Show CHIEF justice KINNEY lion iron chief justice kinney who left this city in june last to return to his hia family in nebraska on a temporary visit as then supposed and aej so stated has been nominated nomina ted teJ by the democrats 0 that territory in conven ion assembled for the office of delegate to congress which nomination alteo according to reports was not alto aito altogether a ethor ether acceptable to his party he has accepted and as reported has been and is now canvassing that thai territory haranguing the people as a stump orator to induce them to give him their votes for a seat in congress which he pre ers to the benh bebb his prospects of success accordia according to his I 1 showing are decide decidedly decidedly dl y fd fa and if he fails in obeal obtaining ining what lie he is seeking aber it will be because a majority of the Nebrask ians who attend the polls cast heir votes for some other man fortham for thit that office hinr there seems to b be e quite a strong opposition to the judge by the republicans who aver that he is ineligible to a seat in congress from neb aska as be he ho he office of chief justice of utah and as such etch is 13 drawing his salary of twe twel ty five bundred hundred dollars dallai ra a year and that while he be coni continues nuis jo 10 lo r receive N c 0 t pay as a federal officer in this territory he is required by the law to reside not only in the territory but also in the district assigned lo 10 0 o him by the legislative L assembly and consequently cannot be a citizen of nebraska within the meaning of its statutes nor eligible to hold the office for which he aspires should be lie be successful at the polls the judge in reply to the charge that he is not in any proper sense a citizen of Ne neb baska a a ka and ineligible to election as delegate in his speeches admits as al alleged leed that he is 13 chief justice of utah and as such is in receipt of his stipend iut int contends conte ids that it is no more a legal necessity for him to reside in this territory while holdin holding t the office of judge of the supreme court for itah than it is for a delegate t to reside in washington city while acting as delegate which argument is not conclusive to his bis opponents and they are of the opinion that I 1 it will be impossible for him to coa convince vince them that his apse ipse dixit is not illogical and that he has within the last yer year veritably been a citizen of nebraska the nebraska republican in alluding to the judges ion says it would be correct were it not for the fact that the law requires a judge to reside in the district where he is called upon to act while it just as clearly and pointedly requires that a delegate in congress sh shill bil ill reside in the territory which he be depre and adds that there is this slight difference in the two cases which the judge will fin i it very difficult to explain away the fact is patent to all au men who have examine the question that judge kunney is either i drawing dra wing I 1 his bis h is salary as judge ot of utah teni terri tor ory jorj V unlawfully or that he be is ia ineligible to a seat as delegate in congress from nebraska py with the political wrangles and sectional feuds of the Nebra the people of utah have nothing to do and they care not whether an a vowed ultra republican or or a hardshell hard shell democrat shall be elected Delegate to congress but if the prayer 0 of the utopians Uton ians lans for the admission 8 ion lon of deseret into the family of states shall not be favorably an answered yand sand the supposed political necessity for exporting judges hither from other territories or states shall ball not riot cease to exist the dwellers in these mountain m valleys valle vaile y 9 and particulars the citizens comprising the third judicial district desire no change in the judgeship so far as ve se know and would prefer the return of judge kinney from hi his bis s temporary visit to nebraska and the resumption by him 0 of the t cuties utina of his office aa ala culet chiet justice of 0 the supreme court for utah to his election to congress i which would of course cause a vacancy in federal judicial department here alch would have to be filled under the rue rule by the im importation por tation of some foreign aspirant whose popularity at home precludes the possibility of obtaining even a nomination for delegate or representative to congress for although judge kinney has heretofore been exceedingly a fortunate in being paid by government for services not per performs perforce forme 1 he can hardly expect to receive the salary of chief justice for utah and the emoluments of the office of dele delegate ate from nebraska at the same time to be sure there might be an arrangement 0 made as su suggested 0 by a contemporary for tle holding of courts in bla bis district in utah during the recess of congress Con gres greb in the summer season but it would be no easy matter for those not thoroughly bly learned in such matters to so construe t the he law ot of domicile as to make it plainly appear to a sceptic that he could legally hold both offices at the same time and therefore as judge kinney ia is represented as being M verv very very sure of his election lie he may not expect I 1 to 0 be in receipt of his salary as chief chiet justice after the first monday in Decem december bera berj eighteen hundred and sixty three that he will be paid his regular salary as one of the fineral judges 0 for ut utah lah lab unless superseded till he tak s the oath of office as delegate from nebraska in the he event of his bis el action to that office there can be no doubt doulat hether whether be re euins to his D district or not aa as uncle saas sans is extremely liberal in such cases the judge will not be likely to render himself less popular with his friends in the mountains for seeking beeking to obtain a more desirable office than the one of which he be is now the incumbent let the result be what it may and should be he return to serve out the rescue of 0 his term of office as chief julice Ju sice slice he may expect to be as cordially welcomed as he would have been if he had never aspired to congressional s i onal honors |