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Show A JUDICIAL ERROR AND ITS CONSEQUENCES. KatIj iu tho yuar IfiTO tho then UoiiiiJ States ditttrict attorney of Utah, at tho iiiMtijfauoQ of J. MiltOD, Orr, United Mutes marlial, ' moved a quo warranto ti. Jo ha D. T. Mo-Alliht'T, Mo-Alliht'T, Tcrritoiial marb'ial of Utah, to oust him from that office, awl to i.ecupy it aud perform iu duiiiij liitiisull', thui enabling en-abling hiiu to (iuchartfii tho duties ol bjth l,'uiti;d Stales and Territorial rmmhal, and Kctdoublc fees therefor." JHdgo tli oraLizatioD of tho first Territory of tho United States io 17iM no hiieli ijuc.itiun wan ever raised, and tho wonder now ifl how any U. S. diatrht atturney ould have moved if. It via utterly without authority of the nttorncy Kouernl, aa tho record of his offioo will prove. At that timo tho orKauia ofiartor of Utah defined the duties of tho United States marshal aa follows ; There shall al.-io he a marshal for the Territory appointed, who Hhall hold his ollica fur luur year, unions sooner roniovud by tho President, and who mIi all execute all proGCHM-a itsuiog from taid courts wh':n cxuruih.QK their juris-(lietidt) juris-(lietidt) u.i circuit and district courts of tho United rim ten; lio shall perform t ho dim, I'd Munjeet to tho Bame renuhuiuns and penalties and bo entitled en-titled to i ho n:imo lees a.4 the marshal of tho district court of tho United Heater) Jut t ho preneiit Territory of Oregon, and shall, iu uddition, bo paid two hundred dijllurrt annually us a oom-licnHatioD oom-licnHatioD for oxtra services. And tho Territorial laws fixed and defined tho duties of tho Territorial marshal as follows : AN ACT IX DELATION TO MARSHALS AND ATTOUNEV3. Section l. Bo it enaoted by tho ptveruor and legislative assembly of iho Territory of Utah, That a marshal r hull bo elected by a joint vote of both houses of tho legislative assembly, whoso term of oQioc shall ho one year, uuless Hoouer removed by tho Icyisla-tivo Icyisla-tivo assembly, or until his successor is elected and qualified. Said marshal hhall, bcl'aro cutcriug upon tho duties of liirt oliioo, take an oath of oUioc, and lilo bond with securities in tho pmiul sum of uot exceeding twenty ilumsaml dollar:4, conditioned for the faithful disuliiuxo ol his duties, which bond with t-ecuruie.n in to bo approved hy (tio seerettiry ol too Xuiritory, auu filed in his olhee. See. 3. U bhall he tho duty of tho mar.-thal, or uuy of his deputies, to execute all orders or processes of the supreme or ditrict courts in all cases an-iug under iho laws of tho Territory, Terri-tory, and bueh other duties as the exc-cuiivo exc-cuiivo may direct, or may ho required hy law pertaining to tl o duties of his oliiee. 'J'hus making their several dutica as Heparuto, distinct and clear, as those uf thu United Stales marshal of Illinois Illi-nois aru from tho eherills of tho various vari-ous eouuties in Illinois. From 17S4, down to this motion of this United States attorney of Utah, no man any-whero any-whero had ever questioned the right of tho Territorial legislature to elect and select the executioners of the local laws of the Territory; Ter-ritory; when tho dulioi of the Uuited S:atcs marshals wcro merely to serve processes, in which the Uuited States wcro a p&rty. Chief justice Wilson, an adlo. h'nr:i nn.l !." not familiar with Territorial governments, govern-ments, unfortunately decided to grant judguiuut iu favor of Uuiccd States marshal Orr, vs. McAllister, tho Territorial Terri-torial marshal; and soon afterwards was removed because ho would not take hia decisions fioui WiU. Shacffor, a man broken in body and shattered io mind, sent to bo governor of tho Tor-ritory Tor-ritory of Utah. The ucw supreme oourt composed of Molican, Strickland and Ilawley, affirmed thit judgment, ousted MoAUister and placed J. xUitton Orr in his placo as the only marshal to seavo all processes, both under tho Uuited States laws and Territorial laws. Now mp.rk tho consequences : J. Milton Orr beciiuo and is lo-day a defaulter to tho United States of over $4,'JU0, out of $J,(J0O P3.id to bim for uanuul expenses; and if the sab treasury treas-ury law was enforced ho would bo convicted con-victed and imprisoned for this defalcation. defalca-tion. Execution against him and his bail is now in ihjimud-i of his successor, succes-sor, M. T. Jfatrio'i, and has boon for mouths; as, the records will show, and tho money duo the United States is not collected. This judgment of course was contrary to law, as the supremo court of the United States decidod..io the Eogel-brcoht Eogel-brcoht case iu tho following quotation quota-tion : (Jo relerei'iCO to tho act organizing that Territory, we find that tho duties of tho marshul were to be tho samo as thosooftlie marshal for tho district court of the United Status for the Territory Terri-tory of WiMvtiMii. On rcferenco to the act organizing tho last named Territory, Ter-ritory, the outlet, liabilities and lees of tho marshal were dcMJribjd to be tho samo as those of "marshal of the district dis-trict court of the United States for the northern du-trici of New York." Hence the words "marshal of tho district court of iho United States"' have crept into the various acts organizing these Territories, liut the description of the court which was proper in a State would be improper tu a Territory. Hence it follows, as a matter of courso, that.all juries drawn by J. Milton Mil-ton Orr, and marshal Patrick, and all proeotrjcs served by them (except in cases where tho United States is a party) are utterly Dull and void sinco May 1'2, JsTO; and such is the direct decision of chief ju-niae Chiso io tho EogoIbreoTt case. If the United States district att ti.cy sought to make "coo-lusion "coo-lusion moie confounded," he achieved his object, for tho s d results of this gravejudicul error, wi'l not be wiped out of the tecoid-i of our courts frr the next hi!! CCiitury. Tha last,, and n.,.. sad, rCsUIt of this vrUiuiI trror, his jiut now appeared, ap-peared, in the u.cisiou at the present term of 'oourt by chief justice MeKean, directly iu the teeth of the supreme court of thj United States, that Territorial marshal McAllister, who ha? been acting as each sia:j the Engel-brtcht Engel-brtcht decisiuo, ha- opened court, served ser-ved all its processes, and p?rtbrmc J all his duties, is no' a Territorial marfhj,' and cannot draw a jury or legally perioral per-ioral any official act. Thus holding tenaciously to a peMiio dec! -red false by the supremo trib'.tuat of the country, and periling the 'bj'ia-jis int-irest5 of tho Territory rather than recede where to do so would mark a noble mind that had fullcn inionn error, but sought to recover itself as scon as tho error was discovered. tie practically aks the bar to proceed with trials, day by day, and let verdict bo rendered that he must instantly Bet aside by bis own laws, and judgements bo entered that are not worth iho paper they aro writ- I ten on. No winder, that in view of this scene ef lawless confession, chief justice MeKean adjourned his oourt yesterday morning, directing the members mem-bers of the bar, like Alexander Hamil- i ton, to go home and study geometry or tho Bible, and learn id the latter book ta "posscds themselves in patience." |