Show 1 0 UT AR AFFAIRS IRS les no 1 Po lands rolands bill Amende amendment nent the gov GOT arnor i C Coar ourse soane seThe abe the judiciary the tho utan utah H klair klaic lair sain gain aue JAICE AKE CITY 1 april 30 1874 editor deseret news your is isue orthe mii mil last co contains n the following tho tho the house hougo judiciary committee have decided to reper cas tas an amendment to mr inin Po poland lands lauds bill hlll a pro vision requiring the governor of 0 utah to appoint a commission to make ti tip jury lists A fairer fatter provision certainly than that which empowers a judge to pick his own jury were the governor the friend of the people of the territory instead of being their aver lver aversion siou blou by his hla own E showing howin our present governor is lea iea leagued gued with our ogre open a and bd avowed enemies who are c cla cia morins for proscriptive legis lation see see sea his annual message to the a jan 13 9 1874 1871 1 hi mos moy message sage sago vetoing the assembly li memorial to congress for a committee of investigation ac he it Is especially obnoxious to the people because out of some forty five alve bills buls passed by br the legislature he vetoed nearly every important measure and among them the general appropriation bill ho he refused to commission leg illy tily elected officers and without prerogative appoint ed men mea to fill nill the tho offices who were most mor obnoxious to tho people in 1971 1471 when citizens on our southern frontier were surrounded and threatened by hostile fava nava i oe indians geu gen erastus snow enow dle nie anle graphed his hla excellency for authority to call cali out the militia mi illia lilia or e what had best be done in the pro miser but received no reply the situation was critical t and the tiie gene ral telegraphed again this bitne time requesting tite tile operator to wait upon his excellency person personally ally aily for vor an answer the reply was tl 1 I shall do what I 1 like abt aut abigt ut answering it I 1 or words to that effect but no reply was made to gen snow thus the gover governor governors proclamation forbidding militia gatherings had to be lie disregarded or the people left to the mercy of the savages when hon wm hyde probate judge of cache 0 co o died only two days elapsed benoie the governor appointed his hig successor a man most moat offensive to the people hearing of this the county selectmen telegraphed his ls excellency that a peti petition tion tiou of nearly the entire inhabitants of the county was then in circulation asking the appointment of one hammond and praying him to suspend action until they could be heard the petition was presented signed by some 2500 persons with affidavits proving that the governor appointee had not the required residence quail qualification fl cation catlon still his is excellency refused to withdraw his appointment preferring the man distasteful to tile the people and ineligible to the office what mat fairness can we expect from such a man in appointing a commission to make u up p jury lists list he is one of a class who by misrepresentations 1 and innuendoes are exciting congress to believe that extraordinary le legislation 0 isolation is needed here when such suc li is not the fact what we do need is federal meers officers omm off like judge emerson who guided by the express terms of a recent decision of the national supreme court recognizes the tile validity of the territorial laws and is willing to administer them thein in the first district court on the ath dinst two sets of omeera officers presented themselves for recognition one set bearing commissions from the governor the other having been refused commissions presented resented certificates of election 1 duly my certifying that they were elected to office by the joint vote of the leg legislative amative assembly under the provisions of a territorial act creating the offices and providing provi dlud theman the manner nerin in which they should bo be filled of this act and in this case judge emerson said whatever may be the opinion I 1 may have upon the subject I 1 am bound by bythe the decision of the na dional supreme court this very act has mis been before that Court and has been declared valid I 1 refer to the case of snow vs the united states ex rel hempstead a cas case 0 decided in the october term 1873 11 J quoting from that decision in tb the jangda language e of mr justice bradley judge emerson merson said the power given to the legi legislature 1 sla sia t uro ure is extremely broad it extends to all rightful right tui tul subjects or of lo legislation consistent with the constitution and the organic act itsell itself and there seems to be nothing in either of these instruments which directly conflicts with the ten law ir if there is any in consistency at all it is in that part of the organic act which provides for the thy appointment by the president of an attorney for the territory bu bul but t is that necessarily an inconsistency the proper business of that attorney may be regarded ms as relating to canes eanes ca en in which the government orthe of the united states Is ia concerned the analogous case of the marshai marshal iuar luar shii shil and the th e separation s ep of the business bu Iness of the courts as to government and territorial orial cases seem eem to give some countenance to this idea at all events it has sufficient basis bagts for it support to establish the conclusion that there is no necessary c conflict on between the organic and the territorial re laws the organic act is susceptible of a con cong tin tIu llon lion tion that will avoid such conflict and that e construction 0 is supported by long sade daae le in this and other territories under thu tace e circumstances it is the duty of the court to adopt it and to declare the territorial act valid the utah ring b 11 including the governor was thus defeated in the tho first district but the deadlock dead lock in merean mckean ime keans s district continues and why not because of all manner of reasons invented by eu tation and calumny not because the territorial laws are unwholesome or not because the mormons cormons Mor mons obstruct the ad ministration of justice as is alleged but because judge M ls it by refusing to acknowledge edge the validity or of that territorial law being opposed to the doctrine main tattled by tile the national supreme court ever since may 1870 during the senate debate on the Fruling huysen bill last session senator carpenter said we do know that tile the judges of utah territory today to bayate day me under tle the tie impression that they are commissioned I 1 do not say by the government of the united states but by that higher power which rules the universe to 0 extirpate mormonism niam and polygamy in that territory the chiet chiel ju justlee justice stice of that court hor hon J B mckean entered upon this crusade and was brought up standing by the decision of the supreme court clinton vs englebrecht 13 wall p 6 which wiped out everything that lie had d done A application is now made to us for dor t the ll 11 burp purpose ose oso of astren strengthening them in that purpose in that decision the supreme court unanimously held the tile territorial jury law to be valid and declared that judge mckeand Mc Keans court wholly and purposely pu disregarded it ac the law was 9 passed in 1859 it had bad been acted uon umon by every judge on the bench prior to the crusade it 14 substantially a copy of the jury law iw of many of the states and ample for all ordinary purposes but not for packing juries had hlad judge mckean acted under that law like his hid predecessors and his ast associate ocl opiate oci ate judge emerson today there would have been no deadlock dead lock in our courts court but he is obstinate in his missionary zeal arid and congress forsooth must pander iander lan to him or he will resign his office if mr editor you allow me space in dur your columns I 1 propose from time to time to establish certain propositions touching utah matters the first farat of which is that the already existing provisions for the administration of justice and the enforcement of the laws in it utah are nrc ample for all ordinary purposes purpose that the avowed object of certain measures before congress being to suppress polygamy they sih fth should ouid be so constructed and so limited in their application as no reasons exist for their g general application VERITAS 8 no 2 dowers rowers hort fort era ot of territorial keef kech lasures the eho legislature and the judg Judi judiciary clayr elnyr juries SALT sant laite LAKE CITY may 1 1874 editor deseret newl news chief justice justlee chase when delivering the opinion of the supreme court of the united states in the engelbrecht case said rile file theory upon which the various governments for portions of the territory terri territory tor y of the united states have been organized hac ha ever been that or of leaving to tho inhabitants all the powers of seif self government cowd consistent stent with the tho supremacy and supervision of national authority and with certain fundamental ann ciplet established by congress the first plan for the establishment 0 of governments in the territories authorized zed the adoption or of state governments vern ments from the start st starland arland artand and committed all matters of internal legislation to the discretion or of the inhabitants unrestricted otherwise than by the the state constitution originally giri ally aily adopted b by y them in all the territories full power was given give 11 to the tho legislature over all ordina ordinary ry subjects of legislation the terms in which it was granted were various but the import was the same in all judge titus formerly chief justice for utah in an opinion 0 given in salt lake cur crr in n may isai said all the constitutions vest the lawmaking law making power or of the states in their legislatures congress with its lawmaking law making power confined to t 0 ite I 1 ts self seif at its first session in 1789 up UD to 1865 has created thirty territorial governments now 31 by which all legislative it power and authority or of such territories in relation to their own domestic affairs have been vested in the territorial legislatures la tures more than twenty of these have become states and the almost uniformly judicious exercise ol of these powers attests the wisdom of these grants p senator orton morton Sl speaking of our organic act in the U S senate said the organic act gives to the territorial legislature general jurisdiction to legislate upon all subjects subject 1 except those which are mentioned in the sixth section ie rhey rhe they shall pass no law intel interfering with tho the primary dis disposal of the soil no tax shall be imposed upon the proa r 0 1 perty of t the lie united state id tates nor shall the lands or other property of non residents bo be taxed higher than the lands or property of other lift it has jhb of a state legislature not limited by those provisions that state conati generally impo e upon their legislatures s 11 cong globe 3rd ard session congress p 1783 under this thi s jurisdiction the territorial legisla legislature turg have from time to time enacted such laws as in their judgment the wants of the people required generally ado adopting epting as a basis the most approved laws of other states and territories on this point hon thomas thomaa fitch addressing the house judiciary committee feb 10 1873 said sald clan llan an act of the utah legislature i approved feb 18 1870 entitled d an act to regulate proceedings in civil cases in the courts of justice or of this territory and to repeal certain acts and parts of acts contains six hundred and five sections and occupies one hundred bundred arld arid c even seven pages of the laws of 18 1870 70 it is a civil practice cc act copied bodily from the revised civil practice act of the state of nevada which was waa taken almost without alteration from the california practice acta act which was waa framed upon the basis of the new york code which has been essentially adopted b by y some twenty of the states the pas sage of this act by the utah legislature is of itself a complete refutation of the tho allegations brought against them v viz az that hat they have purposely neglected for twenty one years to pass and estai estal alish a wholesome general system of jaws laws necessary to the welfare of a civilized corn community it evidences on nn the contrary that the legislature of utah promptly recognized I 1 the change which the railroad calir oad and tho development of the mines bad wrought in the social condition of that territory and so recognizing the fact that the people of utah were passing from a pastoral isolated community to ta one ono oneff of mixed interest and of contact with surround ing log permeating civilization they sought aud and enlarge en larg their laws lows to accommodate the new now conditions editions dit ions lons s 11 by an act in relation rela reia to tho judiciary approved jan 19 16 hee see page 29 laws of utah the le legislature 9 of utah gave the tho macy to the district and supreme courts presided over by fede federal ral rai judges judge overall inferior InFer lor for courts and provided that the district courts shall exercise original jurisdiction both in civil and criminal cases sec see sec see 1 chap I 1 thus expressly conferring on tha the dasti district rid ria coant irtz original jurisdiction ta in criminal cases wb where ere ene cocat laws are violated a jurisdiction which in the oon opinion loll foll ot of able jurists they did not other wise possess sec bec i 50 30 provid provider that appeals are allow allowed eu from nil nii decrees or decisions of the probate to the district courts thus tirus m makind making the power of the district over the probate courts well nigh absolute ab plute sec 4 requires that rhe rhe fhe judges ol of the disquiet courts respectively hall bali report to the at AC each regular pension the thereby rebr all omissions d or other othet evident imperfections or of the law low which have fallen failen under their ob atlon clearly showing allowing that tile the legislature not only gave the tiie federal judge absolute power over all the inferior courts but invited their aid in the prevention and cor of any abuses and at no time in the history of utah hw har any court ever questioned the jurls juris diction of the federal courts court here are checks and balances balanc es provided for the courts wo we have a well approved civil practice act our mode in ode of select selecting in panelling im and summoning jurors and aud of elect eject ing marshals and atto attorneys orneys is held by the national supreme courato be proper and valid so bo facht far lat tat least WO we may assert the sufficiency leney lency olour of our statute book for all ordinary purposes p u k poses s and for the rest of tho the th territorial laws while with a governor appointed by the president odthe of the unit um td t d states holding bolding absolute veto power over every overy act not of the legislature and with the roser reser reserved ved right of congress to disapprove disapproved i at any time any territorial law it is a significant fact that congress has never interfered M ith them only so far as ag they may albect polygamy nor has bas the good character of mormon maimon Mo imon juries bean called in question on the cont contrary raty naty mr it N baskin one of P advocates adv oate onte for proscriptive prescriptive legisla before the hougo houa committee on territories jan 21 ism 1 11 I have been for five years past a resident of utah I 1 must do the tho tice to kiv question religion of does not ot renter center into their couro court in iti ordinary ease eanes 1 I 1 have hava never detected e any bias on the part respect as I 1 at art expected I 1 havo shavo appeared |