Show SUPREME COURT the proceedings before the chief territorial tribunal the following orders were made in the Terri territorial supreme court monday afternoon june 4 united states of ef america cespon dent vs the late corporation of osithe the church of jesus christ of latter day saints appellant passed for the present united states of america respondent vs the perpetual emigrating Emi gratine fun rand company appellants same order united states of america respondent vs andrew J kersha bershaw Eer shaw appellant set for monday the I 1 ath dinst dinst united states of america america re respondent on ID 1 vs thomasf thomas F harris appe appellant tra 1 t set met for or Wed wednesday nelay oth united states of america respondent vs william G bredemeyer appellant pel laut passed for the present to be set down later in the term united states respondent vs ast T B R cutler appellant set for lath abam abraham hooper respondent vs T W bates et al dismissed on motion of et plaintiff plain tift crescent mining company respondent vs wasatch mining company appellant set for ath jacob P larsen respondent vs utah northern railway company appellant set for M K B buford et al respondent vs john 8 houtz et etal al appellant passed for the present ralph A Pi pidcock deock respondent vs utah northern railway appellant set for I 1 in the proceedings instituted to have declared invalid the law passed by tolate the late legislature on the last day of the session and after the hour hoar of mid night Judge powers made an argument in support of his position he main knain that the striking of the midnight hour of the ath of march adjourned the legislature as completely as though a regular adjournment could be had the members after that hour could not act as legislators if they could pass ia laws ws after that hour they could coald remain in session an in dennite period nor could the governor approve any Is law w after the hour named the law ste stepped pe in and chee checked ed the legislative e Is a ve ant authority arity in its mad career the the act of the legislature e in this instance was usurpation apiou and the court could go back of the record to ascertain that fact there was never but one occasion in this country and aad there never will be another when a body of men said that the record could coald not be dis turbe dand that record was a fraud frand and would be so HO proven in this case the court was authorized to gain information from any available source As to the court commissioners judge powers insi insisted steg they were territorial officers though prescribed within certain districts they gave bonds to the territory drew their salary from its treasury a and d r reported arted to the legislative assembly sn e ba they should be called court censors instead of commissio commissioners nerg the law is also retroactive in IB its effect as 1 4 was passed in march and made to 0 go o bar back ato to the first of january at t this b a point an adjournment was wad taken till 10 a in today when col 8 A merritt delivered a speech befort before the court he said that the legislatures of the states and all territories exe except ept one had some respect for their constitution sf sr in that one oae utah the reverse was wah the case from the way the speaker looked at matters the utah legislature was limited to a sixty days session by congressional enactment and on this point mr merritt dwelt at some length he also seconded judge powers idea as to the propriety of the court disregarding the record and receiving oral testimony thomas marshall followed in an aa exhaustive hau stive argument showing that the disturbing of the record was a dangerous and unwarranted procedure the motion to quash was submitted and taken under advisement |