, 1870-11-12

sIon Of said courts, both appellsie and oTigi-
na], &c., shall be OF limited by laie: |
Provided, that Justices Of the pesce
shall not have jurisdlstton in any
uaatte1 in controversy when the title or boun-
dariea Of land may be in dispute, or when the
the sald Supreme and District Coutts, teapec-
lively, shall poeseAs chanoorJ "a veil Is COM
Mon Law iurisdlcsion- The consruvetsy turns
on the mourning Of tho words italicized above,
the Motmons eonsending tbat they mean tho
mean the law organizing the Te1fitor,N
organic act itself. He held that that act in
vested each Of the courts it provided for with
certain distinct md determinate jurisdiction,
leaving to the eTerntory simply the regulation nof
the appellate powers between the two Inferior
and the two Superior Courts. In declaring that
common law and chancery Jurisdiction waa
inherent in The Probate Couits, Judge Hav-
leg held that the Legislature had made grave
mistake, no such poWets over before having
been recognized Is Inherent In them- either ii
Europe OF the United Statesi and that, in a4-
anming to confer them, il had ovsr stepped
It follows from thia decision, II sustained,
that the proceedings OF ths Probate Courts,
outside Of their legitimate fold, are void, and
the Probate Judges. who have 60 long been
exercising illegal functions, are personally
ishls for damages, .beeauss theF aIe bound to
d1ctiou.
Tie Judge concludes by expressing the hope
that ucne who has been injured bytho exercise
Of these unwasEautea powers on the part Of the
Probate Judges will attempt to aesert his
legal rights II the matter, because he was
convinced Of the honeaty and good Of the
Probate judges as c1ass, and that they had
erred through niaappfehension OF the powers
Of the Legielature-
1t tho time OF rendering this decision the
grand jury Of Judge Hawley'a court was in
What it did haa not t1anspIred, but turning
crimlIa ais 1ooee On tho country" has been
served to Us with onr coffee and tea ever tinee
b the Mormon psess. And wosse: in the case
e h.s hs.ss ssuR eSa heso sf .Rls o Moaon aean
opinion busy themselves with wondering If
the Probate Judge who issued the wkt1auf for
the arrest Of the robbers, the Sheriff, posse,
Ac., aren't Liable for damaged; AZ il thoy
didn't know, and thnugkt their renders didn'ss,
that any citizen can arrest men On reasonable
evidence, ard hold them till examined; that i
Justice Of the Peace msy isaue process for
preliminary trial, and bind prisoners oyax to
! higher court, and, falling Ill this, commu-
nifty may aeize man on the hue and cry. They
seem to have become 80 attached to thelr
Bishop-Jndges that they xon1d rather not
have Justice administered 1t all than have it
done by constitutional judiciary.
stAoE HoBBER1.
About the LIT Of August Last, White i Sails.
stocked up to daily. and it has rapidly picked
up bu1inese With tho mining districts Of the
South. particularly with Hoche or Meadow
Valley. THIS Is much the cheapest, easiest,
ard quickest route thithe1, even from San
francisco, which explains It. Very recently,
ono Of their coaches had been stopped and
robbed about 100 miles sorth, aud
shocked, when day or two afterv.1d,
tbe robbers wsre caught, and proved to b
whom vas host of the Revere House IL shss
city until 4 recent date, and By the display OF
Ill tue qualities that usually make IN efficient
honorable n1zn, won quite universal respect
st. Ledge1 u young, simple fellow, former
tion ! and Heath is : discharged soldier from
the Ninth United States Infantry. They weze
Ill captured ne1t day after the robbery, not
fsr f1un tho eccne ct their exploit,
rnos& Of the booty recovered, and
they brought here, who're they hsye aince been
the driver Of the coach and Soma OF the pas
sengers swearing tothe,r identity, bail refused,
and they committed TO iau 10 etand tIia1, ID
January, 1t Provo. RobbanE the mail, whea
attended BY jeopa5aizi1g The Life Of the mail-
| with ae.th, and 30 ii Is pretty ss1ioos mat
| ter.
BY this mornings seleg1sms, 1t seems the
stage robbers Of the Rocky Mountains are
| paduAtiug IN their profession, hsFing put the
climax on their exploits By battling q stealing
train on the Central Pacific, near Reno, and
| going through Wells, Fargo L Co.'S t.easu1e
boz for $40 600. What NEXT?
THE LATE GOVERNOR.
Ihe bench and baE, and also the Masonic
touching ihe lie and death Of lbs Lite aov.
eznor shatfsr- They are too long fF my let
ter. The DESERT Aetrs lid him aEay ~ il
with new silk gloves, which it waa sffaid OF
atatning> The Herald allowed 4 twtnEe or t~1
Of human feeling; + brought itself 70 Eat:
generous and benevolent almost to = fault, char.
actensucs Wh&ch were ahaFed By his deceased
bat be ~ Tas ever coasteous md peasaas @ = Wien Ts
met him. Hla otoeial course Il hefote the world
for r. a sns1 Re we {, ~ Z sf
ects, hui sne silent tomb burtas III such tIlder
ences; ne caH5 no controversy beyond tnt
The Tribune Ciberal) epeaks right odt,
saying, that 6haHer would be remembered Il
man who, in = great and most difficult c1istf
! Of Utahfs history, p1hyed 4 most importan!
. pAss, and performed it, not only to the tfues
intsrest q = his gove1nc9ant, but to that Of th'
OF the militia matter. the Tribune says:
Eve insist thAt Governor shafIer vas right Il
! the general epr!E and alm Of his action Re VA
e sses q & % ne ss Me1 1s0
drilled ios the support Of the republican govern
.nent Of Ane1tca, whereas, eserj soul In The LE
: and uneoncealed p1zpo.e T. he perperuat,on an
tauer-ory saints as the kinsdom ot God
Il should be known that when .L:e1tenan
: General Wells addressed the letter to tb
: late Governor, asking tbs suspension Of hi
: proclamation. the Legion In The northern 40
! southern c1uemities OF the Territory hs
. . bean and were drilling, in defiance Of the e.i
. proclamation, and, q course, With the Pc,
zn,ssion, direct OF implied, Of Mr.. Walls
!. | Cause enough, 1t would seen1, for the sl1ega
= ill-nAtrss Of his reply. This drilling wss go9n
. / on Ut the dxte OF Ms death, and sincs
J It, Provo, Beaver and other places
. What Governor Vaughan will do abou
:. - It. or whether anything. ret1ains to be seer
= His appointment to Shaf1ers poeition, nsN
= Of which came while the funara1 fites wez
e being observed. astonished eEary 5ody On mos
= accounts than one But We are II hopin
= for tha best. A Mormon band seeenaded BIZ
= whilo yet The dead MAJ Has w2rm, 30 l
murh n tho now Go<e1nor. Ike the old,
the representative Of policy, npk The e1estu1
r Of it. II be should bo won over to the No
mon side. OF which there |. no danger, br ID
wsy,::it would result simply in his being supe
J. soded-
J; smnlT AdAENH1 TIE cTT
Re The jnty empanneiled to try tho cass
+ :bSelbreeht against the city fos the spillir
ot Of his liquors in August last rendered i We
ot dict yesterd2Y for damages. in favor Of Il
II plain1in. amounting to 9,o6a>25, three d1
,e ,e lars for one, according to the etatute. n
& Mems charges that the jury v.s packed, 4,
- thai it found it's verdict against n
q. inetrnehons Of tho Court. The ju
+, vas composed of Geutilea, becsu
u there vas no Mormon who had not aires,
= decided the case against the p1slnti1s, but I.
=, = ju1T found strictly in accordance with t
IA chssge Of the Court I'VE always expectet
), says the He.cs, ''that the .plainti1s would {
i'd dollar for dollar, but not three for one."
o. il not long Eince the Newx held very didett
r. language, ~ fo< instance What follows:
The people who made taIs ely an that Il
4 are s:M ah!s e control II aud taef would b.
~ | deserving the tAtoE Of God and the 1especa
- Necessity require, let such lessons "a this oao
ce .ntnste1ed OF late hY city authority be repeal
de nnul the VIE Eretcbes who would tsar1plt
Iaw and Or DER ano tn1uEuT7te reign o.. dtn
Is Mts and plrnpt. Il am that the -ctsy fovefnM
- knors III ftg,ta,- md k1o"ang. dare ma1n'
Is 9What,s f;ae Gts ii an,ias.ialDg The Is
u, of The ei:y b destroying property that y y
H.. be 1etsozed, dolla1 tar dollar: :Nhtch L1e t!
thr ,l1sy1 expected r And. m pa5efuB, II ~ -
nj cell TO eay that it isnt tho selling o. h4
tho Eses objects -; It il, sass saso'7