| Show LAIE oahu bahu sandwich islands october 12 h 1872 editor desere deseret newn neww dear sin bin duning daring thul thui past bummer bammer the weather lias bas been remarkably favorable for the cane crop the thermometer not rising above 95 in the shade hence the prospects are that the mill will not be idle long at a time during the next eighteen months our semiannual semi annual conference cam commenced here on the ath and adjourned on the esth lasting three days the meeting house which has been enlarged failed to accommodate at least one half of the people who abo assembled from all parts of this kingdom but the weather being propitious all eri enjoyed joyed themselves and manifested much life and interest in the work of god on these islands the I 1 he missionaries who have been out in the field since last laist april A p ril rii conference returned with favorable reports from the districts showing an addition to our number as reported at ab bur last spring conference of besides children blessed on this thi s island new life seems seema to have seized hold of the natives giving the elders who have been traveling around 1139 many opportunities of healing the sick I 1 and baptizing persons the honolulu branch which seemed to bea be a nixed 11 fixed thing has taken an advance late lately lyso 80 that the members are now preparing to build a large meetinghouse meeting house in that place upwards of twenty brethren were selected to perform missions on these islands the preaching to and baptizing of this people seems but a small part of the great labor required to bring about restoration to check the degeneracy and decrease of this race ris his it is very necessary that something be inaugurated among them to employ their time and put a stop to their dormant sleepy habits their universal uni verbal vereal habit h a bit of smoking amoka tobacco sleeping Ble bie and lounging on the damp ground incurs disease hence to ral rai rally raily I 1 y them and produce a change lu in their habits will upon a natural principle led b have a v e a tendency to bring about go po d results re e u its this step is taken we believe by providing the ne cessare means to keep them employed a and ad teaching them principles of indus try as well as other principles of life aud and salvation that their condition may agn greatly atly improve therefore we hope and trust the sugar thus produced will not sour bour in the merchants hand A question of emigration to these islands is being agit ngit agitated atod at the present oy by parties who lack jack the necessary help lo 10 to carry on their business they see that haty hatt by the present state of affairs the mortality of the natives exceeds the births per month and that business affairs will by and by be at a standstill and they wish to adopt that way of increasing the population here instead of establishing a system of government that will produce an Ine increase reasi among the natives our oar little colony shows an increase of births over deaths of two thirds these same results can be realized throughout the tho w whole hole hoie nation the crater on the summit of mauna loa hawaii which has been dormant for many years suddenly dei del y became active not long ago throwing a solid body of red hot lava feet into the air lighting up the island sufficient to enable a person to read at night at a 6 distance of 25 miles general health and peace prevail with the brethren and sisters who join in kind respects I 1 remain yours truly H H CLUFF FROM wednesdays DAILY NOV 13 THIRD DISTRICT cotet yesterday morning mr geo goo 0 bates presented the following argument against the issuance by the court of writs of pro lanahan et al a vs ts jeter jeler clinton Clinto nand and sait salt lake cly oly this application for a writ of prohibition aust I 1 be refused for the following reasons it Is a prerogative writ and mis has never been issued by the united states courts or any state courts except when the constitution or statute ot the state expressly provides for it 11 there is no provision in the statutes of utah for the issuing of a writ of prohibition therefore no court here can issue such a writ at all this writ Is ia a part of the kings prerogative a despotic writ and is never allowed save by virtue of a special enactment or constitutional provision even in england it is now modified controlled and directed by I 1 william W IV chap 21 3 blackstone the supreme court of the united states can grant a whit writ of prohibition only by virtue of the statute of the united states of 1789 1 Bright leys levs digest 3 howards U 8 rep ex parte chasty I 1 black U S rep bep ex parte gordon 4 wal lace iaco U 8 rep bep U S vs hoffman offman 11 the supreme court confines the prohibition to the precise courts and causes prescribed by the act of congress and grants it in no other case in massachusetts thear t of prohibition is ia only issued by virtue of the statute of that commonwealth granting power to the supreme court to issue it chief justice shard in 2 matcalf rep kep page washburn vs philip grier a history of the writ and the power under the statute of the to issue it in new york by 2 revised statutes provision is mahe maho madu for the issuing of a writ of prohibition by the supreme court oary gary practice 86 vol 2 and only by that statute is the writ granted in nevada the authority to issue prohibition is in the constitution of that state I 1 confining the power in the supreme court vidi 2 nevada page 76 low vs crown point mining company in missouri nils Nila the provision for a writ of prohibition prohibit ionas lonas as in nevada is in theaon the constitution atit ution conferring eon ean ferring fenning the power on the supreme su court thomas vs mead X 2323 3 under the amended constitution the supreme court of california has original jurisdiction to issue writs of prohibition evler v 3 houghton 25 california rep 26 ahns thus it will be seen that in all the states where this writ Is issued it is from the reme rome court of the state and only py by statutory authority thereof turning now to the statutes ites of utah it will be seen that the writ of prohibition is not mentioned or authorized at all while ample provision is made for habeas v corpus attachment injunction replevin certiorari and mandamus man damm there is no provision at all for a writ of prohibition but on the con arary there la Is express provision by the statute page 95 code of 1870 for a certiorari requiring a court that has bas exceeded its ita jurisdiction rosend up its record for review and in the meantime to stay all ph proceedings ro ceo cee dings see seo the affiant here charges ageo that the tha police court has exceeded it its authority and this provision pro vision expressly meets the case with this writ of certiorari there is no need of a writ of prohibition it supersedes the writ of prohibition which la is not provided for at all but the writ of prohibition even if the court had the power to grant it is never issued where there is any other remedy liko like the writ ot of mandamus it to is a remedy of the last resort cruny practice vol voi II 11 page 87 2 hill 36 baalim and under the writ of certiorari prescribed by the statute above cited the petitioners petition onera ers have a perfect fremed remedy they say defendants exceed their jurisdiction and they want them duin ato stopped ped and b by y a writ of certiorari provin provi ded in the statu statute te they can review proceedings ce and arrest further action this writ says chief justice shaw should be used with great caution and forbearance forthe for cho che furtherance of justice 2 metcalf reports but even if the court had the power to issue a writ as aa at common law then it can only be issued by the court in term terin time and nd if issued in vacation would be quashed by the statute of utah mandamus and certiorari may issue in vacation but there is no statutory authority to isue issue that whit writ P in vacation age page rage ago a 5 92 at it common law the writ could only bo be issued by the court on application in court and on h a 1 defendants exceeded their j jur ardie dle dic urdie ardic a tion an a writ issued in vacation would b be q quashed a d cary practice vol II 11 page 90 29 howard practice abbot practice a writ of prohibition issued in vacation was quashed As this was aspre a prerogative writ despotic in character stop ping legal proceedings the common law decreed that the court alone could grant it in open court after giving notice to the opposite party and then only when the petitioner tit ioner loner had no other remedy of any kind we submit therefore that this writ of should not be granted lat because there is no statute of utah uth that authorizes the toe issuing or use of the writ of 2nd and because the writ of certiorari as provided by a tat ute furnishes farnish es the tho petitioner with an ample ampie full fuli and perfect remedy and therefore prohibition is ia not needed 3rd ard because even it if tile tiie court had bad the power as at common law lair to issue the writ it can only bo be issued in in 0 open on court by the court after notice thereof GEO afo 0 BATES attorney for respondent the court below has entered bp bup in argument as appears by the pleading and this court cannot prevent or mr prohibit the bissu ance of execution 2 hill bep rep 4 wallace U S rep bep the thu U S va TB hoffman this morning judge spratt argued the question on the other bide alde taking the grounds that the court had authority to issue writs of prohibition he held heid that the organic act gave the court common law jurisdiction that writs of prohibition were common law writs and therefore could be issued by the court he referred to the provision in the constitution of the state of california and other state constitutions giving authority to the states supreme coart coarl to issue buch such writs and aud main bained that aven had no such buch provision been made and that it had been provided that the court had common law jurisdiction writs of prohibition could have been issued all the same mr spratt quoted from blackstone and one or two other authorities to sustain his position after mr spratt had argued for some time it was agreed that the matter be laid laii over that the territorial supreme court might sit and hear bear the case of application for bankruptcy in which 0 vy vi tappan was respondent the argument in the prohibition matter was to be resumed this afternoon the freshmen of amherst college have turned the tables and are hazing sophomores they even smoke them out of their own rooms herein do they show the genuine spirit of 76 and why duit dult they they number eighty two while there are but sixty sophomores and they are not what new now england youth ought to be it if they cannot defend their own rights society has adopted two sensible maxims maxima first that one man may call on as many lanyor oras as few as he pleases and the unda aimed on have no righetto right to complain second that a hostess may invite whom she wishes and the uninvited show dhow bad manners if they take offense lenee omm of enBe branol the idea that if a man made a call he was in duty bound to make a hundred and that if a jady lady gave e a party she must pack her rooms with every oue ous she knew knewl and thus thua spoil pleasure had become the nuisance of modern society |
