Show wyre OUT oce on behalf or of he file unanimous bench chief justice chase dellver delivering th the e opinion the supreme court toa today iny day ay I 1 in n tile the celebrated case of clinton e et 1 al vs engelbrecht on appeal from utah I 1 decided that the jury drawn by the united states marshal under the tile laws jaws of the united states and not by the territorial marshal under the local law was illegal and its verdict void the tile court in pursuing this question went even further than the necessities of the present caso required and also decided that all territories since the first drgan organization of territories have had powers over local matters as states and that all ju juries u ries rles grand as well as petit drawn in utah tah toh in violation of territorial laws were illegal that in this instance the territorial statute authorizing the manner of drawing a jury had been in existence for years and that congress not having annulled had recognized it that the dures duties of the united states marshal and district attorney were precisely the same in utah as in the several states upon these grounds the entire decision of judge mckean and his court for the last twelve months were reversed it is stated that as a corollary from this decision all the defendants now in cus tody in utah under indictment b by these illegal grand juries are entitled to instant discharge and all civil cases pending in said courts where exceptions have been duly taken and entered on record are wiped out As the criminal proceedings roce edings which were pending and tave gave have been terminated have cost about the question is now raised as eis to whether congress will appropriate that sum to meet them or whether the united states marshal who has attempted to execute the mandates of the court shall be mulcted mulched ted the decision crea creates no surprise at the department of justice where it was long since anticipated and where its correctness is not questioned chicago tribune |