Show THAT BULI50 ON TIE ItEULV TItlES His the boast of modern jurisprudence jurispru-dence in America and England that the law provides a remedy for whole every wrong Almost the law of Injunctions is based upon the proposition that the remedy lor I prplUo in advance bo applied wrong may b apple ann Its actual commission on a showing that it is threatened and that the remedy would be Ineffectual I deferred defer-red until the wrong I cotummated TheJow courts uch a tho Justices under the author of the peace a ity of the higher tribunals iLls true that a justice of the peace has aright a-right to exercise discretion He would not be judicial officer at all If divested of this right I I also true that higher court cannot prescribe scribe the manner I which a justice jus-tice of the peace shall use cretlon a this would b to divest the lower court of discretion But iu this Territory the district court has power to prescribe the manner In which a justice of the peace jAotf n exercise discretion when on a showing it is made to appear that the latter officer I about t abuse the authority of his tffice in a specified manner The higher court may issue a order commanding command-ing the justice of the peace not do the wrong which i has been shown he i ft commit The authority author-ity ef the district court in the premises certain when it is tacit is still more ern shown that the mischief resulting from the wrongful exercise of discretion dis-cretion by the lower court would b irreparable The higher courts of thlsTerritory have exercised this very power over the lower ones It will be remembered remem-bered that In the fall o 1SS5 the police magistrate began to hear cases of persons charged with lewd and lascivious conduct I was currently I cur-rently reported that the police had I made a large number of cases of this clas that the accused were prominent prom-inent members of the Liberal party that the details of the evidence evi-dence would be extremely damaging to the reformers of Utah who wrremost prominent in the enforcement enforce-ment of the antipolygamy laws and that If the proceedings were not stopped many of the latter would Inevitably b convicted of and punished for Tie and degrading offenses The higher courts were appealed to and an order Issued to the police magistrate commandlnc him to desist forthwith from entertaining this class of proceedings The evidence evi-dence procured by the police agaln < t a number of prominent Liberals could not b used men who had in a shameful and disgraceful manner violated the law went scot tr i Liberal libcrtinesbreathcd easily the lower court recpectcd the authority I au-thority of the hIgher and the ese I e-se of the police against lewdness i subsided The ruling of Judge Zane of Friday Fri-day lt y the registrars a II Judicial officers whose discretion the district court cannot interfere with and whom I cannot restrain in an exercise of power pertaining to their office Any number of authorities supporting a contrary position might bo cited but the labor of collating them would probably b thrown away unless I were necessary use them in the interest of some Liberal cauce |