Show THE territorial MARSHAL SHIP i ili jt SALT lat lai laue LAKE u clety CITY 3 january 14 1874 editor cret eret JN aws sir ras As 7 there have been some ob 1 stables in the way of executing the process of the district and supreme courts of the tho territory I 1 leemit deem it my duty to call attention to the fact ic and to respectfully request you 40 ito publish the follows foll following owl ng L certified copy from tho the records of the third judicial strIct court jn rn the district court of the third judicial cial district 0 of territory 3 of utah J county of salt lake the united states of america on tho tile relation of joseph lyl orr t efi eai J D T mcallister statement on appeal i bo be it IL remembered that on the lath day of march 1870 1876 the tha relator hied felled his hig complaint in said court against said respondent in lit words and figures fol foi following lowin C to vit wit the united states state I 1 in the third of reli rela I 1 district court t tion on of joseph I 1 of utah ter at hll orr i citory vs f re regular ular J D DT V mcallis I 1 I 1 march term ter ten tar AD 1870 hon uon J J CC wilson Wilbon ty js judge i t 1 1 1 I joseph nr orr the above relator being bein fint tint daiv sworn upon oath say that U ftc fcc grant aresi denhof dent of the tile united states stales by virtue of the authority coun cour conferred erred upon him by law liw on oil the day of september A D 1869 1889 suspended josiah heamer from the tho office of marshal marshai of the tho united states slates for the territory of utah until the end of the next net session orthe of the senate of the united stated states and on said day designated joseph aa M orr apor form the duties 0 oc such suspended in the meantime aud and on the same day y a commission duly issued lamed to the said rel rei relator ator all of which la Is more fully shown by the exhibit hereunto attached mark marked ed A that afterwards but several months previous fib fik to the date hereof said relator duly qualified him himself sold seir according to law to enter upon if tiie tile le duties aforesaid by taking and subscribing su b the oath a certified copy of which is hereto attached marked exhibit 13 and filing the same with the clerk of the supreme court orsa of said sald ld also forwarding a certified copy of the frame to the secretary of tile the interior and also by executing the tile bond a certified copy of which is hereunto attached and marked exhibit C which bond was duly recorded in the office of the secretary of or maid haid territory that by reason of the premises it became and fitall is the duty and right ortho of tho the said relator under and by virtue of the laws of the united Sta states test to execute all ali processes issuing out of the district and supreme courts of said territory of or utah or directed by any judge thereof to do and perform all and singular the executive business of said courts and aud to have and enjoy all and singular the tiie fees and emoluments of orthe the same that orie one X D T I 1 mcallister yie ife Allister ai ng territorial marshal of utah territory at tile tiie present time assume assumes to have tile the right and authority to do and nud perform a portion of the anore afore salI aali duties devolved by reason of or the premises promises upon the tile said relator and to have and receive the fees and emoluments of the same and the said J D lmcallister T TM mcallister cAllister so assuming such right hag has nor for several months last past within the jurisdiction of tills this court wrongfully unlawfully and without any legal leb leg ra authority executed i most of the process of this this caunt and lias has done and performed the executive bubines bu sines of the same in almost nil all cases in which the tile united states has not been a party and has received to his ills own use almost all of the fees and emoluments pertaining to the tile same in lit violation of or ho tho rights of the said sald relator and the said McAllist erstill ahsu assuming nul nil ng said rights still continues conti niles within the tho jurisdiction of fully full fuli yand and unlawfully and without any warrant or authority of law to execute most or orth tile tiie processes of tills this court to do and perform almost til all ill of tile the executive exe autive business of tile the same and to receive to ills ilia own use the feed feeg and emoluments pertaining to td such service in viol violation aaion of the rights of the said relator wherefore said relator prays that an information maybe rhay be filed against the said J D T I 1 mcallister le Allister according to law and that he lie may by the court here bo be required to ap pear near and show by what authority he does the matters and things above specified the territory of utah 1 salt lake county ss 88 joseph ISI orr the aforesaid relator first duly sworn upon oath fays that the matters and things before stated and to which lie ho has subscribed hh name naine are true as he verily hol bel believes levek level signed J M onil sworn to and subscribed bele uele benore before me this tills day of march AD 1870 8 A MANN MAN clerk S dist court 3rd ard dist utah U S on relation ot of JM J M orr ads acts J D T mcallister affidavit of relator and commission filed march h 1870 S A MAN mass MANN af clerk afterwards to wit on the day of march AD 1871 defendant by lils his counrel counsel appeared and mid filed with the tite clerk tf said court hh lili answer er byh left is IQ 10 wo words worda r ds and antl figures follow lUff to wit Tho United states byl charies diaries H clemp j territory of stead attorney oti ot j utah the united suat SLat eslit I 1 third judi the tiie territory of or U cial district Dis district trici tali on the tile relation court of or yoseph joseph dyl dyn orr march term vs 1870 john D hon holl C C ter teri terl Tenito tonito I 1 rial mar wilson for fur elih reni feri aulov J tory try J now comes the above named john jolia D T mcallister in lit his own proper person and says he lie admits that his excellency U S grant at tile the timo time aud and in the manner mentioned in the relation ibn herein filed suspended josiah hostner f f from the of marshal of the united states in the tho territory of utah a at alleged and that he designated desi nateland dand and commissioned the said joseph M onto di discharge chargo charge the duties of or that office for th the time and la ill the manner sot forth in the there ye lation and that the tile said joseph M orr took the oath and gave the tiie bond required by law lay and did and performed all other things to bo be performed to enable him to discharge the duties enjoined on him liim by law jaw as such united states marshal but as to the legal conclusions drawn by tile the united states attorney for the district of utah lie he lefers refers the same to this honorably Hono nabia rabla court without withof t him seif self admitting or denying them thorn or any of them to enable this tills honorable court to understand and be informed as to such legal conclusions and rights and duties of the sald said relator and of himself he herein herel n states and informs the court that pursuant to the act entitled all an act in relation to marshals and attorneys approved march ad 1852 and of the acts achs amendatory th thereto ercito lie on the 50 ath day of or jan uary nary 1863 was duly elected by the joint vote of the legislative assembly of the territory of utah then in session to the office of territorial marshal marshai and that between that day and tile tilo twenty sixth day of the tile same month lie hi took the oath and gave tilo the bond required by law and that on oil the said day of january AD his excellency charles sharies durkie durkle then tilen governor of utah territory issued to him a conlin is slonas su ell cli territorial marshal which oath bond and com coin aldon ure are now liere here to the court shown afterwards oil on tb the IQ same day he entered upon the duties of said office and lie he has lias continued to discharge the duties and receive emoluments appertaining to the tile office of or territorial marshal for utah territory he further informs this honorable court that on the tile irth day of february AD 1870 lie iio was reelect re elect ed to sald aid faid f office by the joint vote of the legislative at assembly assembly of cheter the territory of utah then in joint sesmon and that afterward on the day of february AD 1870 he lie took tiye the oath required by him before william illardi clayton a notary public alid filed tiled tho tile bond aio alo also required by law with william wiiiiam wimm main lain clayton auditor of public accounts and that afterward on the day of or feb eeb february auary in ilie tile same year his excellency S A mann actlis acting governor of utah territory issued a commission to him film as such territorial marshal which is still in full force and virtue which gath vath bond and commission is now here to tile the court shown froni that time until the filing of this relation he lie has discharged the executive duties ot this honorable court aud and the tile process issued by it as lie he lawfully may do when whon this honorable court has lias been exercising its jurisdiction in cases not arising under the constitution and laws lawa of the tile united states and when it ai lias ilas 6 not been deen exercising its jurisdiction as a it circuit and district court of united sta states tes and lie he further 13 says she he denies the allegations in relation relation that lie the defendant I 1 herein assumes at tills this time or at any other time bo be has assumed to have the right or auth authority brity to do and perform any portion whatever of the duties devolved on tile tiie relator by reason of the prem premises ices set forth in the relation or ot to receive any of or the fees or emoluments of the office of the states marshal of the territory of utah and he denies the allegation that ile lie tills defendant is abow low or that he lie heretofore has been in the exercise of bf apy executive duty of this honorable court or of the th supreme Sup renie ronie court of this ter territory or served any process whatever which it icil fell has been issued by alther cither of or said sald courts or any judge ther thereof eol eor that could lawfully lar lat fully be served or the duty could lawfully lav nully fully be ile di chaigen chai chal ged by the llie relator a ai united ti states stales ot es Al marshal ahal for utah territory ten i tory mid and that lie now nov heleln helein disclaims and at nil all tillei heretofore lie he has hah disclaimed all ali tight in lit himself territorial adars marshai marshal ico ino to act as tho use executive of officer lier iier ller of ol the sem supreme u or district court u heli hell lien llen such N supreme preme or dietrict district coult Is ing its juth jurisdiction diction as district dise or Cir clr circuit cult cuir court of or til tit the tho e u united n it A Sta state test or when they aie are exore exorcising lellig jurisdiction the in cas ca cases cs arising under the ole constitution and lind laws of the but lie he claims as it is his ills light and duty to claim that by virtue of tiie law of or tile the united states and of the tile laws of utah and by virtue 0 of the tile election oath bond and aud commission aforesaid he lie has hai the tight right and ib it is his duty to act as territorial marshal of utah territory and as such to be the executive officer both of the supreme and district courts when such courts are not exercising their jurisdiction as circuit or district courts of the united states nor in cases not arasin arising under the constitution and la laws w s of the united states he herein denies that he be now nov executes or at tany any timo time heretofore he be has executed any execl executive tive tivo duty of either of said courts or served any process whatever 1 wrong fully unlawfully or aitho authority and if ir as alleged he performs most all of tile the executive duties of said courts and ser serves ye s most all of or the processes it is for tho the i eason leason that by law jaw it is his ills duty so to do and now having fully answered and set forth his warrantee warr anthe prays to be aa adjudged judged to continue in said sald office signed 0 jonn JOHN D T mcallister Z SNOW SNO SV attorney general for utah territory TERRITORY OP OF utan UTAH third judicial district court sitting as ag a circuit court of the united states hos HON C CWi C WILSON Lox lon judge the tho above named amed n john D T mcallister makes oath aud and says that lie he lias has heard beard the foregoing answer road and knows the contents thereof and that BO so much thereof as is set forth therein from froin his own knowledg eis true and that which is tit therein e r e t forth froin from information of others lie believes to be true JOHN jorin D T mcaulister subscribed and sworn V to before me tilis his ath day oN of jarell March 1870 S A MANN clerk ENDORSED tho united states on the relation of J ai orr ty vs john D T mcallister ANSWER filed march ai 1870 S A MA MANN clerk Z S SNOW ov attorney Gell general Ml afterwards to wit on the tho lith day of may A D dl 1 1870 during other proceed proceedings inks inis of the court the folloN following vinz vIng appears of record which is in ill words following to wit in the tite relation of 1 demurrer D demurrer J M orr against of J D T me ale f plaintiff alluter J sustained ned afterwards oto fo wit on rray may lath 1870 during proceedings of lof court tile the following appears of record which in lit words following is is to jo wit in the relation of 1 jud judgment ni ent J M orr orn against of J D T me afe ouster allister J entered and ordered by the court that said mid respondent turn over within ten days to the alator all processes or other papers of this court now in ilis liis is haud hands as ms well weil as property ziba now in in his pos possession easlon by virtue of any process or order of this court afterwards to wit on april 30 I 1 1872 S 7 1 durin during proceedings of tile the C court 0 rt the following low u appeared of record which chieh I 1 is sin in words following to wit AV april 10 1872 court met pursuant to adjournment present hon 0 F strickland judge J L high dept U S atty A S patrick patriek dept U S marshal JD T mcallister territorial marshal 11 1 W mcallister acal lister llster deputy territorial marshal wm win S walker V clerk nerk Z snow terri atty geil general eral court opened by the territorial marshal whereupon the court announced that the territorial marshal and territorial attorney general would be recognized as Exec executive utNe officers of this court for vil vii all ill territorial business on motion of oflas jim L high egg deputy U S atty ordered that a be and hereby is entered as to all indic indictments tri tui lentis found by the grand jurors of this court at it and since the tho sept term 1870 isto ther thereof eor and that all prisoners held under tinder such indictments be lie discharged and that all ai prisoners held under preliminary examination le transferred by tile tiie TJ S 4 marshai to the tho territorial t barshal marshal territory of or utah ay 8 c county or of salt lat lal lake e fa 1 1403 jos F oc if third judicial district court of utah territory do hereby certify that tho the foregoing is a fuir full true rue and correct copy of the original complaint answer and court proceedings in the above entitled action on file and of record in my office witness my hand and the seal of said fais figs I 1 court at salt lake I 1 J city this fard day of october A jos F clerk by liy edv EDW B mckya deputy clerk by the above you seethe see the territorial marshal at the suit of the united states was ousted from office on tho the lith day of may 1870 and the U S marshal placed in lit ills hh office and that on the day of april 1872 the |