Show HOLDING DISTRICT COURTS tim THE memorial of the forty five N M T P the memorial of the twenty bix aix lawyers who probably fear they will become 3 the anti antl lormon cormon conring hing ring memorials generall yand yand the incessant mouthy comp complaints lainis of the ring crusaders all are largely burdened with assertions of the im impossibility p possibility of the U 8 judges obtaining juries and holding courts in utah utah has been a territory for nearly twenty fourbears and immediately of I 1 after she was constituted FL a te territory M 1 the territorial legislature assembled and passed acts with the necessary provisions for the holding of courts and courts coutts have been held field I 1 and judicial business lias been dano accordingly except when and where the judges have taken upon them them to refuse to do so on some technical pretext often of an extremely frivolous character the present chief justice decides that he cannot procure a legal legaI jury jurs he was not always so particular about the tile legality of his juries and that he cannot hold bold legal court he was not always so particular about the legality of ills his court at least to try criminal cases the public is satisfied that whatever impediments there may be in the tile way of his holdin holding gj court they are purely of his own creating created expressly for political effect in order to procure for h ini absolute j po power if possible we hereby take the liberty of showing how district courts may be held for territorial business without touching the judges technical objections we quote the following chap first session 1 con COD congress greSS an act in relation to co courts arts and the holding of the terms thereof in the several territories in the united states be it enacted by the senate and house of representatives of the united states of america in congress assembled that the judges of the supreme court of each territory of the united states are hereby authorized to hold bold court within their respective districts in the counties wherein by the laws of said eaid territories courts have bee been or may be established for the purpose of hearing and deter determining mining all matters and causes except those in which the th united states is a party provided that the expenses thereof shall be paid by the territory or by the tile counties in which said courts may be held and the united states shall in no case be chargeable therewith approved june 14 now let us see what the territorial legislature has done to meet this congressional provision the following is from an act passed by the local legislature and approved jan 21 1859 1850 Sec 14 AbI abl A district strict court is hereby empowered to sit at the tha county seat of any county within its district to try cases arising in such county whenever the county court of said county shall make provision to defray the expenses of said district court here is another section from a later act bearing upon the same question sec 2 when a district court is to be held whether Tor for a district or for a county minty the clerk of said court shall at least thirty days previous to the time of holding said kaid court issue a writ to the territorial marshal if said salti court is to bo be holden hoi hol den for a district or to the sheriff of the county in which said court is to be heldie said court is to be held for a cou county lity specifying the time and place of holding t said court requiting requiring him hlin to siim sum mon eighteen eligible men to serve as grand jurors and eighteen eligible men to serve as petit jurors hero here then are provisions for tile the holding of district courts in the various counties and as judge die dic mckean objects to the territorial marshal the he provisions obviate that objection the territorial attorney ne resides in mckeand Mc Keans district a and could properly attend to courts in every county thereof if ills his honor the judge could get himself in the humor to hold court in and for ac a c county and the county courts were agreeable which they most likely would be that there are not resident district attorneys for each judicial district is solely the fault of ins his excellency cel lency the governor in refusing 21 to sign a bill with such provisions and for which he must mast be held solely responsible before the coun country trye tryo ho he refused to sign the bill which the law requires him to do and assumed absolute veto power which congress has reserved to itself so far as salt lake county is is concerned there seems to us to be no difficulty in the way of the holding of courts in and for the county the county authorities have made provision for the expenses t thereof hereof in accordance with the laws of congress gress and of the territory as the tha following document will show I 1 territory or OP UT atair t ir f county of sait salt salt sait eale eake lake fas pas S at a session of court for fur salt nake lake county held heid atthe at the court house home in salt lake city on oa the lith day of march 1874 present E smith probate judge Isaa iaac edl edi M stewart reu beu ireuben ben miller and E maline weller weiler selectmen D bockholt county clerk derk the following order among other otlie r matters matter 9 was vas made whereas by an act of congress entitled ali an act in relation to courts and the holding of the terms thereof in the several territories in the tho united state states approved june lath 1858 1838 statutes at large vol 1 11 page it is provided that hat t tile im jd judges of the S supreme up court 0 of f eacil eael i territory 0 of f the united states are hereby authorized thorl zed to hold court within their thor respective districts in the counties wherein by the laws of said territories courts have been heen been or may liany be established for the tile purpose of henring healing and determining all matters and causes except those in which the united states is a party provided that the expenses thereof shail shall be paid by the territory or by the counties in which said sala sald courts may be held and the tho united states shall shail in no case b be e chargeable therewith and whereas 1 lii ill in pursuance of said law jaw of congress the legislative assembly or of the territory of utah by an act passed jan 9 laws of utah chap 35 sec see 14 lt page 70 40 has provided that la a district court I 1 is hereby empowered to sit at the county scat ecat 0 any county within its it district to try cases arising rising in such auch county counts whenever the county court of said county fc hall hali make provision to defray the expenses expenses of said district court and whereas it appears that a large amount of Cu business siness is now and has been pending in the district court nor for the third judicial district of said territory t I 1 therefore it Is hereby hereby ordered LI b by y the tile county court of salt lake lah county territory of utah that the sum of five thousand dollars dollars or so much thereof as may be necessary beam is hereby appropriated out of any money in hi the county treasury to pay the proper legal expenses of holding a court in and for said county territory of utah t county of salt lake I 1 j ss I 1 the undersigned undersigner under signed county counts elerk clerk for salt lake county territory aror aforesaid erald ewald do herby perti certify fSr that the ra foregoing isa is I 1 a true copy of all an order of said mid county court made and en alered oil on the lith liay of march mareb A D 1874 1574 as appears pf af record in ny my t office in witness whereof I 1 hereunto i set et my hand and affix the seal eal s of I 1 the county court for salt sait tit lit lahe lake county at my office in si salt sait alt ait lake eity city this tills day of march AD 1874 D BOCI noci county clerk of salt sait lake Lahe count county tam thinus THINKS rus lus timy acquin nave HAVE bees nees BEEN SEPARATED dr louis A sayre the distinguished 1 led new york surgeon arter examining the hodies bodlos of the siamese lamese S twill twins s expressed I 1 the he opinion that ta lat they could havo bavo been separated during life with perfect safety but boet doctors ors ons will wil L differ as well as other people telu THE distinguished M DEAD america 1 is called to mourn two of 0 her most distinguished and most billil highly and widely esteemed statesmen s in C D who were sans gans pour et ct sans re millard fillmore died aled on sunday Sun dayland and the dispatches report the death at washington D C G this afternoon of charles sumner the honored lio ilo nored senator from massachusetts chu in the gith ottil year sear etar of his age these two gentlemen for a tm time e both wt wore were re under a cloud but the they y both triumphantly outlived it and they go down to their thein grate graves with the profound respect of their fellow countrymen they were both men of high principle and unswerving integrity they ere ero were cre of a class of men of af which america has none too many and which she can call ill afford to ta lose tho the obsequies of ex president denu dent fillmore are to take place tomor to mor row thursday and it would be a tr tribute of tib deserved served respect to the memory of both these deceased states statesmen nien if flags were to bo be placed at balf half mast anthe on the tho public and other buddingh buu bud dings in tills city to md r row r mitat cow gonn GONE that cow eow 0 eighth duchess duc due hess of geneva gencva died at the farm of samuel campbell new nov york mills near Utica N Y fei pel 27 the duchess ans a red and white cow by third lod lold oxford and was calved july 28 1866 she was sold Jast y spring arter after nn an excited excl exal ted bidding at the sale of mr ilir campbells Camp beila bella stock at new york mills to mr davis davin for in this mr davis who was acting for a well known ta english ng breeder exceeded the instructions or intentions of his employer em and the cow was resold re sold for to col morris of Weste oeste westchester hester bester co N Y her death is a serious lo 10 loss R |