The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1860-11-17

Rochester {N. w Untotr. Il
GOVERNORS MESSAGE
i s.,g5,s 10 THE. j.. t.t. til +, n.
LEGISLATIVE j. ASSEMBLY. OF
Il. !, h UTAH. - -. .:,. '' !,
,}ss .tzsihi IxEcuryR 0Fyler, s.. @s1-
siis'- a Great Salt Lake City g
slliss a6lisis 18th November, 1860. J
To Tie Council aud House Of Repre- !. s.,g
seatdtires of the legislature ef UfaA.
+GESTLElIRN: @.:.-y,.:.,,. =. = =. =. !.
4 The Judges bf the Supreme Court Of
this Territory, having advised me recently
that their predecessors had exceeded tht
limits. of their, authority in attempting IL
fix the times aud places'of holding court,
for the trialt Of territorial cases in tileii
respective districts, and that therefor,
their action in the case was virtnalIy null
II took the matter into consideration, anit
decided that the public interest dcmandet
that there should be no farther delay ii
holding sessions Of the several district
courts; that no doubts onght to exist ID
relation to the proper times and places o
holding thcul; aud that the duty Of ere
ating OF lpedi Sing sho diktTicrs for III
Judges, assigning them 20 their respectiy
districts, and providing the funds neces
sary for holding such courts. devoIyei
| properly upon the Legislative Assembly.
| / therefore summoned yon by )roclh
| nation, dated 20tl October, 1850, 10 con
tvene at the Social Hail III this city, d
this twelfth day of November 1860. 2
!, ! recommend that you at once repea
the resolution approved 10th January
Els55, which Fixes the time at which lii
Legislature shonld convene its anuua
sessions, and that you take such legjsIa
tive action, as will cause this extra q
called session 10 rcstlon the same basis ii
an anHnal one Prompt attention To thi
matter I5deem very important. as.s 1i
The Chief Justice and his associate,
will enter upon the duties Of their rsspeo
tive Offices so soon as you have made tn
necessary arrangements l. believe tina
the professionalism personal reputatisI
tof these gentlemen entities Them TO th,
respect aud confidence Of the community
and will dispelthe dstrust eagendered b
the action Of their predecessors Il.
F.. During the recess of the Legislature
Mr.. john: Kay, the former Marshal fo
Utah, left the Territory on visit to Eug
land, his absence occasioniug q vacancy il
that Office, filed it by appointing Mr.
| Mexican. Fl r.,.,s -. =, H..
/ would here take occasion to remark
that tits very desirable that the TerritO
rial Marshal should in, every way be quail
flied for the performance Of the duties q
his Office, as upon him will deydlye Tia,
business Of all Territorial cases, to the OK
elnsion, Of tue y. S, Marshal, whose dutis
are restricted to u. s. cases. NJ. .9.r..-. -,
Ii issOf the highest Importance TO dis
pose Of the yexed question with regard t,
the respective powers OF tie u, S. am
Probate Courts. Tie u. S. Judges ar,
supposed TO entertain Opiniops adverse t,
the exercise OF certain powers Of the Pro
bate Court, claimed, By the latter, u6slet
| goth section, 1st chapter, Of an act passct
E,6y the Legislative Assembly in relation /,
| the Judiciary, approved july, 1852, as 10,
lows: "eTheseveral Probate Courts, IN thei
respective counties have power 10 cxercis,
original Jurisdiction, both civil and erin
final, and as well ii chaneerg as at comnloI
law, where not prohibited: by Legislative
enactment; aud they shall be governed il
all respects by the same general rules am
regulations as regards practice as the Dis
trict Courts In this action the Iegisla
ture relied upon chapter 81, section Q
Organic Act, as follows: "'fhe iarisdic
ton Of the several courts herein provided
for. both appellate and original, and thai
OF the Probate Courts and Of Justices o
the Peace, shall be as limited by law :
No case has come up for the decision o
this question, upon its own merits. There
should be no further delay in securing at
opinion which would be final.
81 have urged this subject upon the at
tention Of the Secretary Of State; and
in his reply have been assured that the
subject had been submitted TO the, Attor
uey General on the second day of May
1860; since which lime / have not re,
eeiyed any further communication on that
subject from his Office. En . .,..:
30 long as this coHliet as to the res,
pectiVe powers Of the courts continues
the mandates Of the higher courts should
be implicitly obeyed. w.,
The population Of the western portion