Show IMPORTANT TO 0 J JU asti CES OF TRE THE cn 31 E tolett on oil the howem aud and jurisdiction of justices of tile the react on saturday lost lilt the territorial supreme court alfi 11 in the supreme cow court t 0 utah territory Terr dory june terin teim people lor of utah up top bollant po llant vs va opinion by zano zane UJ U J tim wai before a justice of be peano of ilia loci in weber county the th charge the iho defendant with the iho crime of battery the defendant demurred to 0 o the lor for i die 1 e reason tha bat t a justice or of the peace I 1 iod bad no n 11 ll 1 to try a person johnr d with t the h 0 aronse of battery bat lary the demurrer wild overruled the lie wm was hied found fouad guilty and sentenced to lo pay it one fine of twenty lire five dollar in default of such Pay payment mont to lit lift imprisoned at the ibe tilt rule of 0 buo ouo day lot for each dollar cribs of the fine krom ahat ilia defendant appealed to the first firm district court wherein the demurrer to the tha and nd rendered accordingly accordi nily this kiwal a Is s from llie be latier judgment 1 astion pros for our conist dor mlois I 1 im and 1 isi ims Juall leom res of the ilia peace in abir leirl Torr Kiry iViry authority to 10 try a person accused or of I 1 he crime or of bat laist I 1 y that timy be ba in I 1 by batt a fine in any sum mm not noi 11 xo deding 1300 or by for any Elly units not longer than til fix months ar or b bv botis the or of the iho territory de da clare clara that justices ortho of tho peace shall have hae or petit larceny of assault and battery bat lary not charged to have been commit tad upon fl a public kucer in the disoblige of his duty of bleaches of ilia carena it it ng a willful u i injury to lo progeny pro peny and nd all sa 0 r s by a floe less lesa or imprisonment in the county jall jail ar nr city prison not at exceeding six nix or by both fino find imprison jurisdiction TO 19 0 EVEN in express terms to of the llie peace to try tr y battery cwi but bat the iho defendant deal deaile the power of the territorial leis cegla le Is alture to confer such jurisdiction on Just lors lourte the authority to tn pass such it law it if possessed by the be territorial b la oven given by the following provi niona ioas of t the geato go ato act and in the sets act amendatory section cllon 4 of the organic act pro v ides I 1 hat the tha jurisdiction of the courts herein provided for both app ellive and original and that of use be probate courts and justice of the peace ah abail ill be limited by law that justices of the peace shall not of stay iny matter in controversy where the ilia title or boundaries of land may be in dispute tU or when 11 the debt or surn gum c I 1 aimed chall exceed one ona hundred dol dollars late coin piled anwa two of utah 1870 p 81 section 3 ate of a act of congress extends the civil jurisdiction of these courts to all cases lu in which the debt or bum claimed shall be less leea thun than three hundred dollars find and gives thu right as i train irom all judgments of thele thede courts pa ibid bid p 81 51 limit the of justices of the Ie pe aielo aceto aises the debt or surn sum claimed la Is less lea ihan ban hundred dollars and ex elude ones case involving the tha title or boundary attend of land these do not apply to criminal cases section 1800 ab statutes 0 of f tile u united states stated 1878 leo lrea larem that the ilia jurls jurer dial in of justices ot at the rodeo as ai wall as ibe ji 1 of other courts referred to shall h ilir I 1 be as limited by law 11 chii ahli la Is 1 equivalent U to a that justices of ab alio llio Pea Peace cesha have to try oil causes of action the limits fixed by law it extends their au aa to snob each limits limit by the above provision v congress imputed tile the duty duly upon the I 1 ro aking power of passing pasing lawa limiting 1 no the jurisdiction of Justice ei of the peace aud inasmuch us as congress has nut not such laws TUN INTENTION N MUST taba to ro impose the duty duly on the law making body for which it mado made provIs loa in see ee lion six aix of the organic acton the tha following terms that the tha legislative power of said Turri territory tory extend to all right ial sub or of title cc tie distant with th the cons t italian of the dij nij cited states bod and the provisions of this act but no law laar shall ahall be passed faring with the llie primary di dia Is 01 the iho boll nu tax shall be imposed upon the property of the lisa united states nor shall the lands or cr other property of nun non residents be ba I 1 taxed axed higher thin than the landier kandior other property of re all the laws passed pained by the leallie Leall te assembly and glovernor lo vernor shall bo be suba bitted to lo this of the united states and if disapproved shall bo ba null anil and of no efi leot the iba territorial art act in question has bas not i been disapproved approved dla by congress tito the language of the section lection quoted la Is 1 tho power of 01 said bald territory extend to all rightful sub lecis of iggi u 0 as 1 slant with the coustau I 1 lion ol 01 I 1 the united states and the provisions heat 11 the enactment in question appman to be ba w with ich tho ilia 1011 and the lavt law s of Co congress ogress the of to try cases cages id a rl subject of legislation because became it IL li is start conferred by legislation legis lallon at AE common taw law a justice of the peace had bad no power to try tiny any whatever ue he aas tic no more than aban an aa magli magis irate to lo inquire into off imset ahli a view or of holding parties Br lloa for trial on ind indictment elsewhere caus a was rho ahone n to commit the accused acon Mil aut the power inn ing aud and convicting petty offenders II 11 ENTIRELY STATUTORY and must be conducted as the law lair pro pre xe ribes 11 sarah vya always case 11 41 allea to the same sama effect is 11 the be case vt vs lle falco 83 86 american decisions the of justices of 0 f the ibe peace liaa has been bean extended latterly both in ED 4 and la in the united states la in the itie va various s states of ibis countr country the jurisdiction both criminal anil and y flora and has baa been changed its to its in extent in some borne of the states increasing intelligence late has hai a ox banded the ibe capacities of men anil and advancing enterprise ban bag widened the field of their duties and accordingly the states ii have eton extended ded the ibn labon or of their magistrates in obedience lonca to the conceived demands of 0 th I 1 public goo thoro there la is no uniform limu limit to 10 choir common in a cumber of tte the states and nd territories the jurisdiction of Juit loei loes or of the at the prevent time extends to six months imprisonment and a floe rang 1 lag g from to sia in california the 1 1 la Is not to exceed six months im or a lioa fine of 1500 or both bath in 1 nevada do justices Juall cea may far alx all in 0 as or a line fine of or both in other states and in the territories the jurisdiction of justices courts varies in ID the provisions of tho the organic act under consideration the supreme court ot at the states said laid when congress bas bai proceeded to orli anize a government foriano of the territories it has baa merely is a general of courts and has haa committed to the territorial assembly full power subject to Feci flad or implied conditi condl tlona of lup liying ing all details of legislation noc emary to put the tha sy into operation op oralou even to the ha defining of the iba several courts As ai a general thing subject to the general scheme of ocl local government ed ad out by the Org arilo act unil and such ab C all ts as aa are coat hied Ih lo 10 local ures have ha beon been arlit Ir lit alib ibe IS of the he entire alstom of municipal law subject also alio however to the ilia rig tit of congress TO iIII A at lla the powers thus exer eier cisom by the territorial ate are nearly its i extensive nethona aa those exercised by an any y state legislature vs va toombs 13 wall wail US ag in in ili the case casa 0 of westray vo united S ate ld id 32 refer flog to 10 the ma rina me legli dative power pastor the ibe same sama court imald i U h ha a patr g witt 0 to til the legislature li ii extreme I 1 I 1 ly arll broad r c 1 1 I 1 T to 0 1 the 1 8 same an a effect a ct or are I 1 the tha p 0 e o ol 01 16 Chimo b 0 aero va fatig t montana at sc i bray a v U united to I 1 1 11 aceil ill ess 00 I 1 rl cl idols IdS 1 lS and I 1 1 1 i onellie On ellit s m englebrecht 13 WEI wal tao 1 all biltl cc a for I 1 the he dean ilac a at rl 08 0 on n F ferrid or sj ra TB blyley irley 20 0 O Wu N a llaca I 1 5 I 1 in n I 1 ibal h me an act of the the ilia territory I 1 c of utah condei a if general Jur ladle bial on P rebate courts was as held bold to be lei in with fib tb iha organic lw law of the tha territory J it was wai held bold oot a t to la be the ihu r of 0 by the tha ato act to convert elio probate court ino a court in which a I 1 ci cu iea oes whether civil or criminal i of corum u law or of chancery I 1 involving life liberty or property should bj tried nail and determine i tile court hold however ho that tile ilia powe u dellna iho of the Terri territory torb courts might bo be included within I 1 lag of lc and that thai the territorial not in tio ine silon emlon in that case was not Incon alte with she iho of the tha united states but that it was waa inconsistent elili till the cr act kieff ID that no BC alm ilm court pointed out the tha wl li it which the Torr itol I 1 a I 1 A ot at was in inconsistent a 0 n alte of A ninne them were the following the a ml I 1 declared that the supreme ime and district l courts respectively should possess chancery as well nell ami ai common law w jurisdiction white while the probate courts were left with bl macli 1 C I 1 1 bottera e s m s t their h e 1 r til t la indicated d i te d flint thai it their i 0 1 r po a tn e rae s cr b 0 d 1 i e irilli n e atlo n s anater that t they 3 tz were such in as had been halted collad budar alii tl baine aja and had bail been exercised by tho courts rj li Jl laud and in llila ills country 13 9 9 swa r 1 tell as it h had g d been necessary 6 for them to lo use uie in ili t iho he oatt settlement lement of the osta iii of deceased persons persona the estala of infants tied gersoni sons ot of unsound ruled and in reir ons as to dower and the abe ap point ment of guardians and conservators conservatory conserva tors abe rb organic ollo act provided prodded that iho tho judges oad of courts should be ba appointed by the by and with the advice and while the iho election or appointment balo judges waft left to 10 I 1 be 0 provided for by the tha territorial legis 1 laruie alu ie the tha court said IL bloking looking oking then iben 10 0 the tha purpose of the organic act toe stab I 1 ish a general system of government Rover Dment and its hi obvious purpose to ty say what courts cauna khall exist in the territory and how the and acial power shall bo be distributed among them and especially to lo till the fact that all ordinary ordin iry and I 1 loss la Is provided for the luo supreme and D district atric I 1 courts find that a oatho peace and that aba he ji or of the probate court la Is left to root mat in the ilia general nature and char motor of such courts as aa they ibey era recognized recognised in our system of jurisprudence Is till it not a fair inference that it was wa not intended Ini ended that that court should be mado one of general and steal Is the abe court said d I 1 tho the hist fact that thai the tha judges of it theae go latter courte bre are appold ed ad by the fedora federal I 1 power and by that power that other officers of 1 cleee itt courts aro are appointed nod and paid 0 la allie manner strongly repels the ibs idea text congress Con gresi in con on those cheso courts all 0 coulta of goneril jurisdiction oth bolh at civit 11 and aad criminal in tended intended to lo leave to ihn territorial legislature the power to practically ovado orado or abs obstruct bruot the exercise exer clie 0 of I 1 those hose powers by conferring precisely be same jurisdiction on courts crea toc and appointed by the territory I 1 11 t lit la clear that the case casa cited lg is not analo gous to the end in hand band no such in con alsi between the not act in hand and the law as wi was pointed out betia between eon I 1 the bo set held to lo be invalid in the case caie cited find end the organic oranio law it is con coded that justices of the peace in this country he have usually had jurisdiction at 0 assaults and batteries and other ors of like grade brudo but counsel urge that the tha maximum for theme theio of denues ore ora fixed so BO high la in this territory abat u not dot to lo bo be en an fuated with abe their fr infliction the answer to this la lachot tint before thoon the en ariment in question justices Justl cei of the pence had j jurisdiction lined lotion of the tha same class of 01 of 01 fences cocoa in states and territories Terri lorlei in which the punishment inflicted was as an great as a in this territory and the history of such jurisdiction bows allows that it lias has no common and limits the mention of 0 the tha office ol of justice of the peace in the tha organ oran la act I 1 indicated ad ion ted jurisdiction of the ibe offense 0 of I 1 battery and other like ilka in many einy ot of the states stales however tile tha torn term did not indicate the power to inflict punish ment luent to til the same sama eilent exter tras an authorized by the met act under consideration consider ivllon while in others it indicated power to impose even greater punishment to bold that the prosecution of assaults batteries branches breso hes and other misdemeanors of like character must be commenced by indictment la the district courts would ea great inconvenience bard hardship ship and delay la in many cases because that court holds but four terms during the year act and d because the fenack offen cf not are olson committed at a distance from the place placa of sitting fitting in such niichi cases the defendant and aad all the wit leies would be compelled to travel a gro drotor tor d bistan a and at a considerable ox ex ranta tito tha hardship delay inconvenience and would bo be greatly fre atly lessened by a trial near the place where flits offense was committed the publio public good demands that such petty offen soo shall be ba tried triad before a magistrate io in tho the n neighborhood e ib bar ol 01 a its place ut f their committs committal 1 if at that thai place such wl Is a qualification at loiscau aau be found the public welfare demands as aa little dolay dalay and hardship fib 1 ln in ihu prosecution of persons penona charged wi lri or crime big is as Is fa consistent with a faithful enforcement enforce of the law we are ara to hold that tho the terri herrl act in quei question tion confor conforming rIng jur Jurls isdio dlo ton lion a ou just cos of tile peace tu to try persons parsons accused of the tha crime or battery and other misdemeanors of them the B unit troll gradia fi ral 13 mild we have been referred to the cage of year 10 reporter that case was waa decided virlor ilia impresa lon imaino precedent for coarr ring such extended exten dod on justices of th aba pows bows after afier bearing further furl lier argument upon hie question e ollon involved and open more doli deliberation corat on wa a are of the ba opinion that that so 10 far ai it 14 with wish ibis should be overruled over rued the judgment of the court coart beloi sus eus the dentures to tie complaint Is reversed bad and the tha vise Ps li remanded for furth tir in that court A J concurs con euri hant A jt ji dissents Enson delivered a opinion which Is ia followill follo wil st sitting in the district court I 1 sustained alneil ibe demurrer lathis castion the iho authority of learlan Vs salers 10 pao rep decided bv |