Show NO jurisdiction in yesterdays we briefly noted the poin t that the supreme court has no jurisdiction in the case of george 11 maxwell w robert T burton ue rel we baio this conclusion not merely upon enactments and judicial decisions but upon well settled and understood principles of law the writ of manda inua is usual ly regarded as an extraordinary and always as an equitable remedy and as a matter of necessity it fore be clearly de fined limited and understood ia order that its powers may not be as many other of good have been caused to become in badhand san instrument of harm the power from whence issues the authority to grant mandatory writs in the united slates is not inherent in granted and regulated by law and the question is therefore definitely settled for this territory by the terms of the poland bill which provides among other things that the district courts of utah shall have in all suits or proceedings in chancery the supreme court according to the construction given by judge in the case of shepherd vs the second district court p having only the authority to issue the writ whenever from any cause it appear necessary to do so in order to enforce its appellate authority notwithstanding the fact that the laws of utah provide clial a mandamus may be issue l out of any court in the territory except that of a justice of the peace the congressional enactment above referred rel erred to governs and it not only busts ousts all courts but the court from jurisdiction but goes further in the direction of annulling the territorial law by specifically and emphatically for diding the probate courts from exercising any such power As we stated yesterday we do not propose discussing the merits or demerits of the case brought by maxwell for the purpose of dis fran chasing the female voters of utah because the matter is so bad in form and procedure dare as in our judgment to preclude an investigation by the court all actions fiut go through certain stages before their features are reached and they musi be brought in the proper court for any proceedings whatever to be had in this cas we have shown that equity is not the proper remedy and if it were the supreme court is not the proper tribunal to apply it maxwell should now proceed to undo all that he has done and make a new beginning if it is really his desire and expectation to give the female suffer aga law a lest in the courts if it is an unconstitutional enactment it cannot stand and everybody should know it and if it be otherwise the matter would be set at rest forever so far as courts are concerned and the maxwell machine could be turned out to grass until the next tensa tion comes alone there is tom elbing too much of this and the would be despoilers deep of not only rights but those of men as well should learn that the sooner they put an end to quibbling aej dodging and make their fight respectable the quicker will cease lio self imposed from councils and proceedings of hat belter class in sympathy with heir ultimate object who object to campaign being conducted by mean of the nibbling of pismires pi and the kicking of grasshopper W are not advice by any means it would not be accepted and wo have better work to do we are not telling them what they ought to do or how it bedone but caroly points ini out what they cannot do and what therefore it would be to the of all classes for them to abandon the c was argued at length last evening and submitted when the announced their decision would ie at thit it may reach us by tele graph in timo for insertion in fhe htide of to days |