| Show ORRE CORRE C att otti e elev eleu 7 i I 1 I 1 tt tw obituary of bf llyle lidde c I 1 MJ log logian lochan LoC ian tAN march ard 3rd 1871 1874 ems aws i 1 JI ft forward you the obituary of judge william hyde who died at ills at hyde eark park cache cacho county UT of ashert a short but severe illness his hig disease being that of stricture of ahe aho th oesophagus pr or food pipe on monday morning march M 2nd and N hyde hydo sen son was wag born S september ishad IH hAD 1818 in york county new york was baptized into the church of jesus christ of latter noy apy saints april 73 7 1634 at freedom Catter augus county new york 1 I february 1836 1838 ho he moved with lwis 1411 ills 1118 family to kirtland 0 and wid lin sin ohp spring of 1838 went to eardest Ear West about which time the lainof Sain of that place IV were ere cre much harassed by the of that region of country he lie remained lwi inbar west until december 1838 mosed moy mos to quincy ills 1113 1 where w n jn the vicinity of which place pince ol 01 io resided until october 1839 when rho he moved to nauvoo at ata co con cou conference ferenee ference held at the latter p place lace 1 h ras as on the ath of oct october ober odal odai I 1 to the office of an elder and OIL tile tiie jath day of november er 1839 he lie started on his first mission tr tra trw velling through illinois indiana and aud michigan machlan Ml chlan chian inthe spring of 1810 isiom he returned to nauvoo and nd chile thile attending Con conference forence wa was ordained a member of the quorum of 0 I 1 seventies AS soon spon as the tho conference fl r gilco price was ws 0 ver over aa he started att arted on a mission to the state cf f B maine alne aine t in co company mirly with lider elder john H herritt erritt travel lindt much of the wa on foot he passed through the state t a to of new york preaching whenever an opp opportunity art u naty presented itself after arri arriving vink yink in the state of maine and laboring in that country until march 1841 he started for fon Nauvoo na ti fravel Ung hnz on foot by rail and s steam tea in boat aud and arrived in quincy april A lre ire remained p mined there with ills his parents me the most of pathe the tho season and aud and ithe dihe tollo following iving fall and arld winter winder travelled among and pre preached ehe che il in the adjoining adjei mn g counties on the of february b 1842 1542 he lie ma married fried the follow following ing summer sull suli iufer infer he built a ho house use in I 1 Nauvoo lauvon and gud made such other as are incident to a new J coq gor country at lat the october octoba r Con conference forence of 1842 1812 hoewaa called tin on a missi mission oll oli and on the of the same month started from thence to philadelphia new jersey and newyork new york having accomplished that mission he returned to nauvoo I 1 in n june julie 1843 1813 1 remaining there therb for three months he be again started oil on the day on a mission s eastern states and oil on of may according to a previous appointment repaired to I 1 vermont ve r to accompany elder erastus snow in that field of labor while upon that missi mission ort lie received the news of the the murder of joseph andi hyram HyrUm smith with whom he had become intimately acquaint acquainted edi ard and for fon whom entertained entertains d ohp th most profound regard immediately after clearing tho sad news he started foni fori Nauvoo arriving home august gih gib at ilic iho october Nn conference ference forence 1844 1644 lie he was ordain ordained edone one ono of the presidents dentson of the ath quorum of seventies iii in fa january nuary huary 1815 1845 lie he was as appoint eda acda mission to the states of rot mississippi sis sippi and alabama havi having ng ac the object of that mission after an absence of two months he be returned to nauvoo and in the following summer ite Itt labored bored part of 0 tho the time on the temple after assilie through the troubles and R difficulties which the saints passed through in nauvoo ho started west on the day of may ilay arrived mat at council bluffs anthe on the july juls 1646 on 01 ithe the he into luto service in the mor mormon mon man battalion which he accompanied compa nied to california Jb bolding theoffice the tho office of second serrean sergeant t after of the tiro liatta battalion lie he started tor for salt lake and arleiv ed thero t I 1 iero lere a after r much eriv privation aton on jhb of f october toben tober 1847 on the lath of the same kame month he started eha lna ehst LAA for fk winter winten rs arriving there thero th ere D dd dec d 1211 1847 where lie he joined ills his family during I 1 this jq journey urney 1 9 which vas was made mado in jil the winter season lie suffered very much 6 flom giai cold coid nud nad want otwood of ot food IH tho the spring 1849 he be started for ley an and d Ai rived arrived 22 ata at aha a special conference ance held air ati aug 28 he wael was waa called on a missi mission oil f tb b australia he started on the same oct 20 and arrived at sidney april when released from that mission he left australia with a company 0 or saints feb 22 1854 1834 en route for F balt salt alt ait lake valley he arrived at san sin pedro redro on the leth nth of june from thele there lie he proceeded to san Bernardino and from thence started for home during the tho journey he in connection with the others of the company with whom lie he travelled narrowly escaped being murderer mur murdered derea by the indians he arrived home august jn in the summer of 1857 ho was chosen and ordained to preside over the quorum of seventies which was organized in lehl lehi and vicinity at which place lie he then resided in the spring of 1860 lie he moved from lehi leili to cache valley havi bavi having ng been appointed to preside over the seventies of that valley on the tile i first of july lie he was appointed to preside at hyde park tark shortly after this he was appointed adjutant and chief of staff to brig gen E F T benson of cache valley vailey talle y military district during the winten that brosten son and maughan attended the legislature gi slature he lie was left in charge ot of cache valley during which time he travelled and preached among the settlements in the summer of 1884 1804 lie WAS appointed captain of the G S L city train and went to wyoming to gather the saints at the detthof death of brig gen E T benson he was elected to lii ill fill that position which he did with lionor honor and distinction from the year 1866 he held the office of probate judge for cache county with credit to himself and to the satisfaction of the people he was chosen a delegate from cache county to the convention held in salt SAK lake city in 1872 to adopt a institution constitution for the 4 state hate late of deseret on the ath day of oct 1872 1972 he ha was ordained to the office of nigh high priest and bishop also on the of june 1873 lie he was ordained to the he office of Patti patriarch arch at logan nogan cache co the citizens of cache county in the demise of judge hyde lose a ax valuable and honored citizen the various positions which lie he filled were rendered honorable by the in cu mbenI the leading characteristics of ills his life those of justlee justice j u s t 1 ce humanity and uprightness were ever prominent in ids his actions action As president bishop genera General judge husband hubband or father he was klud kind courteous and consistent and as a saint the embodiment of truth and humility cache county deeply feels foel and mourns his loss buo but is con consoled conold old with the tile knowledge that lie has fought the good fight lias has laid uld up a crown in the mansions of his fath father er in heaven and will come forth in the morning of the first resurrection clothed with immortality and ebern eternal al life his amiable and numerous family have the sympathies and prayers of the saints that god may sustain suson them and enable them to bear lear chatto what to them is an irreparable loss JAMES A LEisi leisl imar iMAy budges cs br abd and broch Kroch tes res birst first dietr district iet co courts arts held in the ferritor territory y correspondence with comptroller of the tiie treasury SALT sant laim lmke LAKE CITY march 10 1874 editor deseret wirl sirl As I 1 was called culled upon recently by the house of representatives of this territory to give my views relating to legal matters and as I 1 responded to that calls call cali making statements which are before the public I 1 deem it a duty and a privilege to continue the subject in doing sol soi so I 1 will vill set forth facts according to my best recollect recollection anand and according to the evi evl evidence dende dendo derived f from rom su such c h documents as ale are within my control in july 1851 mr arr lemuel G brandebury tho the chief justice and myself and perry the supreme court of this territory arrive arrived in this city at tb this lq I 1 lime limn there had not ilot been any session of oc the tile legislative assembly of tiie territory ulmer ulner the organic law which was approved roved september 9 1830 1850 sa lua L lus ua p 28 on enquiry or of tilo the vil the department li adnot been bueil organized wo were berc were informed that the hc malls mails were we re not brou brov brought 11 t from the them states tafil to tius tins terri territory ory r during the winter season n I 1 F 0 and they r did not receive the news of the passade passage odthe of the act till march that year soon after this till his E excellency x cel lency governor young issued a proclamation as 0 O provided in bec bee 16 of the organic law Jaw denning defining the judicial districts of tho the tho the territory and assigning the jud judges gesto to their respective districts in the month of august augustom sel sei of that year a muter mittler of airoso between governor Youn gand associate justice brockus winch vincil resulted in justices brandebury and Brack usand and harris leavin leaving the territory liui hut before they lett iett at their ii i e que quest queba 8 t L attended what wo we called caled a court though no liw imy had bad been passed fIX fixing c the time lime and place of holding it at thi this 3 court murt as asan an original suit stilt in an injunction ii was granted the bill as I 1 thon thou tho lit and still think was a good eu cu e c u jur lur the injunction yet I 1 appo ud it on two grounds I 1 1 there was waid not any x r fixing the time and place of huldi ugo liz liw hu supreme court 2 the supreme court had not original jurisdiction and the district court had bad which was provided for in the guver Guyer governors nors proclamation the legislative assembly met and as the theother other othen judges had bad returned to the states staten a law was passed authorising authorizing autho rising me to hold the courts in all the districts at my first court I 1 examined the proceedings of the governor in ill calling the legislative assembly and held them legal though somewhat informal this was reported to the department of state the honorable daniel webster bein being secretary who sustained governor young and myself this was the commencement of my judicial services the case of the original jurisdiction in chancery of the supreme court of the territory Teni tory barbio berbio referred to was not followed up so 80 there ther ewas was no final decision on that point more recently the tile supreme court of the territory in the case of kerr vs the trustees of the ward school district justices titus and drake oil on the bench held thattie supreme court had original jurisdiction in chancery the doctrine was wast again sustained tall tail d by justices wilson hawley Strickland and on the bell beli bench oil cil justice strickland dissenting and in ia the case caser of godbe vs salt lake city before justices mckean strickland strickland and hawley the tile doctrine was overruled it is now settled that the supreme court of tilo the territory has not dot original jurisdiction in han chancery ban I 1 have been bean thus particular on this subject for the reason that in my judgment much credit is due to justices I 1 mckean and strickland for foe this decision it having been ren reu rendered dered at a timo time when great anxiety existed on this subject and after an exhaustive argument I 1 have before said that the legislature passed a law ay authorizing me to hold tire tile courts in I 1 the th 0 three threadis districts at the first term terin they tiley had bad not provided for either a marshal or an attorney for the territory to so I 1 nia e use of the U sa S attorney Atto iney all ali and the tha U S marshal marshai ari in 1852 the law jaw was passed gl giving ing jurisdiction to the tire probate courts uncivil in civil and criminal case and office of attorney Gene raland marshai marshal for the territory see bee utah laws pp ap 31 33 also my former communication pp ap 5 0 13 14 but no territorial fee bill was passed this caused a correspondence between me and the honorable elisha ellsha whittlesey then tilen comptroller of the treasury which in my next nel t I 1 will give t yours truly Z SNOW how to crush out hlo hio Blo mormon nuon life I 1 and property pro Fro perty 1 was feb 27 ta the ic house committee on territories iles lles have bave reported to the house houm their bill concerning don the execution of tho the laws in utah of the throe bills before the committee the original bill of mr mcgeo has been made the basis of bf the bill ie potted there would eem kebin to be little more heeded than this bill bil to erush crush out outi orti hot bot ot only polygamy bt jut aut mormon normon ivl INI ormon life and prope property arty in utah if the tho bill melc ere directed toward tow tov ani aal any other i t than aan lan a mormon le territory it would ile bo considered most mosi extraordinary in its character it practically places the tile property franchise franchi sea seq and liberty of the tilo mormon citizens of that territory under the control of the federal of ficera of uhe the territory it makes every army camp a civil prison and by very ingenious and exceedingly complicated machinery makes it possible to declare every mormon citizen a felon there was a majority of but one in the committee in favor of the bill the committee stands as follows 7 or the bill mcree mckee williams of indiana Havens Hoskins fort forr and cr of new y york 0 r lct against the 1111 bill cl crounse 0 u se Hay haynes hayner ner brown of kentucky mills mlis and arid curtis mr chaffee the delegate on that committee has no vote the minority will report a separate bill less sweeping in its term providing for the creation of five judicial districts for more judges for curtailing the jurisdiction of the mormon probate pi abato obato courts and for removing the obstructions to the administration of justice now existing in utah the leading features of the majority bill are deputy united states marshals and assistant united states attorneys appointed iu in every judicial district of the territory tory the provision permit permitting ting wo mj men to be jurors is stricken out juries are to be drawn solely under the supervision of the officers of the district federal courts these federal courts are given jurisdiction in all cases whether arising under united states or territorial law the right of sentence in criminal cases is given to united judges 0 and not to the jury in the prosecutions for polygamy no record evidence of marriage is is necessary polygamous wives may obtain divorces secure the custody of of the minor children and have decreed an equitable share of the husbands property any military camp or prison may in the discretion of the federal judge be used as a civil pison prison the governor of the territory is is given exclusive control conti ol of all pr prisons i elsons polygamy debars from citizenship and office mormon probate courts |
