| Show S OP OF THE PEACE A k question ettoil tile public will 1 demember abo cite cige in which the prose prone callon ot at is to lo houses ot of ill III cameo iame ellich alch such a fodore among rabid anti was summarily put a stop to la in ahl his case the llie supreme prenie our buil t ruled tint justices of 0 the llie peace pi could not nol tile llie conferred on oil them by the 18 ams to try offenders the MIS as six months imprisonment bud and less lees than title line the opinion wits delivered by J judge nd ge boreman and concurred in by ex judge power lowers claitt justice zinc zane dissenting the decision has bis been severely critic criticized criticised ed and by lie felding lenglin len ilin tte bar as bid lw law anti anil elie alio of ct citi iliac tullus ocic it to acted in ill numerous today to day the tIti question estion nas as brought bron glit up A ng ain la in tile supreme court tills this tsuio on 11 nu u appeal takegi liy by V L G richards kl i lit altol icv tor for coulty the ali cc is 1 one wllliam Wll liim pong doug hiss 1 I lio be was wai prosecuted ill 0 deu bi be forc a ut tile the peace once and ami bring being tiled hied mid anti found guilty of 0 b u us the alic defendant up pealed to 1 tile raitt distract court and was discharged weber avener toi elicit look nn nit appeal to llie supreme coal cobit I 1 ili sir richards leli irdi presented tile lie case tills litter in liia his mr Richal richards ds ills borth the fullow iLig llie lite clience in uth a lequir c 41 it j ll 11 lia diction ill ill abo 0 statutes ur or fin binin coalition liw law or front both ad d if inc find that tile of llie lie justices of ti tile peace to licar heal try toil determine vas is h defiled wholly holly front tile statute itara has bas the legislature of 0 utah to til imet a statute defining delin inc thell ad if the agi I 1 aline vt of itell iiii a llie lclive llie file of al justices of the pence peace anti and to confer laou them jut Itil letlon to bea hear r try and dc lei little this caas of ft offe fell his it dout so he lu then proceeds ds calug cabug authorities to to ron his bl po position sidonIO to show bit in nil of tile states and Teril tolles lit in llie lie united baale ilia ut of justices ot of the I 1 icam to licar heal fly kiy and determine criminal cases Is mildly statutory talu tory that under tile ibo law ina lid and it lo 10 llie file absence ab acice selce 1 I A statute confer rida riu jurisdiction jut justice icis of 0 tile the pence peace bac tie no to heni heal try and nd ermille ca care cace ce they M ere file mcimely ely mosel of t the peace pl arc and could anly lily tit sit as nitting inno incela I 1 a irate that their jurisdiction in r iii ual cici mas uns hall statutory a and till ill that a t do pill of it thiis its from rom alio law liv and und ful their that there tills lias neier been boy cy co mamou law ot if the united state s either cail or criminal and there being bans no each acl common law lav in exi for lort tile li at or tei hitoi tat boulls a ol 01 if tile the peace could acquire no iiii berc lie ilo further li ocil ihna the jurisdiction fit justice of the pence peace N as aa v I 1 lolly holly sta y find and that tile proper the J lied lid conf conferred elred tile llie on justices 1 excel x ati flat filin A decisions ol of the united beatea baates supreme chint ere reid in support 1 ott ot of tile i lie proposition hint flat the legis 1 attile had laid full and unquestioned nu an tu to bellue tile erl minal fin tion 11 of 0 of 0 the ibe lie cc lit in mill in ill inday ut of tile alie states slates aud and 1 viles their pier exceeded gt grained ill 1 ell I 1 in n tollow follow ing lion lett ii to one ot oi the grounds oi gullich the deel inn WM was b based ased when we a analyde te the decision in ill tile the we flud lliott the whole and vital 01 raised tu to tile tho 0 of llie file justice Is colleen tit ed in in thia tint hit tile has author icil tin the or of too 00 oo heavy 1 i I thereby Z in ill the hands ol of the justice potter to punish too severely wo tile aie not told that the oa ailt itt of to ile hi cu trusted d anith illi the llie wal of 0 stich offenses on the contrary iry it li 18 that tic ho should be bu buic it lie ole nic told that the arx ou either cither to make the ies acs or not dot attempt to entrust file t 0 of tile llie clience the punishment lu be hillisted and not tile aliss aliisa of offense I 1 1 it iams is to llie lie j justices ace authority 0 suh such being llie lite rase calie und and the fill legislature balag tile lie right as ims has been conceded in ill authorize tile autice to try the case it tile punish acre arc less ss ashy hy has the ibo not the llie to say thia Is A 1 sul lable caze t W be tiled lit in file court conn bud and a 1 line ji lie our a nr sum mn ices thin that lw nr fir lu the onney jail not exceeding c fix or botti is a suitable for llie ilia cl clinic ole mr bit li Is tile the attorney for llie ilia ic in tile cue dear demit ef betsi y e 7 |
