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Show "A Hit, a Palpable Hit." The following extrnct from the organ of tho "Itiug" contains information infor-mation which, if true, is butm iteration iter-ation of the law touching the power of the Territorial Legislature to make all laws necessary for the due administration ad-ministration of justice within their urisdiction: as promulgcd by the Supreme Court of the United States, in the cases taken from the Territorial courts, and ought to end at once all further que tion as te who is the lawfully law-fully elected Attorney General and Territorial Marshal of Utah. Hero is tho extract: "In this decision, tho Supreme Court holds that it is within the power of the Territorial Legislature to prescribe pre-scribe the practice in all case.-", both at law and in equity, even to the joinder of legal and equitable causes, and, of course, allowing equitable defences to actions at law. In short, it reaches as far as tho late act ol Congress on the subject." The Supremo Court of the United States has decided that the Territorial Legislature of Utah, and those of all other Territories, havo the pover to adopt the code, and thereby abolish all distinction of actions, aud also all distinction between law and equity, and then, independent of any legislation of Congress to confer on all courts all such jurisdiction as is not gra nted by the Organic act of the Territory; and while the "ring' ' chuckle over this late most just ruling, rul-ing, they appear not to havo brains enough to understand Hb eflect or application. ap-plication. On examination of the ninth section sec-tion of tho Organic act of Utah it will be found that no jurisdiction is thereby conferred on any court Supreme, District and Probate Courts are established thereby, judges, and other officers are provided, but it is expressly stated therein that "the jurisdiction of the Supreme, District and Probate Courts, herein provided for, both appellate aud original, shall be as limited by law." What law is to limit their jurisdiction? Why the law adopted by the Territorial Legislature Leg-islature of Utah of course. Abbott's Practice, Volume 1, page 279 Congress Con-gress did not in the Organic act, undertake un-dertake to confer jurisdiction on any court in Utah by that act; but after creating the courts, providing pro-viding fur the judges, the U. S. Marshal, and Attorney left it to the Legislative Assembly to delino the jurisdiction, original and appellate, of all the courts created by the Organic act; and iu the book of practice by Abbott the most learned of all modern authors of United States Digests it isstated as above thaf'tbc jurisdiction of each one of tho Territorial Terri-torial courts is derived exclusively from the acts of the local legislature." Xow then it will be seen that all Congress pretended to do, was merely to create certain courts the Supreme Court, District Courts, Probate Courts and Justices of the Peace and leave to the Territorial Legislature the sole power to confer such jurisdiction as to them should seem meet and proper, and to make such laws as they should choose as to the forms of practice.and create all other officers of said courts. If theso powers arc given to the Territorial Legislature, as the Supreme Court has just decided in a Montana ease, and as was previously decided in the cases from Utah, where can any limit be found to the power of the Territorial Legislature, as to the jurisdiction and officers of those courts? The Legislative Assembly of Utah proviled for an election by that body of a Territorial Attorney General and Marshal, and defined their duties. Docs any one doubt that under these decisions it was competent for the Legislature to make that statute? They are made- Territorial officers to enforce Territorial tatci and punish Territorial crimes, and nothing more. In prescribing the practice in the courta, theso officers aro created and their duties defined, and iu no form, manner or shape do their duties con-tlict con-tlict with LbnsR nf Mm UnitM Staffs Marshal and Attorney, whose duties are to enforce the laws of Congress alone. Can any sane lawyer doubt that if, as is decided in the case quoted, and the rule cited from Abbott's practice, that the Territorial Legislature of Utah has full power to confer criminal jurisdiction juris-diction on the Probate Court, or exclusive ex-clusive jurisdiction in divorce cases on the same court. Docs not .this last decision sweep away from beneath the feet of all legal pretenders or quacks the doctrine " that Congress, in the Organic act, undertook to create courts, define their jurisdiction, jurisdic-tion, and create all the officers thereof? there-of? This then is the third decision of the august tribunal, within the last two years, containing all the theories, sweeping off all tho cobwebs, created I in Utah by McKcan, Plawley and Strickland, and ending finally iu this single, simple principle of law, that Congress simply created four Courts; and prescribed tho duties of the Judges, aud U. S. Marshal and District Attorney, whose duties here are precisely the.samc as in California or'any other Stato; and then uonterrcd upon the Territorial Council ol each Territory the sole power of bcttowin such jurisdiction aud creating all such other officers of ihese courts as they might chooso to regulate the practice either by the commun law or code; as that body might elect in short, all other power as to courts is left exclusively ex-clusively with the local Legislature. |