The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1870-11-10

Attornavs or ANYBODY else, had heretofore dis
covered that D Territorial Legislature had n
mower to create local Office and provide Tn
manner of filling it. 1t remains for Q Judg
! in Mormondom, in order to successfully prose
cute polygalny, to inaugurate this new theory
and an Idaho Judge, upon the doctrine OF VIVA
he considers stare decisis, and probably upoi
tba further assumption that Idaho Democracy
should be as roughly handled as polygamy II
Utah, not only follows in the wake OF TIT
Utah Judge but in some respects goes iar1her
The Chief Justice in Utah conceived Tue
bright idea of ousting, not District Attorney
Int a Territorial Attorney who was elected Dy
the people. If the Organic Act OF that Ter
ritory is similar to the Organic Act OF Idaho
nil Territorial officers are to be nominated. and
bv and with the advice and consent OF the
Legislative Council, appointed by the Governor
and therefore the office is not an elective one
and can legally be filled in no other manner
than us provided by the Organic Act SO that
the two cases are not parallel, and the Utah
decision, even if good law, Is inapplicable to
the State of affairs in Idaho.
Our contemporary says that the case may be
appealed to the Supreme Court; but that after
reading the decision of Judge Lewis there
can be no doubt in the mind of any lawyer us
to how it would be decided there" We be-
lieve that our neighbor has been admitted to
the bar, and we have no right to doubt his
knowledge of the law. He may be an eminent
iurist for all we know, and may yet startle
the professional world with valuable additions
to law literature in the nature of Reynolds
Commentaries on the Constitution" or = Llmi-
tation of Powers of Democratic Legislatures.
His definition of the powers and authority OF
Territorial Legislatures has already received
the sanction of one of the Judges, and the po-
ltical Examinations of the Statesman against
Democratic Legislation generally in Idaho may
receive still further endorsement in the same
quarter, judging from the nature and general
complexion of the decision recently rendered.
There may be doubt in the minds of lawyers
as to how it tcould be decided in the Supreme
Court, but there is no doubt in the minds of
any lawyer as to how it should be decided
Congress has already refused to sanction the
position assumed by Judge Lewis.
During the war it was stigmatized Us po-
itlcal hcresy in California and many of the
loyal" States TO permit Democratic lawyer
to earn his bread by following lesitimately the
practice of his profession. When the heat of
the conflict was over, and reason had once
more resumed her sway, the United States Su-
Dreme Court upset all such Radical legislation
~ reversing the decision of partisan Judges
unfolding such barbarous and iniqutons legis-
alton. An attempt is now being made To in
lugurate n new era of prescription by en-
eavoring to prevent the people OF Territory
rom exercising, through their Legislature,
hose rights conceded them BY Congress
We do not hesitate to say that the leading
,embers of the bar in Idaho not only doubt
he correctness of Judge Lewis decision, but f.
tterly repudiatc it. We do not believe it will !
e sustained by the Supreme Court. and If the |
lse is properly presented before that tribunal,
vested of all partisauship, we believe that. i
ter fuller investigation of the case in all its |
earrings, Judge Lewis himself will have reason Y
reconsider and reverse decision which has
zen so nconsiderately rendered !;