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Show HAD HE AUTHORITY? m GoTtrnor Thomas's Recent Proctima- $!, Hon Fixing Itrms of Conrl. K U.S.I)ISTi:IfrATTOKtt'S01'IMON Sfi He I)wi Mot Tlilnk Ilia Poirer licit" & with tlift (jonrnor, licit nllli H llio Legislature. K A few weeks anotho News publish ft proclamation bjr dorrrnor I horn i arranging for tcrmt of court l Ii ; In the Fourth JuUlclil ellitrlct, end Nephl.ln tho Klrtt. The proclamation W named Ssplember ai the mjnlli in which that tormi ahould ba hold, but mado no pnYiiloiifjr clrfc, urli, court dockets, etc ". Ataoclato Juitlco Miner hai ad- eiretsed a letter to United Hlnlet Die- v trlct Attorney Varlan, rciucitlr)X Iila Lt opinion on certain polnta concernluir tho eitoljllsliment ol the term ot court at Logan, and aa to Ibo authority ol ' the gorcruor lor turning the tiruclania- , Uon. Mr. Varlan, In Iila reply, taja that '' no such authority exists, aa Indlcatrd by tbo tollowlng extratta from Iila letter: , "There would be but one clerk, and lie would bo required to irovlde dockets and a deputy for the court at Logan. Aa I understand II, the expenses ex-penses of proTldlotf. the Uncketa an I I ;' booka aro allowed by tho gov.rumtnt. a a Aa to the juries l think the court would lia.e power to cauie them , to be aummoned lor either place, but ahould not hold a grand Jury In but ' one place In the district. "There la In my mind, however, n aerloua queatlon presented aUVctlng the legality of fixing tho term at ' lio;an. In 1853 Uotigriia protldadfor the appointment of an additional Judge, authorlied hla aailgnment by the Koremor to either Ulitrlct and 'the tlmiaand larraaa now llxtd lor the atalutta of aald Territory for lioldlnic court therein ahall rumalti until changed bylaw.' 'Ily act of February 11, 1602, It waa I rovlued 'that the governor and legls-fatUe legls-fatUe assembly of tho Territory of Utah be, and they are hereby authorized author-ized tontabllih a 1'outtll judicial dlitrlct dli-trlct In aald Territory, and to readjust the UUtrlcta In aald Territory lu auon a manner u to beat promoto tbo convenient con-venient admlulatrallop of Juitlco therein.' "The legislature, by act of March 10, 189:, created the Fourth. Judicial dlitrlct, dli-trlct, designating the countlea ul Wet er, Doi Llder, Cache, llloliand Morgan at constituting the eaTe. It provides that all cauies, both civil and criminal, In which thecauie of action ahall arise la tttlicr or thecountlei constituting the district, aa hereinbefore hereinbe-fore named, shall bo heard, tried and determined In auch district, at such time and place aa the goveroor by proclamation may fix. "This presents to me twoqueatlonr: First Whether thla authority, to Ueli. gated to the governor, Is authorised by the acta of Congress aforesaid. The act of 1833 deolarea that the times and plait for holding court aa then fixed Lj the statutes of tho territory, shall remain until ohanged by law. Tbe second act of 1692, Ucclarea that the governor and legislative assembly are authorised to readjust the districts lu such a manner at to best promote the convenient administration of JustU-e therein. Mow, In view of these i revisions, re-visions, baa the legislature the authority author-ity to delegate thla power? Possibly there waa no necessity for Uongteis pesklngon the subject, but having declared Its will, Its Intention when ascertained will of course limit the authority of the local legislature. "decoud, It the governor la lawfully exercising the power, does his t ro-clamatlou ro-clamatlou meet the requirements ol the law conferring authority upon him? Bhouldnenol designate in his i proclamation whero the causes, civil l and criminal, arising In ilthsr of the countlea comprising the district should be tried? Is It to be supposed that the legislature Intended to leavo it to the I pleasure of plaintiffs la civil caimeto I select either Ugden or I.ogati ta the 4 place for bringing their suits? And 7 in criminal cases, Is It to lie left to the f discretion of the committing msgls- -, tratea to recognise the defendants to ' appear at either place, as tho magls- , trate may determine? Doer not a lair and reasonable Interpretation ol the atatutea (189:, age 00) require the governor to determine by hla proclamation where tho causes, arising as aforesaid, ahall le tried; that Is to say, causea arlilng In certain count.ee ihtlt lw tried at Logan, In other countlea at Ogden? Certainly for tho convenient ( administration of Justice thla should Iweo. The local leglslslu re evidently ' took this view) ears ago lu relation to the then First district. "These are serloua questions and should be determined juilcnlly a d after argument. Tho matter Is one In which the bar la generally lutereiteJ and It teems lo mo that with pro rlety you might call uptu the attorney, friends of the court, to Invalidate and proicnt the nueitlons. My own Judg. mtnt It. without present examination, that the poller to fix the p ace of bold-Dlt bold-Dlt cti.rt nits with the l.glilature.' Judgo lllackburn has ahu received n copy of the letter from the district ittorney, |