| Show THAT RULING ON THE REGISTRAR 5 it to is the boast of modern jurisprudence in america and Eya england glaud that the law provides a remedy for every wrong almost the whole law of injunctions is based upon the proposition that the remedy for a wrong may be applied in advance of its actual commission on a showing that it to is threatened and that the remedy would be ineffectual if deferred until the wrong is consummated the lower courts such as the justices of the pence peace are under the author ity of the higher tribunals it Is true that a justice of the peace has a right to exercise discretion he would not be a judicial officer at all if divested of this right it to is also true that a higher court cannot prescribe the manner in which a justice of the peace shall use discretion as this would be to divest the lower court of discretion but in this territory the district court has power to prescribe the manner in which a justice of the peace shall not exercise discretion when on a showing it is made to appear that the latter officer is about to abuse the authority of his office in a specified manner the higher court may issue an order commanding the justice of the peace not to do the wrong which it hosi has been shown he to is about to commit the authority of the district court in the premises is still more certain when it is shown that the mischief resulting from the wrongful exercise of discretion by the lower court would be irreparable the higher courts of thi this territory have exercised this very power over the lower ones it will be remembered that thai in the fall of 1885 the police magistrate began to hear cases of persons charged with lewd and lascivious conduct it was currently reported that the police had made a large larg number of cases of this claw class that the accused were prominent members of the liberal party parly that the details of the evidence would be extremely damaging to the reformers 11 of utah who were most prominent in the enforcement of the anti polygamy laws and that if the proceedings were not stopped stop oed many of the latter would inevitably be convicted of and pu punished dished for vile and degrading offenses the higher courts were appealed tp ap and fm an order issued to the police magistrate vom commanding manding him to desist forthwith from entertaining this clas clan of proceedings the evidence procured by the police against a number of prominent liberals could not be used men who had bad in 9 0 pad and disgraceful mannor manner the law went scot free faw liberal libertines liberti pm breathed easily the lower court respected the authority of the higher and the crusade wo of the police against lewdness lewd nees subsided the ruling of judge zane ane some days ago says the registrars are judicial officers whose discretion the district court cannot interfere with and whom it cannot restrain in an eger cige of power pertaining to their avy any number of aut authorities bories a contrary position might bo be cited but the he labor of collating thom them conw probably be thrown away unless it were necea emary aary to use them in the interest of some ilk beroll 9 cuse cause |
