The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1859-10-15

yrtai wish 10 notice 4 The jurisdiction Of the
p,ahats Courts of IRE Territory, also the qralt
scatjOns 81 Jurors, and the manner II selecting
"a sunmoning them; The daties.of the q. s.
ni.,,;c, Attorney and Marshal. and very likely
4. jurisdiction d The D. 8. Courts slttinr ID the
T.,ri,ory, but % notice III these III one letter i
pot anticipated, 20 | shall only notice few.
F,rst: The iurisdiction 81 he Probate Courts,
And herein The questions naturally arise,
Was il sxpsdient 70 give them common law
and chaneery jurisdictIon1
Have the Legislative Assembly authority 10
rive these courts common law and chancery
jurfsdicticnf i. ss .3
The jurisdiction Of the Probate Courts Of this
Territoryt and wherein was 4 sxpedient % give
thsm common law and chancery Jurisdiction,
with its effectf
The question Of expediency 8 one appropri.
ateIy submitted to legislative body, not 70 q
court: as the one has power TO prescribe a law.
the other 70 decide what the law IL. The one
discusses the propfiety and fitness 81 the law,
the other administers IL The one may Be sup
posed 10 know what the people need, and the
other applies the law to each case brought be-
fore il. And, when not restrained BY a consti-
tuition, The legislative body may organize what
ever courts they deem expedisnt, and prescribe
their jurisdiction. The courts thus organlzed
must exercise the jurisdiction which thu law.
gives them, and no greater nor less authority.
They are. therefore, subordinate not superior, 10
that branch Of the government which organized
them With this view yon will see that the
question Of expsdiency Is one fit only for the
legislative branch 81 the government; but as II
have seenfeported, remarks of The y. s. Judges
wherein they have assaulted the whole Legislati, 3
Assembly, / am disposed to taken short view Of
this expsdiency. This Territory extends over q
country about four hundred and Fifty miles long
and about three hundred and fifty wide.
In & there are numerous fertile valleys, sepnF-
ated BY high Tangeso f mountains, through which
there generally are passes connecting these xai-
leys, but often these Passes are quite lengthy in
some Instances some twoor three days ride Iii
these valleys there are small streams Of water,
80 that In some instances not more Than two Or
three small settlements can be formed; mothers
enough to sustain quite dense population,
enough for small county. lii all these Justice
must be administered, either by Justices Of The
Pence, Probate Judges, or by the District Courts.
or by all these concurrently, as these are The
courts which the Organic Act presctibss Ii
Justices Of the Peace, then Justice cannot be ad-
In civil cases, only when The sum
claimed, or matter In dispute, does not exceed
one hundred dollars (sse OH sec Organic Acc I
II then the District Courts only be called in
the people, in both civil and criminal eases, are
to be called long distance from home, in some
instances not less than two hundred ard fifty
miles. This long distance jurors, witnesses, and
parties must repair, at an enormous expense 10
or the Territory, some two or three
times each year, to- say nothing Of The difficulty
Of getting trial when courts sit, and the ease
with which criminals may escape, and witnesses
elude the service Of subpoena or attachment.
Again, so deep does the snow fall in these pass.
es, that L 10 often difficult, II mot impossible 10
pass from one valley to another during several
months in the winter
. II under these circumstanees the Probate
Courts have common law, civil, criminal and
chancefy jurisdiction, with the allowance OF
appeals, writs Of error, and bills Of exception,
justice Is brought home 10 each county To every
mans doors u far less expensive, II is without
delay, Il l. expeditions and speedy. II there Be
large amounts involved, or intricate questions 10
be decided. suit at the election Of the plaintiff
may be commenced in the Distriet Court; IL moi,
T. = = II = ---Fs @=
then in the Probate Courts; aud u an error ensue
the case Gao be examined in the District Court,
and the Judgment modified, affirmed, or reversed,
as the law directs. ALL this viii not be so ex-
pensfsF, nor attended with so great delay, as i
will be Il these courts are denied this jurisdiction
There viii not be 50 many failures Of justice.
The Jurors and witnesses, 10 nine cases ii every
ten, will be on hand, and the parties will have a
trial by those with whom they are acquainted,
and IN whose integrity and judgment they con-
hte and the trle spirit Of the constitution viii be
Carried out. -: .=z::%.
AfI1w me to refer to the circnms tances exist.
ing at the time the law was passed, giving the
Probate ConFls this Jurisdiction. II will be 70 !;
that this law was passed the FIRST Seq,
sion Of the Legislative Assembly, about eight
years ago. Two out Of the three q. s. Judges
had left and gone home; one remained. Seeing
this, the Legislative Assembly was almost com.
PEELED 10 provide some means by which Justice
could be done. They did so ~ giving iufisdic-
lion 10 the Probate Court. Since that period
pot more than one half the time have the u. S.
Judges been on hand to do business. III has
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