OCR Text |
Show That Contempt. After adjourning adjourn-ing the injunction suit.yestcrdayjudge McKcan took up the case of tho people peo-ple vs. Thomas Taylor and others. F. M. Smith, for defendants, mado a motion that the complaint be dismissed dis-missed and tho defendants be discharged, dis-charged, on the ground that his honor had no juritdiciion of tho matter as set out in the complaint. If (he action was brought under the statute of JS7I, ' in relation to interlcrifg with mining claims, then a justice of the peace was tho proper party to hear the caeo ; and . his honor could only hear cases where the offences were indictible. Mr. ! Smith made a lengthy and lucid argument argu-ment in support of tho ground taker, and read and cited muuy authorities to sustain tho position. Ho was followed by R. N. Batkin, for the prosecution, who bcld that the complaint had been properly laid under the common law ; that tho district courts of tho Territory had oommon law jurisdiction given them by tho organic act. Judgo McKcan said : A Federal judge in a State has not oommon law jurisdiction, except it is given by statute; sta-tute; tho States have generally made such statutes ; eongrcs?, in organizing a Territorial government for Utah, said that Iho district courts should have common law aod chancery jurisdiction, therefore this court has it to somo extent. ex-tent. If a man had a judgment against certain property, and should find the occupant off tho same, ho could not enter and keep forcible possession, but must let tho law give him possession. It certainly would not bo just to say that he, tho judge, had jurisdiction of the case up to the time of tho forcible entry, but not after ; such would bo a remarkable Btate of affairs. Ho wab sorry that tho jurisdiction had been given him, and wished it was taken away; ho had moro work to do than ho desired; but if the jurisdiction in oasos liko tho ono at tho bar wero taken from tho district courts, and given exclusively ex-clusively to tho justices of the pcaco, thoro would be a sad slato of affairs in mining matters. The motion was ovonulod, Tho hearing of tho evidence of tho oaso will commenco on Juno 5th. Mr. Taylor waB rclcasod on bonds of $5,000 to appear at that tiuio. |