Show COURTS lob FOB COUNTIES anun phun to chief justice mckan mcuan and reply to the same i PETITION jieh ho james B mc we a i i chie chief justice rustice of the supreme court of utah ah territory and district atad ge of the third judicial radi rudi cial adt ddt district lot lct your petitioners petition ers residents of salt lake county respectfully call cali the of your honor onor to a recent order of the county court of salt lake county appropriating appropriating the sum aum of five flye thousand dollars orso so touch matich thereof as may be necessary to ito pay ay the proper legal expenses of bo holding F ding a district court in and for said ald county a copy of which is herou berou hereunto ato annexed I 1 it la Is a matter of regret to your petitioners petition ers that the IW third r judicial Mi E strict district court has been forso for so long time timo and is now practically inoperative while there is so much business pending and we respectfully submit to your honor that the way is now open for the holdin holding got of a court of competent jurisdiction for salt lake county for all territorial business arising in in said county as provided for by congressional and local legislation praying fraying your immediate action la in the premises that the administration of justice may no longer be im impeded ceded we have the honor to subscribe ours ourt ourselves elves yours very respectfully halt salt lake city U UT T march daaiel Da alel it we weil well 19 W IT goow edwd hunter J 81 8 nilis hills H dinwoodey james townsend Townsen dg J it nichols Nl chola swin twin ff HB IL flaw awson song sont sos sas j IV cummings wm cayton john JohnT johnw T caine Calne caine Q C B R thos thoa G webber A H raleight hp thos taylor day dunford sons sl 14 IV sears bearg H wadsworth albert carrington ahm williams bolm needham necdham D meu MeX Mc mckenzie Kenzle enzie Te aBdel Ss co geo H knowlden A f M X musser al I 1 dails daal 31 D sla xan xau wynm N X Groes becki thomp P akerso A C A dewey bewey C C asmussen IL J goldina Gol gog aint dint bolitas roberts Ko beroe berte chas ehas D DBr brastow astow john sharp darid darld 0 calder caider V REPLY OF JUSTICE MCKEAN sair laue LAKE CITY ciry march 20 1874 daniel JT IT wells orson prated t cratl Pr afef atef seni sen sent jamss james townsend f edward wun Hun hunam hunters mM B clawso clawson n wm clapton clayton ahert albert carrington A if musser thomas P akerso akers jahn T caine rhomas thomas taylor 2 david 0 calder colder john sharp and others GENTLEMEN your youn tin dated the of march lust w was delivered to mo me last evening ro r vou you o t 4 alegn therein call my attention to afi po 1 act fact that on the lith day of 41 reh g reh dinst the county court of salt alt lake county appropriated I 1 I 1 or BO much thereof as may be necessary to pay the proper legal expenses of holding a district court in and for said county II 11 you express your regret that the third S judicial district court has been for aa long a time and is now practically inoperative you submit that thew the way ayls ia now open for the holding indof of acourt a court of competent jurisdiction of all ali territorial business ton for salt bait lake count county yI and you pray for immediate action in the premises that the administration vf of the law may no longer remain impeded timp eded IH IXL answering your communication gentlemen I 1 must explain some somo things which as you are not ae legal I 1 r practitioners you may not dinov no a fact though you are presumed to know there are two regular terms of court in each year yeat in and for this district commencing in march and september and appointed in pursuance of congressional legislation they are for the trial of cases arising under the laws of congress as well as cases arising under the laws of the territory they are not held beld for one county only but for ahe the he whole district consisting of alne aine counties ou on the ath day of blath biath march dinst such a regular term for the whole ole ble district commenced in this city it now stands adjourned to the first monday in april at a which time its sessions will be re umed on the tho calendar are cases ai arising rising in other counties than this aud sud also alsa cases in which the united united are a party mr hollister collector of internal revenue has re reported pot ed t to 0 the federal authorities a bout about four hundred violations of the revenue laws of the united states the offenders can be prosecuted only in a court held for a district and not for a cot county anty the same is true of all cases both civil and criminal in which the united states are a party and no case arising in another county under the laws of the territory can berried be tried in this county save at a term of court held for tle the the whole district in your communication to me gentlemen you seem to have to some extent a correct appreciation of the difficulties that beset the federal judges in their attempts to enforce the laws and you propose as a remedy that I 1 hold a court in and for salt lake county are you aware gentlemen what compliance with your request implies lle lie it lri iri implies oplies that I 1 abandon tho the regular term of my district court fixed by paramount law that I 1 strike from the calendar all caterin cases in which the united states area party and permit no more such to bo be entered thereon that I 1 turn out of court all litigants who are now lawfully liere here from other counties and that I 1 virtually cease to try to discharge my duties as a federal judge a district judge and practically become the county judge of salt lake county I 1 will not now discuss the legality of such sueh a court as you ask me to hold hoid it is a noticeable fact that not one practicing lawyer has signed your petition and so far as I 1 know but one man who has ever even teen been been a student of law it is a well known fact however that many members of the bar have united in a memorial to congress representing that federal legislation is absolutely necessary to relieve the courts from tho the otherwise inextricable embarrassments embarrass ments caused by local legislation in utah although it is true as you seem well to know gentlemen that federal authority is badly crippled in utah yet there is one important particular in which it is not paralyzed and that is the equity u 1 ty side of the federal courts eno ept it has been held that in equity cases those courts are above the control of the territorial legislature hence it is possible in equity cases to do equal justice to litigants A few days since I 1 decided many such cases and many mora more are awaiting argument if other classes of cases cannot be tried save by stipulation of coun counsel seif self the courts are not responsible some of you gentlemen have been members of the territorial legislature and you well know the ob tive character ot of much of the legislation here you and your legislative gisla tive predecessors and colleagues have among other things assumed to give to the probate judge who presided in the county court which appropriated the said jurisdiction in all cases ci civil viland and criminal at law and in equity arising under territorial laws in this county and in defiance of the federal courts he has persisted in exercising it gentlemen on the first monday in april I 1 shall again preside in the regular term of tho the third district court for this whole district that court will have to use your language competent jurisdiction of all territorial Terri toral business for salt lake county together berwith with the larger jurisdiction described above I 1 shall during the term hear and determine equity case sand such other matters as the state of the laws may enable me to dispose of it will be your right to be present personally and by counsel with all territorial business for salt lake county or any other county in the district at the opening of the court or as soon thereafter as counsel can be heard I 1 have the honor to be very respectfully yours JAMES jalim B MCKEAN MCKEANY chief justice ac e 4 4 THE LAWLESS snively SHIVELY case BY the courtesy of his excellency governor george L woods wooda wo we p present re tho the following petition to him from principal citizens of tooele thoele county ab mis his Excel excellency leney arge doods woods governor of 0 iu territory 0 of f utah the undersigned undersigner under signed residents tooele thoele county respectfully represent to your Excel excellency leney that nicholas lawless lawles was on the day of march A D 1874 condemn ed by the probate court of tooele thoele county territory of utah to an imprisonment of one year I 1 la a the penitentiary and to pay a fine of and costs of suit which sald said sentence was found upon a verdict of the jury for manslaughter that tried said cause your petitioners petition ers further represent that they were present at the trial of said cause and heard all the evidence in tile the caseb case that said lawless private character was proved to be that of a quiet and peaceable citi citizen zen zeu and that the provocation under which he acted was of a gross and aggravated character and that said lawless had just grounds to fear that his life was in actual and imminent danger and that he did not act in a spirit of revenge under the circumstances we your petitioners petition ers would respectfully request that your excellency extend a free pardon tohaid to said sald lawless from the penalty of said sentence of imprisonment and that he mav may be discharged upon tho payment of the fine assessed in witness whereof your petit loners have set their hands bands this day of march A JAL D Is 1874 74 signed john john jehn Bow row berry probate judge al 61 L gee prosecuting attorney IR B warburton probate clerk NV B H lee Sher Sheri ift lIT fl tooele thoele county A of jocele city jurors ID D spain philip do de la mare W H H bagert newton dunyon G W kelsey thomas W morgan lyman Se severe bevere ivere william charles H wright cwright HW night right W C By daich dalch thomas lee sen isaaclene Isa acLee H P kimball geo W bryan IL E warburton james gillespie geo atkin sen ben thomas atkins jun erastus smith pastor ME church john mclaws sen and others to the total number of about As this case has been habeas cor aused by chief chier justice Mcl mci merean mckean Cean out of the probate court and as lawless has been placed under bongsto bonds to appear before the third district court it is not likely that the governor will take any action in the matter |