The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-02-02

tnanded tosNainoh tie said deienaalltsf3
to bs and sfpeer hcfofe Cue sliiE district
rcart, within fen dass pEeer tAs return
day tbcft q, mid ffiiiBg So to 10, judi
'nlent sUpla lis taken by Sffaalts THIS
.hotiee was not III colIdiaiiee with tliei
Statute. The Legislature eah prcscglbe.
tae manner id Wkiclt d Iiiity shall be'
brought intacDEil, aid the Rietifod fsoiiitss
IA Oh BY tiss, thnsf Be Substantially fol!
ioa.ed. Noitter true or place are lBeIi..
.tiontd. and both are essential under tile
ftiltato to ctiietitalte II lcrat itoiitc Is g5e
defendant iIeH iiays ftgr tie return,
~ too vague and indefinite; and IA rtaltYi
cgnigalept 10 Iea Wing lie tlale hlatis; i6F
how IS tic ilsfeadgnt % LON i aca tie.
oiiicgr nlaSEs Ills Fetilrus sftgiiJg he IA
net obliged To: travel Hlsles al, lslsaFcilt
times % aseeftain ,eifscF tlie lslllril las
5esa risile. tThhe Legislature Las very.
wisely presided tlfAt tbs lisae slglI be
lisetl I'll the AoiiCe Iiog tho appearance III
tlle dglcitlIgiit. This Il rqges sgry}in olsasIi
ilogigc hili Qaporflittsiy to prepare Jos.
trial, and To inform Him 81 ftlelifueise tIay
oil Which 20 appear with lis witnesses.
L The place also ii omitted Tllis could
mot ,tje ha0c without atttiFett tidsatiOa5Fei
Tic ltw. Tie statute Fl licrenlptory, ana
tlDngt I'D complied with, III terliSorial
Elegislstiaa, moi III eoaaiet With THO EsOil-
Estitutioii ofthc E4itgI Iatest IN acts u
II Congress, should BE .0basr YId aud uldeyetl
ttbg the polIrts; and tley haSg Bo rigbtin
administering the laws ID disregard or SIT
ffft DC defiance. Il have no hesitation III,
Saying that Tie Court erred hi oY6rrllihg
4 the molten 10 ,lsiuiss the writ Il tie tse..
sfendant had appeared aud pleaded with
tout FIRST interposiDg the motion, the ease
w0ald be entifely ID ileFGtit bat, such was
mot the fact, and Bis motion was well
taken ;.. nj, !.
But Ike great question before Us. aud
the one that bus been argued with ihileli
ability i, whether tie Judge, ulieser Tic
tlcli existing Territorial laws, had ANY
right 10 hold the cpuFta; al. We hstfe
hesitaied naesl before proaopreing de-
eiso.i which strikes al the sery existence
of.the coprs, ard would willingly avoid q
judgment y Inch renders tho decree OF the
court heloY cofais nun iastsfe. But Il IS
The duty 81 this court W declare the law
as tits, Without tleing lniiuenced by sup
posed consequences, however serious Or,
startling ip their character n: :l-
Fortunately the record or The. appeal
NOW nidel considerable the os,ly one
from the "a stgiiet, ii lliall pfopcrly pres
SaAts the question oil the right of Ghe:
jnage. 10 hold tic court iii tie other
cases, no. objection was made 1t the
right tihieJ ard no ptincilae ef Law ]
Il better sHttled, thaIh hat III sail ]
colirts5of igeftral origiliai iiifistilctiolb If
The tlefclidsnt Pleads, he admits che itiissI
dietiof unless the iii; ITSELF shows abel
10 haze fiel'El i,6sl III die.
The oljseiioa to The jurisdiction nlfst te /
iifst st.ssed IN thg court below, or it eau.
Ii0t leatioilsligfuI in this court, apfess, tiles
4aistsdi power 10 hear aud determine Isl ISL
-ifdrly appafeitt upon tie receFll. Cam /
iiikys TEorp, q Greene, s9l5;s.l Nor
20 Sean. 2sil, 2Ia 4 isidg,
inafid ~ o6le5ts 6 q. teea, Is "a.
The bill of@eSeeF tioRs in Ibis case fully
presents thGstE aestioi. II WIS. Objected I
chat the eoaFt lad no Jurisdiction. 10. rcI-i
DIR j.i,lssisioiit /, teeIAse there was, no aus
tllor!t u Of law for holding A. sIjgciai lI4rii
u court and beeal .saitl eeaft Was (8id,i
at Carsoa Gity III place Of (iieEl5a, epBhEty
spat 81 $nid county. tho act approved
,iantiary l9, 1885,, II u. ii 225s8, SIC. 4,;i
4 is provided 1hat upon petitioasoi not
less than one hundred legal ygttq.$s;: md
taxi geFs residing in any judicial district,
Tie judge Of said district shall hold i |
special. session Of court ut The time and |
piagg specified in the petitiosy I,ilEGss. d |
Of Ike nuHlbcr be sep8osabiY |
As tie record digei6ses tEc
fact that the court was one 81 speeiA aes II
sion, and convened at. d place Other ti,an
the, county seat, ii undoubtedly foElalys4
that ii was held aby =girtae of tho anil
thority conferred ,bY. this statute. Tho
legislature, however, at a subsequent ses.{
sion, passed an Hst approved january FL, 4
1853, empowering the. district eourt 10 sic |
at the county seat OF any county within
its district 10 try causes uFising III suth
county whenever tlteee,fourths OF HE eIec-
toEs in said county slutld, ia wiring, TO
that effect, signed by them, petition The /
judge OF the district 70 E0ld q term Of
court in said conuty provided that The
county court Of said county make. proyi-
sion 10 tietray the expenses Of said district
court. Phls act contaInS repeatiag
clause. L. 1869; p, s: sec, IA, Ii
=: Two questions are presented by the as
sighment Of error and .argumeAt:
First. Whether the prior law is .repealed
by the subsequent one, and Second, whe-
ther tile Legislature has tie constitutional
right, under the Qrgauie Act, TO provide!
in this way for holding courts. a
Are these acts in conflict? Both are
igtendpd for the same object, to Wit: To-
provide for holding courts; and If both
cannot 10 sustained, the first law must
fatl. 1t proYftfGs that n special ter,l Of
conrt may DC held at the time and place
ii5 the petition 81 one: hundred
legal voters aud Taxpayers Qf the district.
The other aet, that the court shall,be held
Ut the county seal OF tie county, UPON
The petition of thfee.FoufthS OF tkcllcG-
tors Of the county. Que law autAoEixes
the petitioners 70 Gx the plaee, tAG-otteri
regHirrs the court TO. be held at q place
IN the, laws One requires but
one hallafrd petitioners Of the district,
tue other tbESe-iaurks Of the citizens
Of the county Ope law makes NO proyii-
sion f9r paying The expenses Of loLl-
ing FDIfTt ting lytlinF pkIIifres the f5ilHtv