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Show STILL THAT MEMORIAL- Tlio condition of lltali is fxco pii.nal from that of ail the other Territories, and thiiridijre requires sjrrcial and exceptional ex-ceptional lfgiilaiiuo. Tins truth is niadu uianifu.it hy tlio cour.i of h-jfi-lation by tlio Territory. A reference to the record will entabli-h ihese proponition. First From the very beginning the legirilation of Utah has bc:a inimical to and nubvirnivo of the federal authority within the Territory. Terri-tory. Heeond Tim Territorial legislature legisla-ture has reported to every duviec short of open rebellion, to deprive the governor gov-ernor and judges appointed hy and representing tho federal government, of all power and authority within the -territory. M KM Oil f A L OV IjA WYEB.8 TO CONtlKEHH. Much qh wo would like to get beyond this initial part of tlio memorial and ita lengthy preamble, with which the gallant twenty-six charged oa congress and the executive it is impossible to proceed farther without noting one or two points that still demand attention, in addition to those already dwelt upon. up-on. When again reading this direct ehargo againgt tlio legislature, that "from tho very bugiuniug" it.i legislation legisla-tion has hoen inimical to and t-ubvers-ivo of federal authority, and ihat it has, by "every dovioo shurt of open rebellion" sought to deprive the federal judges of all power and authority au-thority iu tho Territory lor all this i really about tho judges one feels in- I dignant at such a legislature, and rushes to secure the unquestioned proof in tho tdiapo of the statute which it has passed. Turning to the Lawa of 1 Uali. lii'st ebunffir ami Hint sen ion. wo nnd that it begins "Au act in rela- J tion to tho judiciary," with these wordfc: Bo it emoted by the governor and tho legislative assembly of l lie Territory Terri-tory 0 1 Utah: Thv the district. umirH shall exercise unburn! jiiriKilii'.iion.lmih in civil aud criminal ea.-,e.,, when not otherwise provided by taw. They shall bIho have a general supervision over all inferior courts to prevent and oot-reot oot-reot abuses where no other remedy is provided. This is the Orst section ef tlm first act on tho Btatulo book of Utah. Tho aot has been law in this Territory .since IS5U, twonij-.mo years ago, and instead of it endeavoring to deprivo the judges for wo pass I ho governor at t his stnge of any jower or au'hority, it confers upon them somcwh.it unusual powers as will be seon. This Grst acc-tion acc-tion gives them a general supervisory authority ovor all inferior courts in the Territory, and vests iu them powor to provont and correct abuses, should any arise, for which no other remedy is provided. Section four requires the district dis-trict courts to report to tho legislature, at enoh regular session, "all omissions, discrepancies, or other evident imper-lootions imper-lootions of tho law which havo fallen under their observation." The section actually constitutes tho federal judgcB an advisory board to instruct, tho legislature leg-islature as to what amendments should bo made in.existiog laws, what imperfections imper-fections should bo corrected, and what measures roquiro onaotmenf. Has this been done by judges McKcao and IJawloy, tho only federal judges now in tho Territory ? If it has, and euch suggestions havo bcon unheeded, then it is right and proper oonress should bo memorialized for legislation ; if it has not. then ia thn w,nn,nr',n l,;k wo aro considering not only unwarranted unwar-ranted and unfair, but it seeks to cover tho delinquencies of judges that havo negleotod their sworn duty, and oharges tho legislature with what they, and they only.are respinsib!o for. Nowi wo venture to challengo proj of judgo Melveao or judso IJawloy over having dono anything of tho kind, or ever having acted in accordant) accord-ant) with tho provision hero quoted. Vet it actually makes a federal judgo a sort of paterfamilias for the Territory , and vests in htm a power which ought to satisfy any reasooablo mortal. Tho next section authorizes tho judges to report their own decisions, or to appoint a reporter, tho decisions to bo reduced to writing, and filed with tho clerk of the court. The legislature evidently did not eipect to havo gentlemen gen-tlemen presiding as judges who would not know a verdict from a venire. They had faith in tho kind of judges that would bo scot to tho Territory, and considered their matured wisdom wis-dom worth preserving; and in this regard they seemed to havo differed from honorable members of congress, who consider the opinions of tho supremo su-premo courts .of tho Territories not worth printing. But the seventh section is so com-plet com-plet in the vestaient of plenary power in the federal judges that it is somewhat some-what remarkable any lawyer could "bo found, who, with tho statute beforo his eye.?, evuld make such a charge as that which opens this article. It provides: pro-vides: Tho said courts may adopt ait such x rules as they may deem expedient, consistent con-sistent with the Uiw.t'uc prime object of which shall bo to eairy out the purposes pur-poses or the statutes, and to subserve the ends of justice. it must be remembered tbat this is the jirtt law on the statute book, and that in the emt ryotie condition of society so-ciety in which it wns paed it actually conferred upon the ;edcral judiciary great legislative powers, which crm'd be escrcitcd under the guise of adopting adopt-ing rules of practice, by which rules the probate courts in the several counties coun-ties alio had to be bourn?. While it may bo questioned whether the legislature legis-lature could confer the authority which is embodied in this sectiou, there can be no question as to the implicit trust in the federal judiciary which is niar.-i niar.-i tested, and the authority conferred. Section compels the probate courts, when necessary, to change their day of holding court lor tho accommodation of the district court in other wordi, sustains the superiority of the latter wd the inf-riority of the former. Sec tion 2'J dcGoeg the jurisdiction, of the probate courts, and compel them to be governed by the rules which govern the district court. Section 14, page 7i), Laws of Utah, empowers the di-trict di-trict court to sit in any county seat of any county; and several other (ectiona in the eaine act relating to jurors show the desire of the jlegi-lature to cooler upon the federal judges the fullest authority. We have met, so far, two charges out of the eight which the legal gentlemen gentle-men have et down and have out only proved that tho charges are uot bui-taifitd, bui-taifitd, but that in the effort to sustain them thcie has been a reckleua disregard disre-gard offsets, a perveroioo of laoguago, and Uiirt'atetueuu which one oao uardiy imagine were the reeult of inattention or ignorance The rcmaioing six chargea ure baaed annually untmbataL-tial untmbataL-tial fridiK.dd, a we may yet fii-d epace to tdiow. |