| Show arnot c tf AT neaver BEAVER by reference to another column it will be found that judge hawley has been holding court at beaver in his bis district the the second judicial district this Is 18 a noticeable fact not only because such visits of ibe the judge are BO so remarkably rare but because of the extraordinary character of nig his proceedings while there the uhe people of the second judicial district have reasons for recollect iu ila the judges visit it will doubtless ioor loor loo be as associated in their minds winds with the attempt upon big hig part to impress thena thera the importance ot olf hia his jils hla eton olon and aad with witti the turning loose in 41 heir their midst of a criminal whose acts mark nim him as a dangerous desperado it might be supposed that the judges were sent here to execute the law not to thwart its operations to maintain order not oot to promote disorder to make life and property more secure not to render them insecure but if this was waa the business for which judge hawley was sent he has altogether forgotten git jit it for a greater blunderer in this respect this territory has seldom contained he says the probate court had no jurisdiction in the case ease of peden then what court had I 1 had the district court we suppose he would not question the jurisdiction of his hib own court but how long iong would murderers thieves and other scoundrels have to be kept before they could be tried and punished in the district court there are districts in this territory to which judges have been assigned in which district courts have not been held for many years how many courts has judge hawley himself held in his district he has never resided there for him to say therefore that the probate court had no jurisdiction in such a case aa as that of Ped bed enle eule ena eua if it were not so serious a matter would be farcical in the extreme let his bis decision be sustained and it would be equivalent to saying to murderers thieves and villains of every degree you are at liberty to murder rob and and commit every imaginable crime in utah territory for the probate courts cannot punish you and other courts in many districts are scarcely if ever held i we dare not use the la language dauage that rise in our mind it would be deemed intemperate as we reflect upon the diabolical results that would follow the unchecked exercise of power by such men aa as tho the judge of the second judicial of this territory if his decisions ate are not intended as a bid for the commission of crime what is their object can anyone think f a course that would be more likely to result in bloodshed anarchy and a reign of terror than the one he has appeared to have adopted if his decisions were to prevail crime must run riot and criminals pursue their careers without any fear of consequences or the people must rise and organize vigilance committees and aud obtain the protection for themselves which the sworn administrators of the law fail to give them the dispatch states that the court said that all appeals from justices of the peace must be made to the district and not to the probate courts what right had judge hawley to make such a statement or ruling was there a case coming before him from a justice of the peace if there was then such a ruling might be proper but if there was not and we should so infer from the dispatch and he BO so ruled then his ruling was what lawyers call obiter dictum the territorial laws are plain and emphatic upon the subject of appeals in criminal suits the law plainly says upon the affidavit being filed in which the alleged error of the proceedings is stated and that the affiant verily believes injustice has been done the justice shall shill grant an appeal to the court of probate of the county 11 in civil suits the civil code says 61 any party dissatisfied with a judgment r rendered in a justices court may rny appeal i to the probate court for the county anytime within thirty days after latter the rendition of judgment does judge hawley intend that his obiter dicta shall take the place of our laws if he is in fit utan utah territory he mus not imagine that his power is absolute and that his loose sayings have the force of law or will be regarded as such utah is the last place in the world where a man can succeed in the role rote of jeffreys and judge hawley is the last man in the world who should assume it it is clear that nature never intended him for the part |
