; Moroni, ; 4"; Hriham, 12: Richmond, 16; Kj i vnle, 1-, Kphraiiil, 1-i Ml. lVaaut, 16; spring, 16. K.ta:i tiure are givcu when po-.-ibl:, iu other -ca.ics natural ohj-'.-'s, , and not di-ianees are given lor bound-?, out liie aggregate H prouubiy fir greater than h':rc staled ' To show how comprehensive the plan is, it uiy I be mentioned that in going south, the traveler enters the corporate limits of j Lent when he enters Utah eouuty, and 1 from that into American Fork and so I on into FU.-a.-am Grove, Frovo, SpriDg- ville, Spanish Fork, Fay son, etc, i passing out of one only to enter an-i an-i utli-.-r to that through the length of the ' coumy he is within corporate limits, I though for mucii of the distance he is I mi!':s lr.m any habitation, and for the entire di-tancc of three or fuur hun-dn.-d miles sou'h to ft. George, as a general rule, be is within the limits of a corporation when he is not on the desert. Tho next step in this process was to canton out the Uriiislativc power to this sy-tem of municipalities, which was done in lho various charters, and their numerous local legislatures proceeded und-;r them to establish and put in force an elaborate system of laws which are mill kept in operation. A reference to such charters will indicate what enormous power have ' been assumed and exercised under ' them, so comprehensive in fact that Uie legislature una uevcr iuuuu il w-pedient w-pedient to pa.s any law in reterence to the crime of assault and battery, and many other subjects of general laws. Thus tho legis!ativo powjr which was by the Urgauio act (See. 4) delegated exclusively to the governor and legislative legisla-tive assembly, with a provision tor tho submission of all laws to congress, (Sec. ti.) has been reduletratcd to these irresponsible bodies without any check or participation by tho governor, or any means for their submission to congress. The next and final Btep in this process pro-cess of independence was to provide judicial machinery for putting into op-eraton op-eraton this system of local codes, without with-out any check or control by appeal or otherwise, by the oourts of general jurisdiction provided by congress and tilled by federal appoinlmout. The ontire judicial power of tho Territory is by the Organic act (Sea. 9) vested in four grades of courts, via: A supreme court, district courts, probate courts and justices of the peace. But by theso charters mayor's and aldermen's courts are created aud the judicial power cantoned out to them, with justiocs of tho peace to put in force their separate machinery, and appeals from them aro only allowed to the probate pro-bate courts, which, as has been seen, are invested for this and all other purposes, pur-poses, with appcllato as well as gen-eral gen-eral original jurisdiction, orimtnal as well as civil, in chancery as well as at law, to the exclusion of the district courts, By these means there have been established, es-tablished, and vigorously maintained in Utah, an independent system of laws aud an independent judiciary, to which all the local authorities and local ministerial officers arc wholly subservient; subservi-ent; among whom aro thoso invested with the power to select and summon all jurors, grand as well as petit, for the administration of Territorial lawe in the district courts. Hence the ad-minist:ation ad-minist:ation of justice has fallen int: utter disorder and confusion. Persons accused of crimes and committed to custody by tho district courts or judges are discharged on habeas corpus by tho probate judges. The probate courtE assuming as law, that all acts purport ing to conlur juripdiction upon them, not disapproved by congress, aro proved by congress, aro exercising al over the Territory unlimited jurisdio tion, original and appellate, criminal at well as civil, in chancery as well as at law, which these various acts assume to confor. In them equity is blended with remedies at law in one and the same case;graod jurios aro empanelled, indictments found and tried for every grade of crime In some cases prisoners under accusation or trial upon such indictments, in-dictments, havo boon discharged or held to answof, as tho showing required, re-quired, before district courts by the district judges on habeas corpus. And in all this confusion, though often de-oided, de-oided, no question is determined; but everything is moving on in tho full tide of disorder, towards a violent collision, col-lision, which must result if oougress fails to interpose by appropriate legislation. legis-lation. As relates to tho fifth proposition, the various acts granting to legislative favorites "exclusive control" ot'strcams of water, upon which largo settlements depend for irrigation and other uses, and of timber, and the canyons by which access to timber is had, aro too numerous to be specified here; but in addition to all these special grants, thero is a general provision to effeot exclusive ex-clusive control of all other timber, wat.r power, and streams iu the Territory, Terri-tory, provided in the 7th section of an act creating the office of selectman and county courts, and defiling their powers and duties, page 206, scolions 7, 8 and 'J, which grants to tho county courts tho " control of all timber, water privileges' or any water course or creek, to grant mill sites, aud exercise such powers as in their judgment shall best preserve tho timber and subserve tho interests of the settlements in tho distribution of water for irrigation or other purposes. Graots or rights held under legislative authority shall not be interfered with." Thus the special grants which include the most important import-ant streams, and most accessible timber, tim-ber, arc made absoluto and free from all interference, and all the rest is committed to the discretion of the county courts. If any one should ba surprised at the extent of the assumption, assump-tion, and doubt the power to enforce it, with all the machinery and forms of local government acting as a unit, let him consult the actual oourts in Utah. Among the anomalies of legislation reference is mado in support of the seventh proposition to the following act which is hero copied, that no one may suspect that injustice is done by construction of it, viz., page 50. CHAPTER XXL "An act providing for the management manage-ment oi certain property. "Sec. 1. Be it enacted by the governor gov-ernor and the legislative assembly of the Territory of Utah: That the probate pro-bate judge in each county is empowered and required to take possession of all property left by any deceased or ah-scondent ah-scondent person, when there is no legal claimant known, or sufficiently near to see to it in season; and shall forthwith apprise and make two lists of said property, and keep one on file, and furnish one to the treasurer of the Perpetual Kmigrating fund. ' Sec 2. It is hereby made the duty of every person having such property in his possession, or knowing it to be in the possession of any other person, to report the properly forthwith, forth-with, and the name of the person in possession thereof, to the probate judge of the county where said possessor i- at the time; and said judge shall lake pos.-es-ioa of ?uch property as socn a- practicable, and proceed therewith aj required above. "See. 3. Ai me earnest practica- 1 blf due. the prosaic iuaue shall piaee , sail property, or the avaiis thereof, ia 1 tne posse.-sion of said fucJ, trie value tiereoi toiemaio tjere until proven away by a "ejil cla.ruant, waea said judgi shaii g.ve an orcer therefor oa the treasurer oi the fund. Sec. 4. A failure to comply with 1 the requisitions of this act nny be ; pu:;i-Lej 07 cos;s, daraaes, and line, 1 a.iU-jiad ly r.'jy court hiving jurisdic- 'Approved January 20th, 1551." I; ua-L'ts q; by sua; mens a piry ruiy or what d'per.deLt lauii.y 01 j is' cr-:i;: rs he may have, or Dy hi; pre.-.-u - Le b caa,c un "xL- M.-oQuect." tr.e 1 r.'i'Ve j'idc? is aa-.hn- ' "Z'd co se:z.- the r:i.'i'ir:y " kit." an- I pra.jt' ;i a; .-.is wwu u.:re".i m.-sc.l it a: J h:s own price, ad "at ti.e crira s; pra.-Eie-il-'e da;c," p!:c: the Sanie or ::s avails "in possesion ot" a "fond,' 1 not a public officer under official bonds; and w'tj--n "proved away by a leiial Claimant" his remedy eads by getting an order on a "man in buekram." The nature of limitations, approved February l'--h, 172, under one construction con-struction of it, w;ll, if not disapproved by congress before February loh, isTI, bar thenceforth all remedies for wrongs of this c as-, as well as many others which have w-eurrt-d more than three yeard prior to that time. In support of the eulnh proposition I we woud tay lhat ju-tices of the j peace, by the act referred to, (Sec. 15, pa:;e 33 ) are empowered 10 enforce ai titrations when the amount in con-trover-y exceeds one hundred dollars, 1 and their decisions are made final- The mayors ol 'uorporainma are au thorized to exercise the ruht of emi-ncat emi-ncat domain, (an aitritute of ov erignty. ) by taking private proper'y for public uses anywhere within their corporations, without any cheek to oppression, op-pression, f "ee charters of Salt Like, Frovo, ere ) The by laws aud ordinances ordi-nances of these cities authorize ihe seizure and destruction of the pioperty of ihe ciciz-jQ"; the case of Knglebreeht tt at. V6 Clinton e( at , recently before be-fore the United States supreme court originated in a yroeeediDK of this kind. It may be asked why are not all these matters decided and determined by tho disliin and supreme ourts of the Territory? Some of them have been, but nothing is determined 01 settled in Utah. It is assumed in favor of an independent inde-pendent and separate judiciary, an independent in-dependent military organization aud inilfNnd'nr leoi-lntinn t hit all tht legislative acts tending to establish them have been submitted to congress, I and that coDgrc-s never having disapproved disap-proved of any of them, has by acquiescence acqui-escence approved them all, aud a remark re-mark of chief justice Chase in the late case of Clinton et al. vs Knglebrecht ti a., is relied on to support this assumption. as-sumption. In eo' elusion, there being no grounds for a hope that tho legislature of Utah will change its policy so long and systematically pursued, tho only remedy is with congress, by disapproving disapprov-ing all hostile, unrightful and improvident im-provident legislation, and by positivo legislation to bring order out of confusion con-fusion and harmony out of discord, .MEMORIAL. In view of tho above faots, wo the undersigned, members ot the legal profession, residing in tho Territory of Utah, would respectfully memorialize the senate and house of representatives of the United States, in congress assembled, as-sembled, for such legislation as will remove tho evils we have pointed out. Wo are not tenacious of tho manner in whioh this shall bo accomplished, but earnestly ask your honorable body to deviso some means by which we may bo relieved of tho difficulties indicated. Any legislation having in view the speedy correction of the evils wo have presented, wouid meet with eur Bin-cere Bin-cere approbation, and ai in duty bound your memoralists will ever pray, J. Tt. Rosborough, R. II. Robertson , ' D. C'ooi.or. C. V. Uonnott, ; Win. ;iv,l(n, C. K. Gilubrist, K rank Til rord, C. U- Motkiiii, , D. J. Touhy. X Hoi. 1. MoUunljr, K P. Johnson. J. N. II. 1'ntrk'M Win. llyn.liunn, Win. 1'. Aupleby, Jaiaoa -M. Car tor. X M. Kirkimtriok, X ThumiLs Mitrslmll, Jno. H. Mc-liddo, ' Jonathan C. ltoylo. Warron Kuril, 1 Wm. C. Hall. ;. E. Whitney, J:is. (t Siratt,v Woils Spicor, ' ( W. W. Geo, It. .N.Basliin. |
