Show HASTY JUDICIAL conclusions JUDGE ZANE has gained great credit from the he bar and the public for his promptness ind and and dispatch in the busl busi ness of the third district court the law laws 4 delays are sufficiently irritating to litigants without the vexations vexatious cau can caused sed by a halting 11 and procrastinating in A judge the new chief justice has commended himself to those who have lecome acquainted with his bis me methods ghods and we participate in fhi tiie the satisfaction experienced in the rapid disposition of cases tried in his court but it appears to us that this ery very c cry agility Is disadvantageous when dues questions lons ions of great importance to the community as well as the parties immediately mediate interested have havu to be weighed and yielded Ye decided elded A little more time and thought bestowed upon them would perhaps bring different conclusions to some that havu have been hastily reached I 1 take for instance the ruling of judge zane in reference reier reler ency ence to alexander alaj majors ors eligibility to serve as a grand juror in the polygamy cases of fowler fowier and heninger the law says hays a juror must be a resident of and a taxpayer in this territory atso awo thit he must roust not have served on a gracd or petit jury within the term tf bf two years next preceding it was proven that mr majors majora resided in california and that he was on only ly in utah on business that he had actually served on a jury during the same game year when helas placed on the grand jury the legality of wb which ich was in question that he was not a taxpayer by his own acknowledgment and by the fact that thae h his Is nam e was waa not on the tax lit lit li 11 t yet judge zane wane declared him to have been a legal juror this conclusion was arrived at by an extraordinarily circuit circuitous ou process or of reasoning exhibiting some haste naste i n the passage when mien mr air majors was challenged after he had bad acknowledged he was nol not a taxpayer lne the district attorney asked lluu 11 be had bad a watch judge zane jumps to the conclusion I 1 that because the juror answered in the affirmative he had at that time on his bis person a watch and chain although this does not appear and takes a still bigger jump to the conclusion that he was the owner of that watch and cham chain at the time when assessments were made as provided by law which wilch he must have been to warrant the decision that lie he was a taxpayer in the seass sense of owning taxable property the revenue law in force at the time when mr majors was summoned as a juror says 1 rno property taxable under this act shall be listed and assessed as owned and valued edep on the first da day of april in each year it if judge zane dhe she la Is justified in assuming as he does that the thea furor juror owned a watch and chain on his person at the time he was challenged that does not prove that he owned the taxable property on the first day of april preceding the evidence went to show a and na his admission provided that he was not a taxpayer tax payer in this territory whatever ha may have heen peen in california on judge zanes reasoning and conclusions clu il a drummer whose domicile Is in new york who comes to utah on business and stays here her esix six months may not only be taxed for alithe all ali the personal property he be brings with him which may or may not have been previously taxed in new york but if the assessor does not find him out and assess the property he become nevertheless a legal taxpayer taxpayer and subject to jury duty because he has escaped from that duty in his own state for on judge zanes reasoning if such it may be called he is a taxpayer tax payer dayen whether he pays taxes or not so ion lon long iong as he owns owns anything of value and nd he is president ot of this territory wai Wal tory tony because he hb is hereto do business and has his been here six months although his do his voting residence his taxpaying tax paying residence his bona side jide home is in new york city ity queer kind of law that Is it not judge zane adin admits t s th that at 11 under the general law ol of the land assessable property Is at a mans own domic domicile ile ilc the place of his abode 11 but says he Is disposed to hold that the statutes of utah have changed that rule lie he does not show however in th what respect they have so changed the general principles that govern in such tsuch matters he la Is only disposed to hold that opinion and why is he so disposed Is it not f for fur or the purpose of strain straining hig a point to make an illegal or at lease least doubtful grand jury legal for the purpose of inducting indicting indic ting mormons cormons Mor mons the sophistry he displays too tuo la in handling the question of of returning I 1 lo 10 0 the box the names of jurors okee jhee once drawn Is transparent the poland law says the names thus hus drawn etc shall not bo be returned to or orla orsa bagain aln ain aiu traced placed in the box until a new nev list lisi shall be made 11 thus dramn draten 11 what does this mean his honor argues stat it refers to the object for the j jurors ur are drawn that is to constitute the regular grand andl petit juries while if they are drawn subsequently for special cases their names are returnable but the words thus drawn signify if language means anything the manner ln which they are drawn that is the slips containing names selected are to be placed by lne tue clerk in the covered box and lnor thoroughly mixed and and thereupon the united states marshal or his bis deputy shall proceed to fairly draw by lot such number of na nam mesas esus may have previously been directed by said judge the names thus drawn a shall not be returned to the bohnow box now is not the second or subsequent drawing exactly similar to the first read the law the names for additional jurors are thus drawn precisely as for the I 1 agular panel and the law says the names thus drawn shall not be returned to the box the words clearly refer to the me manner of drawing rather than to any special object for which they are drawn and therefore coverall cover all ali cases of such drawing in the The effects of the evident straining of laws in a particular direction and to operate against one class of citizens will be to make much litigation aud and unsettle judicial affairs in tuis ania territory once more for a season appeals will be taken some reversals will doubtless doubt les be maee mace and former experiences will be repeated these have been generally adverse to missionary judges and we see no reason to doubt that history in this respect as in others will once more repeat itself |