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Show IN A FIX. His Honor Chief Justice McKaan oontiuues the policy of "Mas-l "Mas-l terly Inactivity ,' And is in no hurry to accept the County Court's Invitation. Mr. Xounnan, clerk of the Third District Court, addressed a communication communi-cation to judge McKean, in regard to the action of the County Court of Salt Lake County, in having appropriated appro-priated five thousand doli.irs for bulling bull-ing a court in the Cuunly by judge McKean. His honor replies to bis clerk through the medium of his organ, or-gan, the first intimation of the matter, mat-ter, we think, which that sheet has published. The letter to Mr. Noun-nan Noun-nan is a curiosity in its way, and should havo a wider circulation than ithas yet obtained, so we reproduce it: Salt Lake City, March 11,1871. Mr. Nounnan, Clerk Third District Court: Silt: Yon have called my attention to the fact, that on the llth ius-t., the authorities of Salt Lake County impropriated im-propriated the sum of $0,000, " t) pay the expenses of holding a district court in aud for said county;" and you a3k for instructions in the premises. premi-ses. I answer, that al through, as I am inlormed, this is the first m-stanee of the kind since the organization of the Territory, still the county authorities have a legal right to malm such appropriations; ap-propriations; but your duties in the premises are not during the present lerm oi wiun, auecieu lliereoy. There are two regular terms of court in each year, in and for this distiict, commencing in March and September, and appointed in pursuance pur-suance of Congressional legislation. They are for the trial of cases arising under the laws of Congress, as well as eases arising under the laws o' the Territory. They are not held for one county, but for the whole district, consisting of nine counties. About fifteen years ago, Congre.3 provided that a Judge of tbe Supreme Court of a Territory might hold court in any county, etc.. "for the purpose of hearing and determining all matters mat-ters and causpfl, except those in which the United States is a party ; Provided, Pro-vided, that the expenses thereof shall he paid by the Territory, or by the counties in which said eourt i" may be hekt, and the United States shall in no case be chargeable therewith." Other Territories long since availed themselves them-selves of this statute, and provided for terms of their district courts, in and for each county. In Utah, however, the terms of the District Courts have always been held for a whole district, and not for any one county. Never, until the day before yesterday, have either the Territorial orauy(ounty authorities provided for the payment of the expenses of any District Court"' held for a county. On the 9th instant, as you know, : the regular March term of the Tnird District Court was commenced. It stands adjourned to an early day, and in the meantime I am considering some important cases that have becu submitted after argument. The pending term is for the whole district nine counties. On the calendar are between three and four hundred cases. In some of them the United States are a party; and many of the Territorial cases arose in oilier counties coun-ties than this. Such cases cannot In1 tried at a court held for this county alone. Mr. Hollister, Collector of Internal In-ternal Revenue, has reported to the Federal authorities about four hundred hund-red violations of the revenue laws of the United States. The offenders can be prosecuted only in a csurt held folia fol-ia district, and not for a county. The ! county authorities cannot, indeed, no power but Congress can limit the pending term of court to this county The county sheriS cannot summon a jury from the whole district, and no jury that he could summon in this county could serve for the whole district. dis-trict. When the business of the regular regu-lar March term shall have been il id-posed id-posed of, I shall be ready for any other duties required by law. Respectluily yours, James B. McKeak. We dare not accuse his honor of over anxiety to get this multiplied business disposed of; still, it is pleasant plea-sant to contemplate that he has a court which can attend to it, a court supplied with all tbe requisites for a proper adjudication of these numerous numer-ous contested cases, and tbe trial of causes where offences have been committed com-mitted against the laws of the United States. That he has such a court for the District is very evident from the tenor of his letter, and it makes us marvel that men should so misstate matters as to intimate that his honor had not such a court. This, wo believe be-lieve is the burden of the prayer which Messrs. Maxwell and Carey have been offering up to Congress, and which rumor says Messrs. Merrill and Gilchrist have gone to Washington to endorse, though they are not generally supposed sup-posed to be addicted to much praying. Nay, bad men have even averred and published, signing his honor's name to it, that he had not such a court, and 'we are amazed at his forbearance and charity in not having brought them to condign pun ishment tor tnus caiuinnmaimg nun over his own signature. But we have a District Court provided with the requisite machinery for running. That ia what we gather from his letter, as he shows there are so many cases to be tried before it ; and as each of those cases could be tried by him in some one of the nine counties of hU District, excepting the ones in which the United States is a party; and as most of those cases havo arisen from uninformed Scandinavians making home-brewed beer of the powerful strength of sixteen gallons from a bushel of malt, without putting the requisite revenue stamp on it to hold it from running away ; : and aa Attorney Carey is evidently not. very anxious to have any cases tried of offences "against the laws of the United States" unless he can first have very carefully "selected" juries; and aa his honor, Judge McKean, cannot be ignorant of all this, we arc satisfied that he is satisfied that he h;ts got a court that can run wi'hout any difficulty, diffi-culty, even if he should feel disposed to be its executive ofliccr, and bailiff. This is, indeed, gratifying; and beyond be-yond that is the other gratifying fact, that he recognizes the legality ol the action taken by the County Court of Salt Lake County, and that he in fully empowered to hold court in tho county. coun-ty. We may wcli pass the little fling, that tho Territory or County never before be-fore made such an appropriation, seeing see-ing that no necessity ever arose for it, until sonic time after tho advent of his honor. But we have courts properly prop-erly equipped, and that's the consolation. |