Show the Judi judiciary cLary the ninth se section ct ion of the organic act provides for the judicial department it declares tha clial i thi this s power shall be vested in a supreme court district court probate court and justices of the peace ibe ae district judges who c compose 0 o 1 the supreme court under this act are appointed hy by the president it leaves the pre probate judge jude a and nd justice of the pence peace to the ap of the territorial legislature ft il limits the jurisdiction of the ju justices of the peace to matters in controversy tro versy of and under and prohibits them from taking cognizance of title to lands the supreme court the district court and the Probate courts are to exercise exercise such jurisdiction as may inay be prescribed by law of the legislature it might lie be said that this gave to the legislature plenary power of the jurisdiction ris of the courts 1 the chii same stion section of the organic organ i c I 1 act ho however levei provides that writs of error bills billi ol of exceptions except iona ani and appeals appeal shall bah be allowed in all 11 II castal casts froin tom the final sons of aid district court to the supreme court but in in no place does it provide for late court aire any y thus ignoring georing the idea that the pr court was a ts to any J jurisdiction uris in in matters save and except those which legitimately belong to and are exercised by courts courts of that denomination to wit over estates of deceased lunatics minors ac v c it I 1 is a absurd to suppose supple that congress designed the these se inferior judges of probate were to beep trusted with unlimited jurisdiction without cuaran guaranteeing teeing an appeal appe alto 0 some ome superior tribunal doubtless it was intended intend ed that where the juris diction of justices of the peace ended there that of the district di court should commence the first territorial legislature made the Judi judiciary clayy the subject of its first act this act declares that the district courts shall exercise jurisdiction both in civil and c criminal amna cases when not otherwise pov provided ide b by law in this vague language it defines the power of these courts by section 29 it declares the several probate cearle couret in their respective counties have power to exer cise original jurisdiction both civil and criminal as well in chancery as ag at co common law when not prohibited by b leg legislative enactment by the first it u will bese be seen enit it only ca confers infers on on the district courts court such jurisdiction not otherwise provided by law on the probate courts i confers all jurisdiction hot actually prohibited prohibit id bylaw by jaw making che powers of the probate judge who holds his ais appointment from the legisla legi slature far more ample than those of ofa the district J judges the next section 30 makes an insidious showing of subordination to td the district C court ourt but ut its language langua is too stu studiously 1 liou sly ev evasive not to strike even th the e most superficial it reads thus ap appeals eals are arc allowed allowed from all A decree decrees s add ad dp derisions deri of the probate to the district net courts except when otherwise id ed on the merit I 1 ot of any affecting flit rights or interest of I 1 the exception as fully abrogating all right of appeal ippe alas as language con str ed by d judge can malce make it it was obviously thus the intention by this species of legislation to pervert vert th the administration of the laws from dor the tribunals constituted by Coji gress f crew lures of Mor power ower in wever every 1 county of the territory I 1 the e probate judge ranges over the whole domain odthe of the law with the scales ofal of justice us 1 tic e and the sword of retribution no ni crimes 1 re s vast no charge involving life or or liberty he be may no punish no DO rights of kropi property erty so important and intricate ahe lie may inay not weigh and trod liu his august decrees le crees appeals ate afre allowed except on the ibe merit of iny maite matter r affecting the rights or inter ests est of individuals it is is just to presume presume the term ts applies to 0 the gentiles whither whether to the saints we can express po no opinion so much for the judiciary as id ed by the hands bands of Brigha young mYoung in the day when hu he presided oar over the territory and his myrmidons filled the legislature it was with due form placed place dupon ulion the statute hook book gov Cu minIng and all the aimy army of the united states cannot repeal it 0 o longas long as this ilus people shall maintain control of the legislature Inar in alioth loth ler er we shall revie review vIi more generelly eneri illy the stat statutes itice of utah territorial Terri lorial en enterprise rort |