The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1859-10-01
TIT MlUNYAIIEEl.
GREAT SALT JAKE cry,
szTURD1E. 0cTOBER !. 1859.
THE ADMINISTRATIONS on JUS
TTCE I'M UTAH.

were led 10 inquire, in our own minds,
Why ii was that parties, named and
ranked as old offenders, were not SUM
marily brought 70 justice.
We have said, and said so il earnest
that We do not wish To make an issue on
quarfelsome terms with anybody. But.
here We arc obliged 10 query An old
established system appears To have
given the world an idea that d Probate
Court means only an establishment
wherein i grey haired old gentleman,
illustrious for Ills charities, has ia op4
portunity Of telling widows andorphans
what to do for themselves, Of for ono
another, and how 10 sauander or save
their means.
In organizing the judiciary Of our
Territory, tho Congress of the United
States wisely and prudently vested Ii
the Probate Courts Jurisdiction, at
least, concurrent with the Courts b tile
United States III Territorial matters, Or
81 least permitted Tic Legislature Is
do Sd. Some of The Courts hayc con-
tended that the old established system
should prevail; that the jurisdiction Of.
q Probate Court should Be confined TO-
divorces, wills, estates of decedents
&c. We believe ii no such sentiments.
however learnodIy expressed There
/ il the organic act in plain terms. What
does itsay? That the Judicial power
Of said erritory shall be vested IN q
Supreme Court, District Courts, and i'd
Justices of tie Peace. And again
that she Jurisdiction 81 the several
Courts, herein provided For, both ap-I
pelate md Original, and that of the.
Probate Courts, shall Be IS limited by#
Inv. The Jurisdiction of justices of.
the Peace IN tie Same net ii plainly
marked out, and VI power taken away
from the Territorial Legislature Is ex-
tend ii. no such limits are marked
for either Of the other Courts. That
was Enthusiastically left as tile business
of our home Legislature.
Now suppose that the power, herein
vested, had been exercised IN another
manner. Suppose that Criminal jjuris-
diction had been entirely withheld under
the Territorial laws, from tho q. S.
Courts. This the Territorial Lcgisla.
ture Ind 4 right, assurodly, to do.
What then Monld have been the style
and purport Of bcneh-declamations?
Woui the judges, in that case, as in.
the other, have transformed themselves
into law-makers?
The language Of the Organic Act is.
simple and easy to be understood. The
language OF our own statutes, con-
forlpatory thereto, is equally 80. Con.
gress gave the power and the legisIa-
ture OF Utah used it wisely, prudently,
fairly and with q conscientious view to
the administration Of justice.
The question may here be asked; to
what extent has the judiciary power to
control the Legislature? Has ii power
% pronounce q law null and void on
the grounds Of inconsistency, useless,
moss, or as being contrary to ancient
usage2 Or is il not limited to cues
tons Of constitutionality, and tho in
terferencc Of less with greater
power? In other words, should Con-
gress pass an act, that was clearly
contrary to the provisions of tho Con-
stitntiOn, tho proper Judiciary would
have q right, when the question came
judicially before it, to interpose IN
favor Of the Constitution. So again,
should a Territorial Legislature pass
an Act that was clearly contrary to the
provisions Of the Constitution and laws
Of the United States, the Judiciary
would have q right, not to drag the
question up, but when properly before
i, tointerpose in favor Of the superior
authority. ,s.5..s
Thus far have they right 10 go
and no further. Il is not their prov
ince 70 decide upon questions Of public
policy; nor glance gloomily around the