Show IAIV IIBLATINU TO APPEALS In Itrltlu airs of Polgcr ChIldren tumId XCblef Juillce Ziuu delivered au opinion loday In tbe matter of the state of George H ndley UteeabeJ holding the act of 1693 pertaining to ohm beatable lltUl ol polygamous mnrrie oLoJolIlollooal beaulo m Its patisgi the loulaialnre 1 ai uumed lo exsrolso judloal pow on and alto seiumtiJ the right to require the courts to regard Judgment as impusobable that wen uolmlchbl under lb law 111 loreo at Ibe lime Iboy wuro mealare I and ty Ibo rights of wblcl won et labll1b anll nIJeocd Gobrte UanUly died In Bait Like City ou Ibe 25th 01 May 1SC4 bayIng two wives Rod oignt children four by > each wife His ttUte wsa ttlmaltj 10 Lo valued at upwards of J26C03 the first wile UUtibeih Ilaudley was appointed admiuljtratrlx 01 lIce estate and filed an Inventory Old IUo1 account of mcb when Ihe aec ond wile Banal A Chapman aiitl her unuren tit u a petition ait lug that Ihty bo reuognlzitd lawful heir hJc J OII iw II I ul Ilio dtcotd aim that his mtate be Ivldtd iqually between Ihe ohlliren obulli wiver Tne court below gave Ha conclusion ol law whlci lu I ellcct was that tOe clilldreii of Iho second WB wore nit inlltltu lo any ran 01 the tstatg arid uiered a dtctte aeconllnjly SIlo matter was Ibo taken lo Ite errltorlal supremo coon nod one In oslou ol lIce lower I court tlllmej r0tMlocers lies uircl d to the United Btalei luprime court where I was dlsmlsied for want of Jurladlc 11011 Blx years later 1690 Ibe Slate legls Isluro raised a law J upon which a motion far a rehtarluK was argued out submltteJ Hoctlon 2 of thu statute boas bo-as follow That In all roses Involving the rights of such lantio blgamoosand polygamous marrlaRe to no In horn hloor do < adversely lo each Issue In any of tue couru of iho Territory of Utah a motion for a now trial or rehearing shall OS entertained on application of such ISu who VOl or wre Irllo at soy limo ltblo ono Jor MIce not acl shall take cIrca and the ce or canes In which raId motion Is I no directed to bo beard ahull bo deemed to tmnaforrcd to Ih courts of lbs HUto of Utah corresponding corres-ponding to that of Ibo Territory ol Utah In which ouch advert decision was mat and Ilio courts shall thereupon pioceed to hear aud dolormlno aald cao or carei wlthoiK preiuilleo from the lapse of time since the forrnor hearing or any prior do loire lentiou of a like motion provided that this act shall not be no nscrae to aFoot tho rlghla of bonu Ode urcbra from any such purtlea bcforo the approval of tills act mu law c1 162 the court dOlor mined Ihu rlgbl of ponitos 10 au or tale by itlvlng tue entire eitate to the lawful or first wlfcand which bcuime fuel alter the time for filing a petition peti-tion for rehearing ha patatd which li one year sroamtc unoneotog the right of Iho plural children Under Ibu law ol t 1590 sayi u could bavii uo I ofl ol upju me preieut because the dociee Ibo court became final six years before Ibe law Loot trot It Is further held by Ouiel Justice Zino that alter a ojurt interpreted a statute the li > lilalur cannot elTjgl It by t > declartory or explanatory ucl hlog Ibo lay under which lIce uc ctte was rendereJ u dltleront rot truetluu A relroipectlvn act oouU out o > mel Ihu courts lo employ II The peopln of Ibe elite the dart coollout toss DOt entrolloJ such p010rre 10 Ibe ledlelatuor 1 no Oaun Ibo holds timt tbe law of ISfJO Is I Invalid for toe reason already eao ItJnlll Juilloe Minor and DUlrlcl JudjeO J Hsttoncur lu the opinion |