Salt Lake Tribune | 1873-01-27 | Page 2 | The Corinne Cattle Case

tin THE CATTLE AB isitoro IT hon C M x 17 icy AMO clatt of ilia supreme court of I 1 AIL in lio ilia mallor of ct tle betl tie tion n of 1 win a schon no for slid 11 S I 1 ors writ of habeas W bright libb t corpses jn jan 25 to wt iraj 1 yi samuel john I 1 durband auda but tide thi matter came on for licci bearing og before alli US honor 0 11 on oil last int so no opinion in tho the cio ban born been ad ts yet prepared for publication nor te is it likely there will bo be fur for some omo jays to 0 o come e in biow arlow of tho the importance of tile cone case and nd tho the points of low law involved we w bito token taken paine to lut have the case I 1 fully reported so no As a to loly lay it before our readers a t tho the carlie bt practicable mo me lac lavai at that tho the caw implicates some omo of the ali leading wlliam of a neighboring city citizens who have dilvo alwa olam a stood high in tho the estimation of cf tho the entire community a 1 CUM case that that a B wido argall lairon exist gilted lilted esl in northern utah otah forch tor tho pur predita pom of peculating wd operating profitably in nd lavol leAtho tho git of tho the mid and coa contention tennon bei vece ilia territorial courts canto on tho ono tide nd states stale courtad on tho the other the rc rort will IN be received Aith ith interest tile tho sta of tho the facts and condition of 1110 cue COW are substantially 98 follows follow i information open tho the canis of ono martin anti and ids lil wife laid ii befaro 0 tra W illicit of corinno corinne aits charging certain citizens there with willi being in ilia buic tide marti cirtin vs tho the in formant foment auit u a butcher by trade and these cattle wro were driven to his lil slaughter bouso in ho tho night llight time sud nl acro ly him batch butchered ered end and sold alil and nd the iho proceeds among ainone tho the gang ea by giving one half to lo martin and tho the other lilt lair to tho the other pait lc thief fid lalu Itil ors or information seventeen in num nuin ekr cho ali ijiro personal arn with stealing A 1 largo of ottlo cattle including uio tho cois of a number of their neighbors thew its further state I 1 how low ilia other one half TM divided amolie mong the conf quarter hero here laj a quarter there mid and that the matter camo to light by huun of tho the parties among aelter over A dai U ision of tile tho spoil antico heard tile tho caso ci en ca prom inary imry examina hins the willed waited a blaring Anden and catered terea foro forc tho the probate court of if hox bar eldar county connly A special ion of said probate court couric Cou rii u as convened nith grand and jonii alla nil in found of alio including mil antl wright ho now silo out itt tiit it of hadj on cho ho ground that tit alio per hate co uri lies la in tile the griat question of of the ilo courts comes squarely up in this m caad ind and julo mot it As squarely corlow ta ablo banner its bearings As AB an and sound bound reasoning jurist Juri fit wo we consider that judge ilaw liy ky luu has no superior tu in this thia western country its review of the bo points involved in this case was iris fall and nj complete tail and a perfect finuliar ily with ill all ibo principles of lw law sad I 1 a thorit les bearing upon tho the tone issue wo we rc regret m t tw that we iro are not able to lay before our mccra at t this timo time jail 60 hawley loyl 9 written opinion Is of ilij ads de cLion jn in place of which wo we wl vi giTO our report of the iho proceedings dings which will include tho the main points decided doci deil ud and tho the oil la quoted to it itil his honor among other hold thit that tho the source or executive legislative and judicial Jadi cial authority anthonty ui in this territory li Is in by virtue of this authority congress hot br granted to 0 o tho the territory a 1 charter cc Ota doing cartain limitations and cleod the organic act among tho granli of tulL only in thu ut act aroche arc iho following itt tho the judicial power by bt section lection 9 ai is con kerod upon cyon tho the supreme boork thOr CACo antl provides that said mid district and conru eban posea chancery as a wait to aa common law jurisdiction A As to ono one of them the branches of power we w bays a construction by the supreme court of the united atu in iho cho came of noonan tv TS lee ice 21 blick U 8 S lk page ad W beano J git gave the tho the opinion of tho ilia court coarl u follows fallow the equity aulty jurisdiction of tho the united 6 wee states ill u dic rived from the constitution lod and laws lawi of tho the united mates their powers an and d ro are etro tho the same in n jill all tita tM their practice tico is regular oil by lyes md and bv by rules mica established by be court coart his coart is love led by law with ill authority to mako make such mich rules in binau all these i e pecia expects ibey are by A aaen adv a in the case of orchard vs hughes I 1 IV ace pago 73 a 1 cu cana which arose in me organic act by bich bach that territory wu wait organized wait vw similar amilar and eon con bained i bromon th tho 0 um mine As section 9 ortho of abo act ct of gutish tho the lg ivila toro taro of nebraska t thia or or fanlo let act abolia llod chancery ju anil i a practice act smula incur to that of utah the th of tho the supreme court or ottto ito urla slat in this CUD caw followed the law lair as wd laid down in noonan bonon vs leo lee by the organic act of V tab voc TO 9 tho the tro tilde courts are an established As such buch it is As for the transaction of probate busin business ss it itla is thou clear that under tho the or pallo lit law W 0 of f utah cab tho the district courts LATO and common law jurisdiction and that the h pro bito courts court have biro only jurisdiction under r tho the territorial hSi chap 1 MO L 1 it Is provided tint that ito district coarts charte BRA joela action both in civil ind and criminal eases when not otherwise provided by law they hill shall aso have haro i a genral gena a ral supervision oscr ocr ill ali interior inferior courts to prevent and correct abuses when no DO othar remedy is provided proy idoll 11 section twenty nine dino provides provid ca thit that the sev orai courts la in their conn tiel tie hare MM power to 0 o tion I 1 both civil ind and criminal ud and as won well in chancery As at common iia etc his honor badge hawley here recited asa u to thew that the language used in 1 1 1 did provide tint chile the district courts upon whom tho the organic act had confor rod tho the authority should or cx crease that authority tut lionly using the words shall cx says giro to those thoo COUTH courts uio the and that section tyrenty cinc which recited out chat tho the probate courts have hare power wil was only a recital of an atau mcd fact a mere statement of muting CrIa ting matters which might or might not be bitano bit trall rno that it wu was historical in cb daxter muter anti not directory not an n enactment to become a lw law that it did not say my they shall lims hit power nor are hereby invested with authority ut horly and nd that this question had W lon been pigs vel upon by the supreme court of utah in tho the caw of the TO T rodent in which uio the court lo 10 held ld that taid said kation timonty adne did not confor confer tiny liny power or upon the courts and in that incao id cao of the ibo 1 caplo coplo TV T dodin remained remil nod lod ind wili wu binding upon til an COUTH arts and judges judge within the territory then reviewed the question quati on ifju ilia supreme mil lad district courts and od judges thereof to in mattle of babbas cor pus pm by ric wing tho the organic ar act t and nj Tor rite rill logi dation in relation thereto tb creto by the organic act sex thin woo it Is ii pro vi tided bcd that the said lid boil district courts of the said territory md and tho the tivo judges thereof hall alid ury may grant rut arl write to of 0 I 1 bobc corpus corpa la in all cason ui 1 which tile tho saino mimo tro are gran W by the 1904 of ct the uld lck states in the district of liy by ad U B S at largo pago go 15 ilia court to m the district of columbia kro are in intini vest oil a willi will til all ilia r of the circuit courts suit that of uio cho judge or of cho circuit courts of alio ej lit U B hta liili at I 1 larg argo pago lug til lit I 1 U 1 it is ill provided that iho cho circuit courts of the united states shall have boic r to lone writs of ectra facial octaf m a baus S and nd all other writs nut n 9 lly pr for r ud and that hit either of tho abo Ircia of uio the supreme court as well ell as judges of uio the district courts have bavo pow power to grit erkut t writs of habeas corpus for the impose in of tn ni into the tb caw cause of commitment da is then complete k io in tile lin premo and aad I 1 district courts and add in m tile respective judges thereof lits honor the territorial ste dut ili ef chapter 10 so f page 32 alwn vt utah lub it in provided chat the tb writ of habeas corpus may lo 10 biow llo tl 1 by tiu premo dutral or probate courts Cour or any ny judge jadao tbt toi and may W L in any ny part of the Torr story 11 it li pLan III Ilir bat the it jet 30 ell a a toil ud the jai laca ilko jurisdiction ll 11 ut of LI v awbry common tow law lu in civil sod lail criminal and ital ibo ui blauw act and also 1 U k the abo capois 11 arito bial 1 thu jut ciol flu thiu u rc rosins lu halt fl bo Pr oLete court cLAo cerl sad ud common law if IQ in civil and criminal caw a f As an bifero irown tho the brouto cou con to K br the fco r law are re M u arol br 0 d gewo atto 10 cantle oarn section sit it of the organic lr law provides that it ai 1 0 rower 1 shall 41 lt ka inlo d av 11 II r rightful i 1 rm of legislation the of I 1 tile united states I 1 sad the provisions provis lons of t his act it dot doc 6 not to ill manner of letti tint only to such mch its may be 1 I rightful etc anit shall bill be ba nw OK etc tho the territorial bin ban not chad lial it th the e power so to do by the very language ln suK of 01 tho the sic act lawor birc erml upon poll the r chanc chane ctr cry or common corn inoa law jurisdiction or calber civil si other alitt in powers power or mature of probate juris prudi oce DOC bloc r I 1 section 1 of territorial mat sales pace Z I 1 rud ml section 2 21 fago agn 31 god 01 ol tile ibo constructions and nit force as determined by bt the court of utah in of ibo be vs anderu herein it vias held that by imo tho the probate courts havil not chaucy ry nor dor law jurisdictions the almo S court willing taso abc 3 no DO each authority anthonly tho then the legal pro polut ion tint that if that ibo statutes of utah did no not t bonfi upon tile courts chane c cry or common law jurisdiction do they possess it inherent in their cont construction ruction ores or u ITO would y stepping aside front from uio the legal parlance pir lanco used by the ibo fraternity and tiling stating the apropo in our own way to wilt the heinl turo lure of oc utah ulab Chapt tr 1 section aj 13 pago uy say that ilia probate courts coort ho have power conw to tie in 6 lids LI staton icat anio or it it unreliable r lit id its it ft cir cil construction uon arb a login gins levels 1 tion a typographical error or k downright falA 1 his lionor bonor closed hu his review renew or of tile cue by afta investigation into its question and cited thoc Moot Tl tlora orv taylor lu in we is ho file the supreme court of utah review cc casts and nd It caring upon the tha question nod and decide tint that they I 1 have bave not DO power to tto to also aljo the cue or of vs v croppi ia n bicci aliu jaia wu held thew decision dec isiom are ro in ia lull full dorco in utah they form tho the liin ou on that kail and until reversed the judged and cool is of this toi aitery arc bound by flum the mino has bia lun lies is twice by the So prellso bourt of idaho la in tl tho a cobas Cs moore r rit knobler Knob obley lcy lit idl idaho reports pago 57 and a lid pon pomplo I 1 L 10 vs dit noll beouf lat I 1 of idaho reports Ilc porta pago au irom front all of which it appe nc ars rt very cry barly alio courts bayo ulvo no DO either irk in iric try nor at corel com mon men law wither ty byaw iiii organic act acl ly by the territorial Terril orul MAC buuts bUu aks tc nor 1 ani ait BO be 11 nit in honor held shaw cleif I 1 attea of MIM malid in ia ol 01 ti aters vs raters 8 0 Cin liing ii reps kepi page evil 6 reviews the coAt ruction imd and or orani in of curad co and their stain to and powars aud and therein tolly fully coln coin tides with ilia mado made in the case cado sit we lr wo win will adl ill whis report A fow few in ui relation to judge blit ivia decision doci doc aion ision and Q hi TO rn ica of aprobato conila which is clabo ratel anso eiith ith thoc alio lerant thou they si lisama lad kadi of ah over tho the subjects of divorce div orco ahi armony nony julji catanes of decedent dece denta and many other matters ihly the arrogated t W uio the absolute contro control ov arall their subjects pretty much ad oil priesthood of utah clah have attempted to do aud and of course it avas 13 perfectly consistent fot for the ild utah priesthood to at set thoa pc pet court on oa ta an equal to it if not boto above all other courts while they absolutely dij assume in ill their churiet churi lt organization the caliro maligo mallegol mall agol mont of all matters mattera to marriage ill di torce alimony etc la in those early curly time thon probate courts courll first sprang luto into cmunt cedik nee they were purely courts and loro here no thip ship to or knitli etli the common lw law or statutory courts thoy they were cu entirely in tho the hands handa of p tho the priesthood who controlled mans W sad nd them in thear liou oun way my el only to their own owa liking herein again baw ing a strong antron smil lanty lardy to tho of tho the utah in theto courts court they hold supreme control anil in all th tho 0 me att mrs r above enumerated they acro not civil courts court any more than the church high council or tho 19 Co council Conn umcil cil of 0 of I 1 utah arc ro and nd cikar about tho the same ri ro lation dation to tho the civil conc tit to ilia ju n batory anil common coo law courts that tho the church council councile Coun cila of cf utah do tt at tho day they ecclesiastical courts court governed by church Canons civil courts got arvied by tho the civil common baatu tory or any ay law lair but thit mal of their own TILLY they were wen no ito lu fax from til all civil w common comment ivr courts courte that no appeal cobart or other process would cox ry tho ibis case from the courts to tho the common low loir courts if grare errors error were commit bcd W to ia these thao courts thero wu no and no do redress dross ro uvo save only by petition 0 tho the king who could by hu his royal prerogative grant relief through akrit a rit from ilia high court of chicory ChLo cery it afterwards emi I 1 into practice that if aprobato courts their jurisdiction ud and went beyond their assumed control of cf nhat they had themselves as probate matters to wit tho the subjects of mu mar glagov etc wins will estates of dece decedents dents gur gilar etc that tile tho party could treat it as a nullity or apply to tho the court or judges judge of the mines bench for i a urit of prohibition hibi tion tiou this became tho the law unlit tile mutations of time modified film ecclesiastical courts to tuch such in an extent client that they assumed a secular character and ad became subject to clail common law and statutory ro strict ions in thu this form they were imported to odd country as part of the tha common law by ot 0 rugland ind calamo tho the subject of lugli estion in ia america their whereat powers were such auch only As T I 1 obtained for it by in an c long timm times lea ion what trait it wait vu estoil of by tokuta an and d common lawi thus leaving its ita inherent inh e rent