The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1859-10-01

lult9 may upNAuN AANAAA tuO, HFvtGNMhAtSs9I
Il Tie legislative department. Such
n assumption 81 power on their part
vouId place the least 81 the three great
Departments Of government superior
3 an.
in defense of the necess ity of III
permanent Judiciary, that IL, VI the IN.
stitution Or department itself beng a
permanent one, an eminent jufist says:
'sThe object Of the constitution WIS To-
establish three great departments of
government; the Legislative, tic exeeu-.
tive and the Judicial department The
FIRST was 70 pass laws, the second To-
approve and execute them, md the
thirdto exponnd md enforce them. 4.
In Utah, FOR tho first time that we Ie-
member, hive We heard 81 any greater
assumption 81 power Oh the part 81 the
Judiciary 80 approve or veto il the
province alone of the executive depart
inent. Yet ii Utah, The Judiciary have
assumed not only tile veto right, but
The executive also
Some time Ii February, 1852,
the Civil aud Criminal jurisdictions,
now claimed b the Probate Counts,
WINS vested iii them by our Territorial
Legislature: At the session OIL Com
gress, next subsequent thereto, dc
Code Of Utah Was presented II TIC
House of Representatives and submit
ted to- d committee Congress have
reserved % themselves alone tho rirlii
% veto laws in the Territories, after
having once passed and been approgsd
By the Territorial Executive Tho
Jurisdiction 81 lilo Probate Courts,
after having passed The Legislature, and
been approsedin the legal manner, was
finally sanctioned by Congress- And
now, after nearly seven years, some
gentlemen Iawy ers who have picked Up
their law, mos probably, from their
own pIeadings leave home, and annong
Tho lofty peaks 81 Wahsach ASSUME ID
know more than the ccngregatcd iieg-
isiatiye wisdom Dc the nation.
Where are the arguments IN fagorof
their assumptiions2 We arc open 70.
CONVICTION; and if Nc have labarea
under an error, even though II has been
for twenty years. Ne win submit to
far reasoning analaw The only at
tempt 1T an argument on the subject
was once and once only made ii lie
Territory. Il Mas then commanded thattlie
very meaning Of the word was against
the jurisdiction Of the Probate Courts.
What does it moan? Simply, proof
Upon that, IN the organization 81.
Courts for the probate, OF proof Of
wills, was the term first applied to that
species Of Courts. BUT the extent Of
their jurisdiction, whether it Be limited
tosthe proof of wills, or extended to
the proof Of, and Adjudication upon
everything that comes under the super.
vision Of the law, has invariably been
left to. the wisdom and discretion Of
the State aid Territorial legisIa-
t,res respectively. /.
| In Ohio they have given their Probate
Courts jurisdiction dc all crimes ol
misdemeanors, under penitentiary, an6
that has not been questioned; nay, Tic
tjnrisdiction Of those Courts has beer
sustained BY one Of the highest ii.
Edicial tribunals Of the land. And
English words, on even Latin, if pre-,
Eferred, bear the same meaning IN Ohio
as in Utah.
Since the assumption Of this power
70 nallifyby the U. S. Courts, what has
been the consequence Crime has
gone unpunished. Wanderers are per-
mitted to escape, Or remain years IN
jail without trial. Felcns run al
large, and the Judiciary remain idle in
their chambers. .
From the Probate Courts the law
has given the power Of appeal. Why
was not the proper course taken, and
the question tried jadicially, and not il
a pompous, arbitrary mannerp
No, mol The object Of these mer
who have come from afar, has not been
to punish crime; but to play at politics
and make trouble. SoWe thiak.