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Show h 9gttm function. PflWishsd every WEDNESDAY and SATURDAY, byth OilDtX I'EDUSHINO COMPANT. .W. Penrose, Editor. Charles aud linBineim Manager. OGDEX, UTAH. MARCH WEDNESDAY, i 5. .1873 Weak and Watery. The Xeio Endowment Salt Lake paper turns out to be a weak affair, containing very little matter of general interest. Yesterday it tried its hand ou Utah matters with exceed- In ing small success. watery article, commenting on sonic remarks of the X. Y. Herald, it says: a The people of the Territory submit, of course, to the dispensation of the law as ii stands; but shall not Congress in its fiduciary capacity, 83 assert the law, as the necessity seems to demand, that the courts acting directly by Act of the Congress shall take precedence in ultimate authority, of the municipal government? Possibly, we are wrong in this statement of the question; but this seems to us to be the fair statement. The Endowment man should make himself acquainted with the statutes of Utah, and the actual positiou of affairs hero before making any comments. The Federal Courts here havo always had "precedence in ultimate authority," and all our Courts derive their powers from the same source the Organic Act and Legislative enactments, passed in accordance therewith. In another article a pureilo attempt U mado to abuse the Utah Central aud Utah Southern Railroad, the motive for which crops out in the second paragraph. The Endowment man wants a free pass over those roads let him havo these and all will be lovely. When he trios again wo hope he'll make abetter attempt than those referred to above, or his paper w ill soon be numbered among the dead and damned. The Frcliiigliiiyscn Bill. give below, the bill introduced into the Senate on the 15th inst., AVe and which, with amendments, was passed by that body at the night session on 2Gth inst. It must be understood that, by the amendments, the Surveyor General is substituted for the Judge, to act with th-- U. S. Marshal and the. Clerk nf the District Court aa a Board, to make out the jury list, and two Commissioners, to be elected by tho qual-ifie- d electors or the Legislative are added to said Board: that writs of error to the U. S. Supreme Court are allowed in capital criminal cases; that ballots are to be counted and the announcement of the result liiade immediately after elections, and that failure to do so is made a As-senib- v, felony. a in if if imii. of th. repetition of tlw. laws Territory of Utah, arid for other in ci'J A Hit' , ji'irpo.ws, Do it enacted by the senate And house of the United States representatives America in congress assembled,- - That the United States marshal of Utah Territory may appoint deputies in each of the o judicial districts of said Territory. Said deputies shall be author-izo- J to enter upon the d'sehargeof their duties upon tlio approval of such appointment by the judge' of the district court of the district tor which each is appoiuteJ: and said deputies sha 1 take and subscribe the same oath prescibed 1y law to bo taken by the marshal, and give bond, with good and sufficient sureties, to said marshal, in the penal sum of ten thousand dollar?, conditioned for the faithful discharge of their duties as such deputy; and said appointment, approval, and bond shall be entered upon the i coords of said court, and the judge if such district court may remove any such deputy marsh.il at pleasure, and ths offices of attorney-generof said Territory, 'and Territorial marshal are t '. abolished. urety Sec". 2.. That it shall be the duty of sai l marshal, in person or by his depu al ties, to attend the district and supreme courts of said Territory, and serve and execute all process, orders; judgment, or decrees issued, rendered or directed by nid courts, or by any judge thereof, when exercising jurisdictionteither as a circuit or district court of he United Slates, or us a judge thereof, or as courts of the Territory, or as a judge hereof eo 3. That the United States district attorney of said Territory may also appoint assistants in each of the judical districts of said Territory, with the approval of the judge of the district court of the district for which such appointment is made, aud said assistant shall take and subscribe the same oath prescribed by law to be taken by the district attorney; und said appointmeut, approval, and oath shall be eutered upon the records of said courts Such Khali receive the same fees and emoluments as the district attorney would be entitled to for the same service, and shall be removable at the pleasure of such district judge. Sec. 4. That it shall be the duty of said district attorney, in person or by his assistants, to attend all the courts as well under the laws of said Territory as of the United States, and perform the duties of prosecuting attorney in all criminal caves arising in said courts. Sec. 5. That only male citizens of the United States over the age of twenty-on- e years shall be compvlant to serve as grand or petit jurors in any court in said Territory. Seo. 6. That the grand jury of said Territory shall consist of eighteen god and lawful men, twelve of whom concurring may find and return a bill of indictment. Seo. 7. That whenever a judge of any district court of said Territory shall determine that a grand or petit jury will be needed at a term of sucu court, the said judge, surveyor general, Judge Thurman's amendment the clerk of such court, and the United States marshal and two elected commissioners Bhall judge Thurman's amendment without regard to the religious, political or social opinions ofsuch citizeus, make a list ii writing of two hundred male citizens of the United States, above tho ge of twenty-on- e years residing in such and atiiz thereto their cershall district, tificate to the effect that tho same is the list from which the grand and petil jurors are to be drawn for the terms of such court to be holden within the year next following, and shall cause to same to bo filed in the office of the clerk of said court; and whenever the judge shall order the clerk to issue a venire, the elerk in the presence of said judge and marshal or his deputy shall write the names contained in the said list, each on a seperate slip of paper, all the slips being of the same size and kind and shall fold them uniformly so that the name writUn thereon shall be concealed, shall then place them in a covered box and thoroughly mix and mingle them, and shall then not select but shall draw, as by Jot, therefrom tho requisite number of names. If a grand jury be required, it shall bo drawn first, and consist the number of before provided. The number of petit jurors thus drawn shall bo such as in the opinion of such judge ie needful to discharge the entire jury duty for such term,andso that thereshall always bo three more jurors than the number required for each separate panel, and the panel in each trial shall be t welve men. The clerk shall make a i Bt in writing of tho names of the per sens so drawn, aud the clerk and the 1 marshal shall affix thereto their certificates of the time and place of such drawing, and file the same in the office of said clerk, who shall forthwith issue a venire to the said marshal, commanding him to summon the persons so drawn U attend and serre as such jurors at the time and place previously designated by the said judge, and, such jurors shall constitute the regular jurors for such terra of tho ceurt for all cases, whether arising undtr the laws of the United Statesorunderthelaws of said Territory. If at any time a talesmen shall be required, his or their names shall be drawn from the said box by the clerk ia open court, and if the attendance of such jurors cannot be procured in a reasonable timo other names shall be drawn, and so from time to time until the jury is obtained. No challenge shall be allowed on the ground that a juror had been summoned or had served at a previous term of court. Each party, whether in civil or criminal cases, shall be allowed three peremptory challenges: Iu criminal cases the court and not the jury shall pronounce tho punishment under the limitation prescribed by law. Sec. 8. That in ull civil suits or at. law or iu equity wherein the United States nre neither a party nor interested lawful costs may be taxed against and collected of the proper parties, under th direction of the court, and the collection thereof enforced by execution or attachment against the property of the party. The lees of the jury shall bo advanced by tiie plaintiff, and shall be taxed as costs if the plaintiff pro-eeodin- gs recover. That tho United States attorassistant attorney, United States marshal, and deputy marshal, and each grand aud petit juror shall receive for his services in criminal coses or proceedings arising under the laws of the Territory, the, same fees or compensation as are allowed for like services in criminal cases or proceeding arising under the laws of the United State, and Seo. 0. ney, ; such fees or compensation being ascertained by the court or judge before whom the services are rendered, or, in case of the attorney and marshal, by the supreme court of the Territory, shall be paid to the said attorney, assistant attorney, marshal, and deputy marshal, and jurors respectively from the Terri- torial treasury. That whenever any future in said Territory shall rest marriage solely on the contract of the parties followed by cohabitation, in all prosecutions for bigamy, polygamy, or adultery, it shall not be necessary to prove either the first or subsequent marriage by the registration or certificate thereof or oth er record evidence, but the same may be proved by such evidence as is admissible to prove a marriage in civil cases, and proof of cohabitation by the accused with more than one man or woman as husband and wife, and the acts and de clarations of the accused shall be admissible in evidence against him or her. Sec. 11. That any woman now cr hereafter holding the relation of spouse, or consort, and not that of lawful wife, to any man who at the time cohabits with another woman as his wife, spouse, or consort, may file her petitioa in the district court of the district in which she resides, asking to be discharged from such relation, and the person to whom she bears tho rela ion aforesaid being made a party thereto, and having notice of such proceeding, the said court may, upon due hearing, adjudge and decree her discharged and freed from such relation aforesaid, and may adjudge and to her the possession and control of her minor child or children, together with such portion of the estate and property of said man to whom she held the said relation as shall, under all the circumstances, be equitable and just for tho support of herself and minor child or children, and the said court shall cause to be mado ou the records an entry of such decree, and give to her a declaration of discharge, setting forth briefly the substance of such decree, and upon the entry of such decree the said woman so Prodischarged shall be a feamie vided, nevertheless, That nothing in this section contained, shall be construed to have the effect of recognizing the validity or legal effect of any dual or plural marriage, or to repeal any laws in relation to divorce; and nothing in this act shall be held to repeal, annul, or change any existing laws against, polygamy or bigamy otherwise than as the same are modified in regard to the evidence admissible to prove the said offenses by the preceeding sections. Sec. 12. That in all cases or proceed-ng- s when imprisonment may be orderif ed, there be no jail or prison in which the person can with safety be kept, the court or judge may order such person to be confined in any military prison or camp of the United States in said Territory, and the officer or person in command of such prison or camp is hereby authorized and required, on the order of the court or judge, to receive and safely keep such person until he shall be lawfully discharged or removed therefrom. Sec. 13. That if the United States marshal, or any of his deputies, shall be resisted, or threatened with resistance, in the lawful execution of any writ, order, process, judgment, or decree of any court or judge of said Territory, said marshal, or either of his deputies, may, if, in his judgment, assistance is neces sary, summon the posse comitatus, or may apply t the commander or person in charge of any military camp or post of the United States in said Territory or to any one having charge of troops of the United States therein, for a posse to aid such officer, and, upon such application being made, the commander or person in charge of such military camp, post, or troops is hereby authorized to detail a sufficient number of men to act as a posse comitatus to enforce such writ or other process ; and said marshal, or either of his deputies, may make application for such assistance when necessary to suppress any mob, riot, or other tumultuous disturbance of the peace. Sec. 14. That it shall be the duty of the governor of said Territory, so often as it shall appear necessary, to inspoct, or cause to be inspected, the jails or other prisons in said Territory, and the manner prisoners aro held, treated and Sec. 10. de-ci- imprisoned therein; and the governor shall make rules for the regulation and government of said jails and prisons; and he is hereby empowered to remove the wardens and keepers of all jails and prisons or other officers connected therewith, and appoint others in their stead, as often as, in his opinion, the public good shall require. Sec. 15. That no alien while living in bigamy or polygamy shall hereafter be admitted to citizenship of the United States. Sec. 10. That in the absence, or in case of sickness or other disability, of any of. the judges of said Territory, or for any cause whatever which renders it necessary, it Bhall be competent for either of the judges to hold court or perform judicial duties in any of the judicial districts of said Territory; and it is hereby made the duty of said judges upon the request or directiou of the governor of said Territory in writing, to proceed to the districts designated and hold the terms of tho court therein until such necessity shall n "'I'"'-'' cease.5, Sec. 17. ThU the probate judges and notaries public in said Territory shall be appointed by tho governor, be subject to removal by him, and shall ' " hold their offices for the term prescribed by law, or until their successors are appointed and qualified. Sec. 18. That an appeal by any party aggrieved shall be allowed from all final decisions, orders, judgments, or decrees of all inferior courts in said Territory to the district court of the district; and a like appeal upon all matters of law aud equity from the district and by courts to the supreme court, Frelinghuysen'a amendment, an appeal in criminal capital eases to the supreme court of the United States and in correction of the proceedings of such inferior courts of said Teritory, or of such district courts; and to prevent and correct abuses by the same, the supreme court and district courts of said Territory are hereby authorized to issue writs of error, certioriari, mandamus, injunction, prohibition, or other remedial pro cess; and in all cases of appeal from one court to another, where a bond or security is required to be given by the party appealing, it shall not be lawful to demand or exact of such party the payment of costs adjudged or taxed against him until the appeal shall be finally disposed of by the appelate court; and the supreme court of said Territory may make rules and regulations as to the mode and manner of taking and perfecting appeals from one court to another in said Territory, and the security if any to be given in such appeals, so that the just right of the parties may be secured and preserved: Provided, that do appeal in civil cases shall be allowed in mutters not involving more than twenty dollars. And the supreme court of the said Territory and the judges thereof only shall have power to issue writs of habeas corpus. Sec. 19. That in all cases of election by ballot it shall be unlawful for any person to put any number, figure, or device upon such ballot, whereby any person may be enabled to ascertain by or for whom the ballot was given, and any violation of, or attempt to violate, this provision shall be deemed and taken to be a felony, and, upon conviction thereof, the person bo offending may be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. And at all elections none but male citizens of the United States, over twenty-on- e years of age, and who havo resided in the county four months, and in the precinct or election district, thirty days prior to the election, shall be qualified to vote. Sec. 20. That the probate courts in their respective counties in said Territory shall have power to hear, try, and determine civil causes wherein the debt or demand dees not exceed two hundred dollars, but shall not exercise any criminal or equity jurisdiction whatever; that the district courts in said Territory shall have exclusive original jurisdiction in all actions, for divorce or alimony, and in all chancery cases and proceedings; all courts in said Territory, except the supreme, district, probate, and justices' courts, provided for in the organic act thereof, and excepting county courts as far as relates to the exercise of executive functions, except as hereinafter provided, are hereby abolished. The judges of the supreme court may by a general order fix the time and place for holding the respectivedistrict courts, which order shall continue in force for one year and until otherwise ordered; and special terms in any district shall, when necessary, be fixed by the order of said judges. The supreme court may establish the judicial districts authorized under the act establishing said Territory, and assign the judges thereto. The district courts shall have exclu sive original jurisdiction in all proceedings for the condemnation of private property for public uses, subject to review as in other cases by the supreme court. Sec. 21. That each district court in the reTerritory shall appoint a short-hanwhose be to shall it report porter, duty and transcribe the testimony and proceedings in all criminal cases, and who shall receive compensation therefor not exceeding ten dollars per day for the time necessarily employed in court and in transcribing his notes, which transcript shall bo filed in the cause. Such fees or compensation for services in cases of j rocoedings arising under the laws of the Territory, being taxed by the court or judge, shall be paid to such d reporter from the Territorial treasury, and in case the Territorial legislature shall fail to make provision for the payment of the compensations by this act made chargeable upon the Territorial treasury, then in such case the same shall bq paid out of the funds which have been or shall be appropriated by congress to defray the expenses of the Territorial legislature and for the compensation of the members thereof, and the compensation of such members shall bo diminished accoraingly. Sec. 22. That if any person not qualified to vote shall vote, knowing himself to be disqualified, at any election, or if any qualified voter shall unlawfully cast at any election more than one vote for the same officer or officers, he shall be deemed guilty of a misdemeanor, and siiall, upon conviction thereof in the district court of the properdistrict.be punished by a fine net exceeding five hundred dollars, or by Imprisonment not exceeding one year, or by both fine and imprisonment, in the discretion of the court. Soc. S3. That at any general or spe cial election held in said Territor election precincts shall be ewahfi'i and designated at least thirty fore the election. Sec. 24. That the acts and parts 0fa , passed by the legislative assembly 0rt& said Territory aro hereby modified trolled or repealed as follows, Ihttt the corporation existing under act entitled -- An ordinance incorporati!0 tho Church of Jesus Christ of LuUeTu 5 Saints," approved February eieheighteen hundred and fifty-onis L by forbidden and disqualified from beint the owner, directly or indirectly 0ftt amount of property in value than six millions of dollars, and greater fbrbid-de- n from solranizing or forming 0f authorizing to be solemnized or forme any marriage or similar relation, con' trary to the provisions of existing gtaL tutes against bigamy and polygamy, contrary to the common law; und 'said ordinance shall Ue subject to be altered or repealed by congress, and by the state at any time formed out of the Territory of Utah, and the said corporation shall be subject to be dissolved by congress or by such State; that the eighteenth and twenty-secon- d sections of an act entitled 'An act in relation to the judicinry" approved Jan. nineteenth, eighteen hundred and and the first, fourth, twentieth, and twenty-sixtsectious of an act entitled "An act regulating the mode of procedure in civil s in the courts of the Territory of Utah,", proved December thirtieth, eighteen hundred and also sections four and thirteen of an act entitled 'An act in relation to justices of the peace," approved February fourth, eighteen and also, an act entitled, "An act conferring upou women the elective franchise, approved February twelfth, eighteen hundred and seventy; also, an act entitled "An act providing for the management of certain property," jS1 - e, fifty-liv- e, h ca-e- fifty-tw- bun-dro- fifty-tw- d o; approved January twentieth, eighteen hundred aud fifty four; also that the first section of an net entitled "An act limiting the time of commencing civil actions," approved February sixteenth, eighteen hundred and seventy-two- , are hereby repealed, and all causes of action referred to in the first section ot said act bhall remain and be unaffected thereby; aud all the other parts of the act shall only be prospective from the time of its passage and shall not affect causes of action existing when the law was passed; which causes of action shall be limited and determined according to tho then existing laws; and also, that the act entitled "An act for the organization of the militia of the Territory of Utah," approved January fifteenth and eightern hundred and the "System of regulations for the present organization and government of the militia of the Territory of Utath," adopted July, eighteen hundred and also, section seven and section eight, so far as they give the control of insane persons, their families, chil dren, and estates, real or personal, and so far as they give the control of orphans and minors to the county courts of said Territory, being the seventh and eighth sections of an act entitled "An act creating the office of selectmen, and prescribing their duties, also the duties of county courts," approved January eighth, eighteen hundred and sixty-six- ; also, section one of an act entitled "An act containing provisions applicable to the laws of the Territory of Utah,'' approved January fourteenth, eighteen hundred and also, an act enact in titled "An relation to writs of habeas corpus," approved February seco ond, eighteen hundred and fifty-twconfer far as the same purports to upon the probate courts the power to issue or allow writs of habeas corpus ; also, section three of an act entitled "An act in relation to writs of ejectment," approved March third, eighteen hundred and fifty-twalso, section r of an act entitled "An at twenty-foutne mode of procedure in regulating criminal cases," approved January twenty-firs- t eighteen hundred and fifty, section three of an act enalso, three; titled "An act to regulate surveyors and surveying," approved March third, last-nam- ed n, fifty-seve- fifty-seve- n; fifty-fou- r; o; eighteen hundred and' fifty-tw- also, o; section five an act entitled "An act regulating elections," approved Jannary third, eighteen lmndred and also, section three of an act entitled "An ef act concerning ilo property-right- s married persons," approved February sixteeuth eighteen hundred and seventy-tware hereby repealed. And all acts or parts of acts so far as the same are inconsistent or in conflict with the provisions of this act are hereby repealed, and no acs shall hereafter be passed by the legislature of tbe said Territory inconsistent or in conflict with the principles of the repealing provisions of this act. fifty-thre- e; o, A farmer recklessly publishes the following challenge: "1 will bet $42. 25 that my hired man can tike longer to go to the harvest field, get back do less, to dinner quicker, eat mo-reand bear down harder ou a paunol ot the fonce, than any other hired man within fifteen miles of the flag-stain our town." S? Whitcheair EST , ff Se Ailrertiserajeiit. ---- 7 What do. grent Uars do whan they die! They lie sSjAL |