Show mv i JUDGE WITH A is 11 I 1 rap riv 7 V zane all ali 0 MI n the tsz mutton fo for c k a an n 0 open p e n v venire A laer laeb f far 6 r eight t 9 grand idlis jurors appeared in f uli uil in fi the of saturday Sat it was delivered in the af hernoon afternoon ter noon and we har harl not time to comment upon it except vil vii veay briefly triefly on careful examination it exhibits a 1 I POW e erful weakness it assumes that a C court has power to supplement a statute with measures entirely foreign to its text if the statute is not broad enough forthe purposes purpose of the court it if ignores fedores the principle that a statute 0 on any subject supersedes the common la law w yn in rela reia relation tiba to that subject it seeks to justify a departure from the practice of the utah courts for over ten years by a violation of a generally established rule its sole gole excuse for all ali 1 this VIs is a condition of affairs not conte contemplated 31 ardd in the law and brought about abou R by th tho the courts Court sown gown own error erron erhorn n permitting proceedings unwarranted unwar raVed by the law the facts are these the lury jury practice in this thul territory i Is regula veil veel rythe bythe by the laws of utah and by the ule united states statute commonly called the poland law which was wils approved june sune 1871 1 h it provides that annually in the month of january the probate judge of the county an and the clerk of the district colart bh allach select onehundred one hundred L i names nanie of ma wie ile citizens of the united states statts to 9 serve us as j jurors u f for dr the year that these e names shall be written ii itten on L separate slips of paper whichard chare to bb bbb placed edin in a caird covered red bof arid an d thoroughly h mixed and mingled that the marshal or his deputy shall draw arany from this borsuch box such num number berof of names named as as jhb judge U ge has declared to be necessary ton fon grand ran and petit jurors for the term te v that t atthe the persons whose names are areco so drawn ra nt shall shail ailbe allbe summoned and such names shall not be re returned to thebon until antil adnew dry mry list has been made that when a grand and petit jury are the zhe names for sor the grand ury jury j hali hall be drawn finst first that a public e notice of the drawing dialing di awing must be given kiven b by y rd at beast twelve days previl uan ban hAd ahat that if the attendance ot 01 those hoe bahin cafin bt be ba obtained other names maybe may nilly be drawn in the lameman ner nen tha rha the territorial law provides that a dwina jury shall be composed bf fifteen eligible bil bli gible male maie citizens of the united states summoned and as provided by bylaw law twelve of ohof constitute a quorum to do business i at the jp resent present term of I 1 the third district court nailie names were drawn and juro jurors rs summoned A as provided by law but the prosecuting attorney chalicki challenged p grand jurors wito as to their pra c tice of and belief intha lightf ulness of 11 and unlawful cohabitation ja in some instances the challenge was as jurors belief in the rl rightful ne ss pt cohabiting bilth more e eilan lilan than tuan one woman in n me the anar anaf haget relation in instances the words in italics i were omitted ohp the court allowed the challenges clial lenges aud and compelled veiled the jurors jura elther eithen either to answerer decline cecline to answer an L tj the affirms clineTta de answer were rejected iii in consequence of this the exhausted before beford fifteen men nien were obtained for the grand juny jury only been beon accepted the attorney moved for an open venire that thatis is ls akrit a writ to sum moo mont pe persons from anywhere in the di district brict without having be been en selected as provided by b law so 9 as to secure the requisite number after hearing arguments from the leading members of the bar all ali of whom declared a against the motion with the exception 1 otone firm noted lor tor its enmity to the people of t tas As territory and fon for oi is HS and pettifogging judge zane decided to allow the motion and ded them the writ was wais issued pe returnable forth c r with alth persons suitable to the court hourt officials were picked up and siv sworn orn in 9 ua a related in another colum rf ahilea an n endeavor was made to prevent chal chai enges sought sough tto to be interposed by a member of the bar the effect of this decision Is that by similar or other me means ans to those employed in this instance the tee box may be exhausted at the first term of court in the year vear and then both grand and petit lurl luri luries juries may be selected to suit sult the mar afar shai Prosecuting I 1 attorney or judge an thus none but gentiles and aud thole those ota ofa of a hostile class be put upon upon the I 1 luries juries urle urie to indict and tr y 11 iod lod any charge that may mak be trumped up against them the intention of congress ress in li passing assing the poland law lavy is evident gent on the face of the statute etiva to give gide the two classes of the community here equal opportunities on juries the small minority mino of G gentiles p were placed on an equality c 1 a 1 1 t y aitu w itu lau tile the large majority of mormons cormons 10 this thib i was as finla enough 1 but 1 ut tho tha pew new ni method tik w d of ju judge d diio zanes ness nels excluder c uda all and dm machup up juries to in 1 diet and try them tom composed posed af f their enemies ene mies the manifest intent of the thep law Is xen rendered tendered dered abortive py the zahe legislation the judge judg asks did congress angres intend I 1 that thi tais tats s district should be wl without ou grand and or pelt petit jurors for ten ens months iff tho answer A is 10 0 o for congress did not intend that citizens citizen should be excluded from ju jury july ervice service many a ny such stich manner as inq ju judge ge hns has per permitted ted it is his bis ruling not the intent di I 1 pra provisions of the luly ialy dren drea created the difficulty for which he has nas sought a remedy and resort resorted csor cd to ep desperate an expedient and this Is the answer to most of the que queries set i forth in his bis a argument lie ile lle lie contends n te 7 that thad a grand ju jury ry is an essential part of a court for the trial of criminal cases and that therefore whew when the statute providing for a grandeury gran grand djury jury Is exhausted thea the judge ud e may create a grand jury outside of the statute on the same rule of reasoning as a grafia barid jury is part of the hatidje cou con court t when there is no judge it at hand the grand jury may appolo appoint t a jud judge e be crac cause accused persons are entitled to a speedy and impartial trial hal hai anit angi a prosecuting attorney are arc pach each just as necessary to a criminal nal nai court as ai A crand arand jury loes does judge zane mean to sies thun thon that if ifa fromey cause chere wa was or deputy authorized to act it would g be e within tha the province of the court cough to tol toj appoint one and the same in the cas case c of 01 the thoi absence of attorney it iche q ca cannot i pt adothis do thy iacre does lio iio 91 96 t tain a tl I 1 lii ill his s 4 authority to make mak errand eIrand grand J jurors u r 0 rs b by y m means eans not authorized f a the statute which creates them it was argued that because the po land laud law does not in terms exclude the power to provide d a method for tor summoning more jurors than are provided for in the law there therefore fore phe the j Legisla legislature tun tur g or I 1 tte the the court may properly make male such provision Js not tris this the baldesi kind of nonsense if our leg beg legislature had added to the roland poland law proy provisions mons ion for the selecting of additional names namos would won iii lei it t not be declared an impudent attempt to supersede an aik act of congress and it if the legislature may no nol not presume to do this is it lawful for a ao court url arl fo assume suilo 1 legislative I 1 functions and suc htoo as the legislature may not exercise and does bot not mot eyer cyer every tyro in the study of law know that a statute which provides f for br i the selee 4 t a lury djury or any other thing excludes every other method than that which is thus d Is jt necess a ary to tac tae tack on jon to 0 entry every enact enactment ment meat a provision every than thau the one prescribe prescribed dis is excluded joes loes 0 6 not the v very vory e jact fact that a p fatute ism Is made i d for a ziven glyen purpose cany sany with it th the e exclusion of anything contrary ti to it its S provisions Is for sor that pur purpose bosq and is 1 it not clear that when congress provided the method by which jaries junnes should be drawn every other method became illegal in the tae case of the state of maine v vs simons which the judge commented upon the court held that as the power was vested in the le legislature isia Isla by the state constitution to provide for selecting a jury and the Legisla legislature tute tuie had done so there was no other gawf lawful ul power powe of selectia selecting tin a jury Is not this exactly the pres present attaie at case caie power has been given in the or organic act to our gur le legislature over f all rightful lightf ul subjects of legislation 1 it is io in disputed that among these is the right fo 0 i regulate palate eulate pala the se selection leellon of juries ano au the tile legislature has c exercised this power which i can only be inter interfered fei fel ed with by congress and cannot be infringed ringed upon by the courts the law of the territory gry and of congress then in regard to the selection of juries in th this I 1 s territory are paramount aar amount and exclusive and ancl there is a no other power by which the tion of a j jury ury cabbe can bec bee p provided ro aided vided 1 I 1 the judges own argument oo oil t his this point i goes directly against ills his conclusion ilon it is evident to those time who have watched the proceedings that tills whole movement sas was vas intended an abul is part of a plan the haste with which the illegally summoned ouel jurors were brou brought hi into court and sworn in and the obstacles thrown in the vay of mr ant F S si richards when he endeavored endeAvor cd to challenge the illegal jurors is exio evlo evidence c nence ence inthe lathe in the same it if ills his honor is another judge with a mission lie he had better be careful in his imitation of the course of mckean who i permitted his zeal to run away with ills his discretion and whose decisions carried up to the courtlon court of lot last rie resort sort made him the derision of the bar we hareno have no doubt that gjud judge zanes wanes blunders will have the very opposite effect to what has been intended we wc doubt whether the supreme court of the territory will sustain his method of sele selecting clin juries and should a test case go up to the highest tribunal tri buhal in the ind land it is almost certain to result in discomfiture to our latest judge e with a missi mission om |