New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-11-25
THE LAWS OF UTAH.
RECENT DECISIONS OF TIE U. s. Courts
THEIR PROBABLE EFFECT-THE COURSE OF
GOV. sHAFFER.

questions OF the constitution nature, jurisdiction, and
OF the Courts OF the Territory have been before
ChiefJustico Mexican during late term OF h Conrt
which convened Sept IS and adjourned a day OF two
since 20 the Path January next In obedience TO re're
Issued to him order OF Mr. Justice Strickland the
T. s. Marshal the Territory summoned Grand Jurors
Tor the When they answered 10 their names coun
sci for certain persons charged with ocnses against the
laws OF the Territory, challenged them the ground
that they not drawn, selected and served as the
laws OF the Territory prescribe and not summoned
by any officer OF the Territory authorized by law. IL
was held that there Is but sovereignty In Utah. and
that's the sovereignty of the United States that the
Supreme and District Courts Of the Territory are Courts
| OF the United States with common law and chaneery
jurisdiction added that the United States Marshal for
the Territory il the officer provided by law to execute
the process Of the Court that among his duties Is the
summoning Jurors under direction Of the Court
corling to the weknown acts Of Congress applicable
that whatever Territorial laws officers may assume to
eontavene this order of things necessarily be set
aside.
| So the challenge WAS over-rued This grand jury,
however, far az Is known, was a. harmless the
grand juries heretofore summoned by the Mormons 1t
Is understood that it found bin against Robert T. Bur
ton for killing three persons in 1922 and that indicted
the notorious Bill Hickman for calling to his door
one evening and killing him while the said jury was in
session. but It indicted for polygamy, nor, be
yOnd what ! have mentioned, for murder. IL found
time however TO present for libel the editors Of the Salt
Lake Herald for questioning the moral character of one
OF the Associate Justices proceeding uncaed for as
| IL was trihing under the circumstances.
In an action brought 20 the possession OF GER
tain silver mining caim the Judge at Chambers, under
the Territorial Code, without requiring previous notice
TO he given 10 the defendants had granted injunction
restraining them from working the said mine while the
suit should be pending As served the de-
PENDANTS moved that it be set aside the ground that
this was strictly United States Court whose equity
practice regulated by itself and by Rules OF the
Supreme Court and affected by Territorial egs
laton that by the established rules of practice In such
courts and cases. Injunction could not be granted
without notice consequently this issued with
out authority Of law, The plaintiffs cOutented that the
laws OF Congress and the Rules OF Supreme Court
quiring notice the defendants before injunction is
Issued. applied 70 this Court and the Judge thereof only
when sitting acting In in which the United
states n party; and that, therefore, this
| Injunction was properly issued under the Ter
ritorial Code. II held, that the dis
tinctlon between the Federal and5s:ate Jurisdictions
under the Constitution of the United States has foun
daton In Territorial eoyernments, and, consequently
does exist that there is hut system OF laws ~
government operating within Their INIT matt OF f1
those belonging State Jurisdiction incorporated into
ard made part aud parcel Of the system Federal
OF action being subject 70 the same tribunals as
others aud 10 the remedies that the rules and laws
States within the States apply also within the Territories
, that the Supreme Court OF the United rtatcs
ity 60 regulate tie whole practice Of the District and Cir
cult Courts Of the United States that Rule - OF the
Supreme Court Rules provides that especial nimct0ns
shall be grantable only upon due notice to The other
party by the Court in term or by Judge thereof IN va
cation after hearing which may be pdTte, II the adj
verse party does not appear" that the act Of March
l93 orbids the granting OF an Injunction In any case
attorney OF the time and place OF moving for the
same therefore, the iunc ton issued herein without
u the face OF such rulings this, the OF Terrific
rial lie gisatdre is difficult to determine. IL was made IN
|
by the courts opposition 70 the bar although the Con-
tf0llor 81 the Treasury refused to pay me expenses OF
the business in this wise, until about four eSs ago
two OF TIE Colorado lawyers were appointed to inc
nature Of things giving the Territories practically the
munisa poGer az the statIs n sG aova
the reference the blending of Federal and State us
Court Of the United STATES may be technically correct
IN pt e sfS Tho are eneG to be heard on this
! subject who might even teach the supreme Judges
prncisey what we need in Utah. provided it viii abide
tho test Of trial But in conendng with Morinousn 1t
peculiarly important that We advance so as not TO nave
A third case was that Of sandbere q swede; and
Hershey, .ishman, who applied to be natura'zcd
when sEod whether not they believed the act Of Con
sadDiRT am WcTod G that I he cgared in
cordance with the laws OF Cod and, " the laws OF the
God rather than those OF man. Horsley refused TO
answer saying it his business aud not the Courts
!, %ot and HCriy failed to satisfy the CoGr that he
is man Of good moral clsraGer' atGensa 10 d d
Wen disposed to the good order of the same, their APP
piatios FOR zaton must be rejected The Court
There are some things Of which Courts are hound to
take judicial notice. a. this Court takes notice OF the
fact that in session in Salt Lake city IN the Terri
tory Utah. and that here there are many men VINO de-
family trampe upon The Act OF Congress against poga-
nv and call their conduct berty-who preach and prae-
tee the beiHors crime OF bguny ana call ~ reigi0n'
aliens int this Court and ask for the hien priv
a ge What 10 they believe 10 he the rights
duties OF AN American euLeni beorG aney t th
they understand its meaning and recognize its sol
enn obligations. Let the Court be sati.nrd Whether
they beeve supreme law Of the land TO he the Con
ston the laws o Congress, and the treaties OF the
United states whether they believe II to be the reNe-
Istions OF some poygamic prophet. Let the Court be
satisfied what pretended laws OF God they mean 10
oIev and what positive laws Of man they mean to defy.
I'm iii country a may adopt any religion that lie
phases or reject all religions II he peases But no man
and mo- alien should he made citizen who will not prom
Use obey tho laws Let NATIVES ana aehs G
| crime is not religion" ,.,
There was fourth case, Of quo rdrTdnto brought by
I,itcd states orney Hampstead aainst The Terftorl
nj Att0rrey General" complaining that defendant had un
lawfully usurped some OF his functions &C. TO the extent
~ urnsecutn In this Court all offenders against the laws
of the Territory The defendant alleged that ne ga 50
~ ir.e OF having been duly elected Attorney General
oi the Territory" by the Legislative Assembly under
statute same Sc &c IL vas he,d that the o1udt
mao @ he Information Was ri ghy brought In the
1ftbe United and not in that OF the IItOIy;
General" into this Court FOR the purpose OF attending
~ all business IN which tie Territory wa party, be-
t"rtIon between the national and local duties Of its OIL
Ger. I'm the Territories and because me 40 doing would
h am net inconsistent with the act organizing tie Terri
tory 4, ,,.. ,,t...t,, corr, Asso,i., o. Irsfioa
| uavi,y urrsidng @ittiI. at Bcayci 20J niles hOuth
tucbed The jurisdiction oi the Probate Courts Tue Or
gsuic act their powers alaI be rs hlhed D d",
- tbe question j., what law The M"rnOus Say Terri
toriaI law judge says National aT-the organic act
II Is expected from numerous indleationsthese cues
,nr having before the District Courts III one shape
r nther or long time and all hingrg moro or less on
och oher-tat these decisions VIII he sustained ny me