Show BEAVER november 8 1881 issi editor deseret news the september term of the second district court was rather monotonous hence I 1 did not writ write e you besides I 1 believe every ca case se was irps noticed in the local papers I 1 might have said something about what the beaver enterprise called the celebrated cade case hutchings against Blac blackner kuer gentry the important points in this cabe case are that the defendants who might have settled the matter for 25 without going to law have run it up to berh perhaps aps or more and the end is not yet their attorneys who are early settlers in utah being unable after allowing their time for appeal to the district court to run out and being beaten in three lustines lust ices courts finally got the case before judge twiss on grounds of jurisdiction of city justices in civil cases ana and the validity of city charters in mah utah the main grounds of argument were that aa as city charters are not mentioned in the organic act the legislature had no right to grant the charter the next ground was that as the justice was elected for the tho city he could at a t only as a police magistrate the city charter to the con notwithstanding various authorities were cited po and con the constitution of the united states and organic act provide for justices of the peace and say that their jurisdiction shall shau be as limited bylaw by law this thia of course leaves the matter with the legislature with nith the only tei rei that their laws must not conflict with the constitution of the states or the organic act of the territory A ahe zhe he last named act in section six bix provides th t the legislature Legis latu re shall have the power to legislate on all rightful subject subjects a of legislation except the primary disposal of the soil taxing non residents higher than residents or taxing property belonging to the united tates tates government these thes are the only exceptions As no ont one one can doubt that city charters and jurisdiction of justices are rightful subjects of legislation and not prohibited it ia is I 1 think clear that tile the justice had jurisdiction to take away beaver city charter or ann annul ul it I 1 t on the foregoing grounds would be to invalidate every charter in the territory and to oust the J justice ustice of jurisdiction on the grounds alleged would be to oust every other city justice the smallest cities are allowed two justices of the peace either of which outside of salt lake and two or three other cities could do four times the amount of legal business required both civil and criminal tho ruling of the tho court ia Is reserved for the first day of the december term I 1 leave further comment wi un til a decision de clion is reached and pili fill only add addi that thab thus thug far his honor ranor bas bag given the fullest satisfaction law abid abiding ing citizens and we have no doubt the rights of the people will be sustained DANIEL naniel TYLER |