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Show She gtmrtum. eWv 4 SATTJRDAT, WEpyKPTlAY bjr tlt (Jtttr Pi'BLKafts CoKPAsr. PabU'shel I linrlc W. Penrose, Editor. and Buainesi Maiiajar. OG!EX, UTAH. WEDNESDAY, APUI Jtlonex, 3Ioney i L 9, Hall, Concert and FRIDAY, 4. A Call. Last evening the pupils at Professor Monch's Seminary, and a few invited Territory or Utah, ) March term, 187S. Third District Court. ) guests enjoyed themselves exceedingly S. Haskins In ejectment for ) at a dance, concei t and supper, the form- Joseph the Montezuma V3, er in Ihe upper room of the City Hall, Enos W. Wall et at, J allTjt mine. and the latter at Child's Hall. Purdy'e The plaintiff interposes a challenge to band furnished the music, which it in the array of ihe jury, on various grounds needless to say was first rate, and the stated in writing and placed on file. The controvert some of those . Follow- defendants scholars proviJed ihe and demur toothers. The posigrounds ing is the programme of the entertain tions taken by either party will be sufment givsn by wuy of variety to the ficiently referred to in the opinion of the Elder Orson Hyde, who has received the subjoined nole from Wales, hbs handed it to us with a request to pub- lish. 1873. (he 8(111 Dear Brother Hyde We the undersigned would be extremely thaukful to you if you could get an advertisement in the. Deskubt News to tks following effect. A Opinion of. Chief Justice i'ic-ni- c. CALL inOM SOUTH WALKS jic-nic- the Welch brethren aud sisters, Crjv and others, who are now in Utah, to do Bulwer was not far off in his pres- unto us as tha Danes did last season to- bull: wards emigrating their poorer brethren "The Rattlesnake," by Mis Select Reading cience, when, in his famous drama of ami sisters. Riiiabeth hvann. 1 en The strike stoconsequent great Puct t;Money," he caricatured tho serviliby I'rof. Pugh and wife. of all iron works throughout Wales iMilcrt Reading y Mi Siege of Leydsu" pple Reliecca Pool ty of the millionaires to the omnipo- is the reason of our making thin call. Rocimttou "The burial of Sir John Moore" by tence of gold. Shylock could not le John A. Lewis, President. Mr. A. C. Brown. Comic Soug Counsellor. Joux by Mr W Peurce. Uees, a his demand more exacting in lor illiauis. Religion Mis Letitia ... Tiios. Wauxet, Counsellor. ha. th Mi Adelaide lirovru. flesh of from the breast R. of John Davis, Secretary. pound Hope Miii Mitriu liul Unity tie. Upon ... ... Antonio, than the vampires that 6uck d from the very heart of tho this natiou. The people of the United States arc, in truth, without money, there being no circulating medium commensurate with their requirements. With less than seven hundred millions of money extant under the fallacious system of fiuances which has been established, the wealth of this country, the richest in the world, life-bloo- has been absorbed by a clas.s tf monopolists, and made subscrvieut to the caprices of speculators. We arc on the verge of a crLis. Better is it that it should come today than hereafter, better than at another time that we should meet the consequences of financial derangements. More money is demanded; greater facilities of exchange arc imperatively required. A more expanded circulation for the use of the people engaged in the various pursuits of life, is urgently pressed. The resources of the country have been called into requisition for the purpose of maintaining an erroneous policy of political economy. The policy of the Administration has been towards a contraction of the national currency, under the impression that an inflation of our circulating medium would affect the movement inaugurated to cancel the immense debt which weighs upon the Government like a night-marSerioui disturbances must necessarily arise from mistaken views, which were received and adopted in accore. dance with political exigencies and temporizing necessities. More means are wanted to facilitate commercial intercourse, and the sooner the Gov F. M. Smith, J. Koseborough and Z. Snow, in support of the challenge, cited thu records of this court and of the Su- preme Court of the Terri'ory, also the Laws of Utah, p. 69, Sec. 2, etc., laws of 1870, p. 12G; 1 Peters. 310. C. 11. Hempstead, J. Spratt and Wm. ILiydon, in opposition, cited 2 Graham & Waterman on New Trials, 153, 159, 100; Laws of Utah, p. 08, Sec. 4; 1 Greenleaf on Ev. Sees. 83, 92 and notes; Sedgwick on Statutory and Constitutional Laws, 370 G; 2 Kent's Com. 205; 3 . Charity Mips iNina tuir. IVace Mifs Mary l.utie. Newman, Mvekuein Mibh Deserct Even ivy Newt. The Twelve G races: (aOOfl Scum U Iinlaved bj calling at C. W. Suit STuKK on Maiu court. l'rildenra Minj lile. PTAYXKR'8 Justice Miss llattie lirown. Lake City, to iHLSlC atreet, i.uuerity Mi Slattio llrowa. .eutim.- - Mi Mu ali Karr. buy your Accordeons, Violiun, Guitar, Concer tinas, btrtngo, and all kmun 01 Mnsi.nl liiHtru Modesty Miss Mary Kurt up. menu. A hirite assortment 01 thoe beautiful Patience M:s Hannah Turner aweet-toncKSl'KY OKliANS, ami those elepiut Quartette by M.e Adelia Pinjee, Rosa Welch, VICTOR SKW1NU MACHINES, arming every leanutta PihiI and N.iali 1 Miner. day. He sell at a Hiiiall profit and gives hu iin- - Ui atitig of No. of "The- Lveu.in; fctar," edited by touirm the worth ot their monvy every time, or Mini Kiithimta Mill. 110 Kale. lUwcaiber, C1IAS. W . hi A 1 til, 8ou by Mr. Lot.ua U illianu. Muin Street. Blacks-tone'- I d thing patt;ed off charmingly, the young gentlemen aud ladies acquit iug themselves to ihe admiration of all Kvery At thk DeroT A Chinaman is run- re-be- nt. I jue-en-sa- nt 1 di-su- nt first-cla- ss t. well-assorte- d - dry-good- Candied Cantor Oil and Candied Vermifuge They ar deltcioua mediciuua And war ranted Price 25 cents. I'or aale by n - if harnil(is. t aimi ani. uruggtsu. ii. v. mi. 1. lion-Un- a. Mrs. Odell is doing ornmcnt officials understand the well. should a proud young be George necessity of giving tho masses an man about this time. He is made n abundant circulation, the more cor Dakuerously III. We are exlremely father for tho first time in his tain is it that our prosperity will be happy sorry to say that Mr. Jeffrey Dinsdale is life. W'e on established a substantial basis. congratulate him and his fair lying rery ill indeed, at his residence will continue in this city. He is suffering from ty young wife, and hope they in well doing. See birth notice. phoid fever ond htmorrage of the lungs A Second (?) and bis recovery is very doubtful. Mr. Hack Again. Mr. Perry C. West reWe publish in full, the Dinsdale is widely known and respected turned this morning from Star District. ruling of Chief Justice J. B. Mc- - here, and all his friends unite in hoping He didn't slay (here a year, as intendthat his disease may soon tako a fuvora ed, and doesn't want to go back to Kean, referred to in our issue of ble turn. "Star." It is not a beautiful "Star " yesterday. We hope it will be cop in his eyes. Perry finds quite a differObstacles to Marriairo. ied throughout the Union; that the Happy Relief for Young Meu from the effects of ence between mining life and the quiet error ana a nine id early lile. Slauuood restored. people of the United States may see Impediments to inarriuge re uomd. New method delights of Ogden. t- Cosoratclatory. 1 syo-tii- u Daniel to-da- y, for themselves what kind of Judjres fire sent to in an ago legal affairs in Utah. The "rifles, pistols and vigilance committees" referrcd'to by the Chief Justice, arc inventions of his own modicum of brains, and all. the troubles aud difficulties to which he alludes, are tho effects of his unprecedented rulings and stubborn persistence in the course ' of folly he commenced to walk in at the of his judicial career. The practice and usages, of ,the Courts of Utah fur twenty years, aud the decisions of the U. S. Supreme Court, count for nothing to him, end his private notions of "public policy" rank higher, in his estimation, than law and common sense-- . Who would want such a judge to decide a case where they were personally, coin-weucemc- nt of treatment. New and remarkable. remedies ikxika and cimiluM sent freo, In sealed envelopes. Addre. HOWARD ASSOCIATION. No. 2 South Ninth at., I'hiladplphin, I'a , on inrtitutivn having a ii'ku rvpuiai.oB iut uouorume conduct ami pro-1. it luwioiiai ui. the attention of our readers to the advertisement in another column, of the Brooks Sewing m. . f. vATTi.B and AUEKP. Tins .mornins Machine Co. of New York, they adverMessrs. Levi Carre t and Geo. Chandler tise, what is indeed a valuable invention, received from the East 150 head of the a Sewing Machine for five , fattest sheep ever imported into this dollars. stall-f.21 and head of cattle, Territory, ,TnlT Dorq.- - The dog advertised for fat, Sue and healthy. This stock will be can be found at the Chicago Bakery. exhibited, during Conference time, at their stalls in the Meat Market, Salt ISirtli. Lake City. Call and see them. Yesterday, at 4 p.m., to Mrs. Flora We would call 1 first-clas- s . d Claooett O.ncb Odell, wife of Mr. George T. Odell, of is Claggett this city, a fine son. Mother and is not Governor well. both Mori. at Salt Lake, lie he but has a paying Govern, though, ment appointment in Moutana. He arrived here last night, went on to lli city and put up at the Walker House.' This notice would make the Herald so "tick" that there would be little hopes of its recovery, only it localizes the event itself, with comments, and that makes tU the difference, you know, off-sprl- nj doing Coin. 77. McKean, C. J. It was held by the Supreme Court of the United States in the case of Clinton vs. Engelbrecht, (13 Wallace,) that the U. S. Marshal for this Territory was not the proper officer to summon a jury in a case like the one now at bar, a case arising under the la s of the Territory, or cognizable thereunder. It is now objected that J no. D. T. McAllister, who, acting as Territorial Marshal, summoned the jury now drawn, had not lawful authority to do the Mime. It is shown that on Ihe 12th day of 1870, the Hon. Cbas. C. Wilson, then the Chief Justice of the Supreme Court of this Territory, and Ju'lje of this District Court, and while filling in this court, in an aetion pending before him, and of which he had jurisdiction, rendered a judgment ousting the said McAllister from all authority in this court as such Territorial Marshal, and that such judgment wos after ward affirmed by the Supreme Court of this lerntsry, and has never been reversed. The office of Territorial Marshal is not provided for in the Organic Act of the Territory: and the seventh section of that Act provides that "the Governor shall nominate, and, by and with the adv.ee and consent of the Legislative Council, appoint all officers not herein 0 herwise provided for. If it were conceded t at the Assembly had a right to create such au office as that of Territo rial Marshal, yet it is clear that it is neither a "township " "district," nor "county" offi e; and neither the Assem bly nor the Council had any right to fill it without the nomination ot the Cover nor. And yet under the provisions of chip. IX. of the laws of Utah, p. 38, the two houses of the Legislative Assembly, in violation of the Organic Act, ignored the Governor and usurped authority to e'ect, and did e'.ect McAllister the Ter litorial Marshal. But if ibis office, created and improp eiiy filled by the Assembly, is vacant, cun it now be filled? By "An act to pro vide for filling vacancies in certain offices in the several Territories," ap proved Jan. 8, 1872, Congress provided. "ihat in any of Ihe Territories, wherein a vacancy shall happen from resignation or death during the recess of the Lrgis lative Council in any office ivhich, under the Organic Act of said Territory, is to be filled by appointment of the Governor, by and with the advice and consent of the Council, Ihe Governor shall fill up such vacancy by granting a commission, which shall expire at the end of the next session of the said Legislative Council. It is evident that this statute does not meet the question under considera'ion It will not do to say that because the offico was improperly lilted by the As sembly, therefore there is a vacancy caused by resignation or death during the recess of the Council. If a nomination had been made by the Governor to the Council and bad been rejected by Ihe Council; or if that body had adjourned without acting upon Ihe' nomination, whether the Governor could then make an appointment to fill the vacancy, is a different question from that now present ed. The jury now challenged was summoned by one who was elected Territo rial Mavshal without authority of law: he was afterward ousted from that office by a court of competent jurisdiction. There has beea a session of the lecrisla- tiveCouncil sincesuch judgment of ouster, and no nomination for Territorial Mar shal is shown U have been submitted to the Council; ahd the vacancy in the office was not so caused as to give the Governor a right to fill it up during the recess of the Council. The United States Marshal, it is held, cannot summon a jury to try this cause we have no lawfully appointed Territorial Marshal; and as this court is held for a district and not for a county, the sheriff cannot serve the veniro. (See Laws of Utah, tv ning around in search of his slippers. The Evcnina St'tr N a school man Somebody has obsconded with he Celes tiil's understandings. Who has them ? uscript newspaper and all the articles it Will the A. & T. Telegraph Company use contained were the production of the due diligence to expose the purloiner and pupils excepting an entity by the Princi u make happy r If nor, a pal. The euteriainment was a success search-wsrramay become necessary. throughout; but we will mike one sug and that is, that 0.0O a.m. is faoori Clituicc lor a liiblc. gestion, too rather late aa hour to conclude a Judge J. GKOVKR,of Kaoton, Weber Co.. il Agent for Utah of the l'ictorial I'olyglot 'amily it mny to. We have Iliblo. A magnificent work. Look out for Liin party.howcver goo tllOO no doubt however, that the yeung folks who thoroughly enjoyed thenielves will Travel. The Union Pacific train from our view of the case: came in last night on time with a geod Monch's Seminary, which Professor load of passengers. closed on Tuesday last, will shortly be This morning the Central Pacific ar re opened, aud we hope will continue to rived with an average train. receive the commendation which it has The Utah Central was at the station at heretofore commanded from all who the usual hour. know anything about the manuer in The common (opio of conversation which it baa been conducifd. among railroad officials and business men is the variance between the Government The Bookskllkr and the Cook and railroad companies. Much satisfac The bookseller was "three sheets in the lion was expressed by merchants goinp wind," the cook was greasy but sober. East and West, regarding the temporary It happened yesterday oa Fifth Street. settlement of the difficulties. The man of rcad.tbles was angry with the man of eatables, and invited him . lVliitelicud'M ST Sec on to the sidewalk, and depositing a out Atlrcrtlscttieiil. lily parcel on the gravel, proceeclecl to deface New Store. Mr. Jos. Stanford, who his frontispiece. The frier and roaster is kaown as a business at an retaliate by basting bis assailant, and thrpughout Northern Utah, is just com both, bound in each other's unfriendly mencing business "on his own hook,'' at embrace, rolled to the ground, raising a a very neat establishment on Fifth st., volume of dust. All this being contrary Mr. to the ordinances of this very little distance west of Main-scity, had to be Stanford baa a stock of answered Alderman before Thomson, goods for sale, entirely new, and wil who- decided that the bookseller was to serve his customers at low figures with blame, but the cook was more sinned grooenes, notions, etc, of against than siuning. $10 and costs excellent quality. Call and see him. was the price of the former' misprints countenance. Children Crv lor MeLnln'H on the dinner-maker'- s 1 s - well hesitate fellow-ma- n oiso wita civil matters 1, that litigants shouM b... Ur lunity to come here and lrV th,i! tev H T P?0r-eve- n before illegal juries, should appeal to rifles, pi8tols lance committees; far bette ?' though the verdicts rendered heJ.v"? afterwards be all reversed L, M Judge of this court when sitiii ' 'e Supreme Court of the Territory ?! Z .v me proceedings court the same as thoush he bad I ' "e eat here. It is useless to discharge order another; for, III emu..!, uun ore now construod i can be obtained to which ,,, r....TU7 jection could not be urged. And evl rience renders it more than that ,t will be far in. he future proU'. much needed legislation will ruv ' from the embarraM ir ,ni bich we find ourselves. Whm : .ilong interim, shall be done? Skall ih! mining interests of Utah be liable to be suspended by injunction, and yet in definitely denied even the semblance of trial iu adieus of ejecttnei t ? Shall be informed by this court they cannot have a jury trial here, even though they waive all technical obiec -.v ii- - tlS . ts . Miitm 111c luuit illlliiurn m y , 1870, p. 120.) Modoc Surgery. Special CorrespomloHcf S. V. Hrald. A good m iny Indians were iu the cave, and in the centre were two otbir Indians,.jumping up and down on the ground and s nging tsotue unintelligible words to a meaningless kind of tune. Capt. Jack was lying down alongside the fire, and the doctor and his squaw were evidenily trying the effoct of magnetism on his system. Capt. Jack's squaw, woman, with a magnificent eye, soft and full of expression, sat at tbe head of the bed. After a little quiet work upon his patient, the doctor appeared presently to get quite excited, nice-looki- and finally, turning Captain Jack on his face, he gave a howl, juu ped on hit back, laying all over him, and put his teeth in Jack's shoulder-bladlie held 00 there for a couple of minutes, writhing and twisting his body about, and then D ve, a g Indian, about and sixty hundred one weighing pounds, jumped on the back of the doctor in order te keep him in pbsition. In tbe meantime the men kept up their dancing and howling in tbe middle of the room, being relieved every now and then by fresh recruits. Presently Dave got off, and the doetor rose from the body of his patient, and, going lo the entrance of the cave, vomited. All the Indians ran up after him to see what he threw up, as their belief is that he had sucked all the disease out of the sick man, ond they wanted to see what it looked like. 11 curiosity di4 not lead me to join in the prospecting party; so I sat and watched (hem bathe Jack in cold water, and then continue their rubb ng and singing. 1 finally returned 10 my wickeup, not at all satisfied with the performance I had just seen, ns I was inwardly convinced e. stout-lookin- that Jack would be dead by next morning, and as such an event might cause a revolution in this peaceful family, the position of the etiests in such a case would be rather unpleasant. A silly fool of a lover at Dcs Moiuca draws blood from his arm, and uses it in place of ink to write tu lii? to oue that he don't pound her e with the in less thau a after year marriage. girl-Te- stove-handl- $5. A Valuable ixvextiox! AN ENTIRELY $s. NEW SEWING MACHINE! FOR DOMESTIC VSE ! OXL Y Fl VE D OLLA US. With the Sew Int-n- t Button Hole Worker, The Mo?t Sjmpte and Compact in ConHruc-HoThe Mont Durable and Economical in Ute. A Model of Combined Strength n. . and Beauty. tES TUB IN ALL ITS PAltTS, Self-- i ll ronJu'R. I'ninteJ Neeille, Eye iwitWe motion, nw tuifio". w guiiler. Operates by wliI and tnlile. Lipht i unniti?, oinootb and noiseiew 11 much i lies. Hun patent chorfc d good to prevout the whl being turned the wrong the thread direct from the Fpool. Make tl Kiivstio Lock Stitch (Sawt and mronpwt at tea known;) firm, durable, cbe and rapid. Wnid" all kinda of work, fine aud coarw, from Cambric to heavy Cloth or Leather, ntul won all liesonf tiona of thread. Tha best mechatiiral talent in America and has been devoted to improving and i,r1'1?" ing our mai nine, coutainilig only that wlialj i'U all conipli,fJ practicable, and dinjioiwinjc urriiiniing! gonerally found in ether muchl' !px:iiu ternia and extra in.tuccmenw eii and feuiulo nunts, keep estullih ajeiuies through tho country and sale. Count. and our new mac lii ties on exhibition rights giveu to smart ageuta free. Apeuta cni" clianf. pletc outfits furnished without any extracontainSamples of aowing. descriptive circulars ing terms, leat.uiouiula, tUKraVitis, etc., tent ire. Address, COMPLETK direct upright feed and rloth '" high-price- ri Other serious, nay perhaps fatal points have been raised by thechallenge to the array. But they need not be conOGDKN HOUSE. sidered. One fatRl objection is suffJ. J. Mauox, Proprietor. icient. Under ex sting law, or existing construction of law, Ji would seem 10 be April 3. A llosboraugh, San Francisco , Thos impossible to obtain a legal jury in this Thayer, New York ; Mrs Haines and Territory. But if there are no jury daughter,- Idaho City; Oleo Witler and trials hero the responsibility shall not even seem to rest upon (hi court. Were wile, llonver, Col J Q McCJuaide, JI ACIIIXE I. T. this a criminal cause tho court might BROOKS KEWINW o.13.' lirotidway, Xen llofol Arrivals. J.i Must society be thrown ini Mi.,. v. cause some other departments of govern- mem neglect meir duty r Lxtraordiaa-remergencies must be met W pxfran,. dinary measures. Influenced by consid erations of public policy, and by sucli considerations alone, the court overrules the challenge to Ihe army, and sustains the demurer, atore-kwpor- a, 5 Lew-isto- B, or- - |