Show I 1 1 I 1 1 1 1 I 1 I 1 I 1 v T T I 1 I 1 ni n i 4 O 0 I 1 1 tt 4 I 1 I 1 1 I 1 I 1 1 1 1 1 1 I 1 1 I 1 I 1 I 1 I 1 I 1 A I 1 TWO TO aa IE I 1 I 1 I 1 tile way the tile justices 11 I 1 of I 1 1 I 1 I 1 I 1 1 1 SUPREME COURT 11 I 1 I 1 I 1 11 F I 1 I 1 stood for the tho restoration of 1 I 1 power to 1 I 1 JUSTICES OF THE I 1 11 I 1 1 I 1 1 prosecuting attorney U C I 1 I 1 I 1 richards wins 11 W 11 AS AN CASE r I 1 1 it the whole territory the th absurd 1 decision li Is now L Benl Iten ered derid obsolete Obi olete yesterday tho the supreme court of this territory rendered a decision of the utmost importance to tho the local 1 I 1 judiciary the case in which this I 1 L judgment is mado made is one from froin weber I 1 county viz lz tile people vs william I 1 douglass charged with battery the defendant m as convicted of that offense before justice dee of ogden 11 in the ilia mouth month of february of this year ear ho ile appealed to the first t district court and he the case coo was decided in defendants favor on a demurrer to the jurisdiction of the justices tic escourt court from his this decision the people took an appeal to the supreme 0 court of utah territory the case on behalf of the appellant to the supreme court was mas presented it by C C richards 1 prosecuting attorney of W weber ober county the decision of the district court was overruled by tho the supreme curt judge boreman Bore roan dissenting I 1 I 1 1 I rom the peterd acus of last evening V ne me quote the following ing account of tho the case the opinion in full and the editorial comments of the aw news upon L the matter and its decision I 1 i to dav adoc a decision ision was rendered b by the territorial supreme court wh a herh I 1 ak rai rived ed quite a breeze I 1 in certain s I 1 quat quarters its chief ie is however I 1 to the jusli es of tile peace pence throughout alio it will be I 1 remembered reir thit it ne nearly tily two vicars cara I 1 ago when an attempt wae was ma made 0 on I 1 t the ar 0 part att 0 of I 1 the local officers to enforce 11 the he IAMB A against immoral immorality lity those who lio acro v being prosecuted rushed to t file lie Ie federal deral courts for prote protection tion the notorious a case was brought before tile territorial supreme I 1 court alitto Apt kuftic J S 1 boreman doreman and 0 IV V powers potters stopped all proceedings proe edings by holding folding that the uw law auth quing jumich set lie tile peace to bear cases v here the punishment wa a nil six months imprisonment and 1 1 too 00 fine was m as void chief justice I 1 zane dissented from that ruling the I 1 case u was again agun presented V when bell t there it was a change in hie 0 personnel of thi lie e court under tho the and with vi ith the result elated stated in the follow following ing decision ji in the supreme durf of territory june teim 1887 7 th tho 0 people of tho the territory of utah I 1 appellant is s william Dont Doti fla law respondent opinion by zane C J I 1 brov cution was instituted before bc foron a justice of the peace of ogden precinct Pre cint in fit weber county tho tile corn com plain int charged the defendant with I 1 the crime of battery the tile defendant to the complaint cimpl aint for the tile I 1 rea reason oil tit tint it a jui tice of the peace a biad I 1 n no jurim jurisdiction dIction to try it 11 perron person char charged gred w m ith th the of battery the demurrer was overruled the defendant WAS tried found guilty and sentenced to pay it fine of twenty five dollars in debault of such payment to be w I 1 prisoner at the rate v vf one day to each I 1 dol dolar A ar of the fine from that judgment lie tile defendant appealed to the fint district court wherein lie the demurrer toi to ahe ho complaint was sustained and judgment rendered accordingly cordingly jc chii app appael sil ii from tho the utter litter duj judgment I 1 lie preen prevented ted for our burcon con and decision is have justices of the peace a in this Tern Teni tory authority to try a p parson accused of the crime of battern bAtt battery erv that offen eflene may bo be punished in thil this territory by a fine me in any suin not exceeding three hundred dollars or by imprisonment for any tune time not exceeding bix six months month or by both the tile statutes of the tile T territory errit ory declare hut that justices justice of the tho peace shall have jurisdiction of petit larceny l wany of argault ns and bate battery not charged cli Arged to have been comal upon a public officer in the discharge of ilia hi duty of breaches of the pence peace committing a wilful vt injury to property and anti all misdemeanors punishable i by ly a fine leas less thin titan three hundred I 1 dollar dollars or imprisonment in the county jail or city prison primon not exceeding six B IX months or by both fuch fine and imprisonment trip rigon ment jurisdiction ie is given t in in ex express press terrus to justices of the peace to try battery cases dut but the I 1 dc defendant fe jdant denies donies the tile power ot of the I 1 I 1 territorial lugii latare to confer euch such I 1 jurisdiction jur jurim diction on oil justies jus tims courts cour tri the authority to a such a law I 1 it if possessed by the territorial lagitila ture is given by tho the folio following ing provisions of ho the organic act and in the nets amendatory hereof thereof sect section on four of the organic ait act provides that I 1 hie jurisdiction of the several courts court s herein provided for both ap appellate e and original and that of lie tile probate tte il courts and justices of lie the peace shall I 1 be limited by law that licen of the peace shall not have tt jus jurisdiction aris diction of adv ny matter in controversy t iro tro verey versy where tho the title or boundaries es of land may bo be in dispute or vt when hen r the debt or ram nm clain claimed iod elece I 1 I 1 cue one hundred dollars I 1 compiled laws of utah 1870 1876 p 31 I 1 11 lection hrco three of a subsequent act of congress extends the civil jurisdiction of theno them courte courts to all cases in fit which the debt or benm claimed clai ined shall bo be lees less thin than th in three hundred undred li dollfe dol lre and gives L the right of appeal from all judgments of oathee t lle ae courts 1 I bid p 54 the foregoing provisions limit the jurisdiction of of lie the peace toca to ei iii lit chich lie tile debt or um tum i t claimed i ii it t le less w tha than throe three hundred dollars doll irn and 11 exclude caws involving the tile titio title or boundary efland of land these ii in icat ions do not apply to criminal cases section 18 revised llo statutes of if the united states de delaree lArom that the tile jurisdiction of mhd justices jurt JuPt icee ices of tile peace as aall 11 its the tile jurisdiction uril mitlon of other courts coi irti referred t to 0 shall lie be as limited by law aaa this ie is equivalent ton to a declaration that justices of the have jurisdiction to try a all caubeti of action that inight arise k within tho the limiti fixed by uw law it e ex X 0 lends their authority to fuch limits I 1 vy ily lie the above provision congress irn tin 11 the tile duty tho the law 11 v makin making 9 power 0 er of passing a limiting the ill 0 jurisdiction luris diction of of tile peace and inasmuch aa as congress Cong roea hadnot has not enacted en k 4 such law 1111 the igat lao im tet ewt I 1 1 I 1 kaw F 1 3 1 I 1 1 I 1 hare kave an been to im tho the du autv t yon on the law huking bv body for AW which I 1 ell it anale lo 10 provision in ia fact ya on ri tit til of tho tile organic act inthe in the folle following aing tern term the legislative legislA lei cativo tIvo power of faid territory terri territory tor y aha stull 11 extend to all rightful babow ts c of df legislation con intent with the ton con ution of tho tile united states and tin tile provisions j roM of 0 tim this ait but no law pila eliell 1 1 be passed interfering with aith tho primary r y despol of thestil the soil no iiii hall shall bo be imposed upon tile property of the united S states ates nor shall the lauds lands or other property 1 rope of non residents be taxed higher it gher than t I 1 ian the lands ar other property ty of residents reel lent all tho the laws p jedby by tho the assembly and go governor verner P it liall 11 I 1 be to the congress of the united states and if disapproved shall bo be null and of no effect mea 11 the territorial act in question has not been disapproved by congress the langham of the section quoted I 1 ie a the legislative power of eaid paid territory shall exten I 1 power to 0 all ull rightful subjects of legislation consistent consia tent with the constitution of the L lilted states and tha tho visions of this mt tile territorial erid liro enactment in in question que tion ap pears to be bo consistent e 0 wit the tile con aars ti ution n an and 1 I 1 the tile la aws 8 of coll confess the jurisdiction of justices courts to try cadem is a rightful subject of leia legis catl ion because it is always ada lays conferred b by y I 1 legislation e violation gio lation at common law a j justice uti c e of f the tile peace had noli ower to try adv offenses whatever Ahat ever he lie wai no lie more than an examining magistrate to inquire into offenses with mith a to holding parties for ml trial on fit in elsewhere if cause v wits m shown n to commit tile accused but the power of trying and convict ing petty offenders ii 11 entirely statutory tor and must bo be conducted aa as the law prescribes sirah ways a cabo a 41 mich SOO 00 to lie tile name same effect I 1 14 tho the cao a of martin vs s rules 30 anier artier ican deacons decisions the jurisdiction of justices of the e As been exten extended dod latterly 1 I rt both x t 1 1 i in it L aglan d and in it the 0 united states in the various states ot thin this country the jurisdiction both civil an and d crimin criminal al differs and lie has beeri beed cham haired red as to its extent in some of the states increasing In creasm intelligence has lias expanded the capacities of nien men and advancing enter enterprise prisa lias has wizened the tile celd field of their duties dutie sand and accordingly the re respective active plates states have extended exten led the 1 ge rs of their in in obedi ence to the conceived demon li of the public good 1 hero there is is no uniform limit to their common to tile states in a number of the states and territories the tile jurisdiction of justices us of lie pc avace ice at tile present time extend to six month months imprisonment and a fine tine ringing ranging from one hundred to f five ive hundred dollars doll ire in tile limitation is is not to exceed eix six months imprisonment or a fine 0 of five dundr hundred d dollars dol ljra or both in NL ie e vadi vada justices justi cpa may imprison for six months or impose a fine of bf file five hun dred dollars dollar or both in other elates and in in the territories tho the jaris jurisdiction diction of justices courter tir varies anes in lit construing conf truing tho the provisions eione of tile organic act under consideration the supreme court of the tho united states said sa act when hen congress lias has diw proceed eed ed to org gramie anile a government tor for any of if the territories it has merely 1 muted a general system of court and has committed to tho tile territorial asse u bibly full power subject to fled or implied I 1 conditions 0 of f PUI 1 applying i lying all details of legiel nea cesary a to putt lie oystein into opera a tion even to the tile defining of 0 the jurisdiction I 1 of tho the several fiC teril courts As a general thing subject to tho the beneral se scheme of docil government chalked out by the org organic anic act and ond such opo cul cla I 1 1 provisions 1 V wons ae as are contained cont jine 1 there in i it I 1 locial 10 1 I 1 legislatures have been en trusted elili ilia the enactment emitt ment of the tile en ell lire tire s bt et n of f municipal law subject also a ISO however j 0 w e vor to tile r right of loii coll gret greto o to revise u alter and revoke at its discretion tim lower thus exercised by the territorial leitl are neatly as extensive is as those thoe exer cased by any state legislature horn florn buckla bucL leB vs toombs 18 wall all again in the case of westray cestr ay iy Vs united states id referring to tile same legislative r roer baer tho the same a court bid raid ahe power given to the legislature lecial iture ier is 1 I y brad 11 to the amo same effect are the cases of chai moscho mo vs potts putts 2 montana bray bravic vs united baates I 1 now eis ilesi co 1 territory vs j valdez id and clinton et al vs Erig lebrecht 13 Wull ace counsel u for the defendant relies on ferns ferris vs a bliley ll iley 20 hallabe in lit that ciso an al act alt t of tho the legislature 0 of athe lie territory of utah conferring gen eral jurisdiction on probate ito courts wael was beld icid to be ile inconsistent mit lit lie organic law of tho the territory it was held not to be the intention of con krees gress by the organic act to convert tile probate court into a court in v u aich all causes whether th ether civil or criminal m whether bet her of common taw or c chancery cognizance com zanco ghether involving life libert or should I 1 be tried and Lerin determined ined alio lie court held homeier ho vever mever that tho the power to defene the jurisdiction of lie file territorial courts ill glit be included anlu led u athin tile menning meaning of the phrase rightful subject of legislation and hat that tile territorial act in question ii ill thit that th it CASO case v wits u not incon L mith tile constitution of the united states but that it was incon si tent hie organic act itself in considering that act lie tile court pointed out tile provisions with mith which hie tile territorial act was inconsistent among them vere mere I 1 the lie fillou following ing tile act declared that the supreme and an 1 district courts respectively should mosseye 8 chance ryas as viell as common r liw aw jurisdiction jurie j rh i diction while tho the probate 1 I s were left anth A ith such powers as their title Indica indicator tei that their name described deen bed their functions that they CM cra such h as had been unite united 1 under tinder the tile name and lud had been exercised by hose those courts in in england I 1 angl ind and in thil auntry they were mere mich such as ithial it had been bee n necessary for thuu them to us ww in the SO tt lement of the estates of deceased dec cased ted persona 4 the estates 11 of infants and of unsound mind und and in adjudications as to dower lower and anti the appointment of 0 guardians guardiana gu ardiAna and nd conserva tore tors file organic act provided provi lel that the judges of district birts 0 should be appointed by tho the president by and an I 1 with ith the advice and consent of the senate while tho tile election or appoint of probate ito judged budts was le appointment to be provided R for by lie terrison Ter errit riton orial il legisla ture the co urt said Looking Ijo oking hen then to the purpose of tho tile organic act to establish it general gen ertil of government gavern and its obvious burm 0 to 0 pay say m aliat hat courts shall exist in the tern terra tory anil and how tile judicial po power or elfull hp bp distributed among them and es to tho the fact blut all ordinary aud and necessary a jurisdiction is provided for in the supreme and district courts and that of justices of the peace and that tile of the probate ito court la 6 it left t to rent rest in tho the e n e ra I 1 lu na ture and character clur of su cal courts c our 1 they are recognized recognized in fit our oystein stem of jurisprudence no is it not a fair itI ference that it was 1 net I t iti intended hut that that 11 court should 1 be made one of if general ju jurisdiction is diction and aln finally |