Show ak A QUANDARY I 1 TT fri f ri Commissioner McKay Is not sure Wl jether h ecna wit lies for contempt arm the salt lake papers we at 2 pm yesterday john and all of the witnesses summoned were present at the commissioners office eliza was called and the questions on friday last being stated her reply was that she declined to answer th e court have yon any reason for witness I 1 have none to state mr varian for the prosecution up the question on the motion to witness to custody until she bid conclude to ans questions decided to be prop er bythe court the law under which the commissioner was acting was abat theP uland bill and one provision was the giving of jurisdiction in territorial cases equal to justices of alie peace he hel that this provision related only to territorial oft rc 3 was the only territory lu which united states commissioners had been ap pointed and they were given powers equal to commissioners of untied states circuit courts in bec eec lion 1014 U S revised statutes the committing magistrate was placed lupon the bame plane as judged of united states circuit courts in the states they were controlled by local law whether in a state or a territory the same powers which were given commits ting magistrates under the territorial laws were exercised also by U 8 commissioners under these laws a witness could be punished for contempt for refusal to obey a subpoena or to testify in this territory the district judge had more power than a justice ot the peace in being empowered not only to fine but also to codyce the witness in the statutes of 1884 given to imprison af witness until the aca required was performed if the power of ane commissioner was not st atule that powers would be unlimited to be exercised common law mr the power to punish abr contempt which though had been but little discussed did not exist with united states commis or if it did was so doubtful as tb require cautious movement the power to annish for contempt was special and was in the nature of a criminal process inferior courts inclusive of examining magistrates had no power to for contempt unless expressly granted by law A ber of authorities were cited to show that united states commissioners had no power to punish for contempt except where expressly gran tedi which was not the case in this territory mr varian responded by stating that the commissioners in some bad power to punish for con tempi and in others ahey hada not it was his idea that ahe local law gave the commissioner all the power requisite he did not pretend to say that the subject was so clear that they could see right through it but he bad endeavored to present all the legal conclusions two other witnesses frederick J senior and hezekiah mcboy were examined after which the commissioner oer said he had looked at all there had always been a little doubt in bia mind as whether to he ought to assume the powers of a district judge he would look the matter up farther and would be willing to take auca steps in the matter as will facilitate matters to obtain a decision of the supreme court upon it there certainly should be some decision he supposed the matter could ba reached by a case happes corpus before the court mr kirkpatrick suggested that tha witness bo dismissed and that the points involved would doubtless come up in some other case the continued the case until ten this morning |