The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1871-03-30
IDAHO CITY, THURSDAY, MARCH 80, 1871. !

several times and places of holding the several Courts
in their respective DISTRICTS and limit the duration OF
the terms thereof: provided. that the said Courts
shall not be held at more than three places In any
one Territory" t8. xa aJ8a#4
The act of June IA. 1858 seems to have been mod
ifcaton amendment of that OF 1866, and provides
that the Judges of the Supreme Court of each Ter
rtory of the United States hereby authorized to
hold Court within their respective districts, in the
counties Wherein by the laws OF said Territories,
Courts have been may be established for the pur
pose of hearing determining all matters and causes
except those in which the United States is a party:
prorded that the expenses thereof shall be paid by
the Territories, counties In which said Courts may
be held and the United States shall. in case, be
ehargeable herewith"
The act of March 2, 1867. amendatory of.the 18th
section OF the Organic Act OF Idaho. provides, that
the Judges of the Supreme Court of said Territory.
or majority OF them, shall. when assembled at the
seat of government of said Territory define the ju-
dcial districts Of said Territory and assign the Judg
es who may be appointed for said Territory to the
several districts, and shall also fix the times and
places for holding Court in the several counties or
subdivisions in each of said judicial districts and al
ter the times and places of holding the Courts to
them shall seem proper and convenient
From all three OF these acts We are TO conclude:
lst, That in all causes where the United States is
party trials be had In but place in each dis
trct ID, That in all causes where the Territory is
party trials can be had in such counties subdi-
visions in each Judicial District as shall proper
and convenient to Judges; and Sd, That the United
States is In chargeable with the trial Of any
cause where the United States is not party.
1t certainly cannot, with reason. be contended that
the crimes of arson. burglary rape. robbery MUIR
der violations Of the laws of the United States.
in this Territory. any more than they would be in
the State of California The Legislature has provided
for the of the trial OF all such offences and
the mode and extent of the punishment in all such
and II it be- the right Of the relaor TO appear
the public prosecutor in all where there is
crime committed against the laws Of the Territory it
is his duty TO appear; and, If il is his duty 1t is
his right to be paid.
Congress has said that 1.-The United States shall in
case be chargeable with such expenses, and has,
by act of July l6 1870. relating TO Idaho enacted
THAT all acts and parts of heretofore passed by
the Legislative Assembly OF said Territory that pro-
vide for the payment Of salaries extra compensa-
ton out Of the Territorial treasury. TO officers hold
ing commissions by Federal appointment, in said
Territory, hereby disapproved OF and annulled;
and the Legislative Assembly hereby prohibited
from making any appropriation from the treasury Of
said Territory Is ans such officers persons, under
any prctenee OF adding or increasing their com.
pensation as fixed by the United States" From
which must understand that the General Govern
ment intends TO conne the reator 10 such fees and
salary as are provided for him by the acts Of Con-
gress. Again: by act Of Congress of March 5. 1906,
IL provided that "the superior courts OF the
eral Territories of the United States in which dis
irict ceur has not been established by law shall in
all in which the United States are concerned
have and exercise. within their respective Terrific
rics the same jurisdiction and powers which by
law given 10, or may be exercised bv the District
Court Of Kentucky district: and by Of Congress
Of April Is. ls06. IL was enacted, 1.-THE provisions OF
the act entitled An act for providing compensation
for marshas. clerks attorneys jurors and witnesses.
IN the courts of the United States, &c, &c, passed
Feb 2s. l7g9 be and the is hereby extended TO
the Territories OF the United States far the said
act may relate TO the provisions of the act entitled
An act 20 extend jurisdiction in certain the
Territorial courts, passed March g. 1875"
From the last act quoted we 10 understand that
when the United States district attorneys for the Ter
ri,ories the discharge OF their duties in aid
fha uha oh hf..
slness as was conferred upon them by the act Of
March 3, ls05-ihat is were engaged In trying cases
in which the United States were concerned-then, as
TO compensation the act of Feb. 2s 1899.
troll These acts, so far the question of compensa-
ton is involved. still in force; except that the fee
bill act has, from time TO time been changed. amend
cd or modified but in no instance has its application
to the district attorneys for the Territories been
changed aud tho fee bill of Feb 20 1885, was SO
amended by the act Of March q 1855. to apply to
the then existing Territories Of Minnesota, Utah and
New Mexico fully in all particulars is If the word
Territories had been used after the word States.
and Lad read 'n the several States and in the Ter.
ritories Of the United States.
To assume any other position than the one ipe
think correct would be 10 require the relator to per-
form duties for which Congress has said that the
General Government will neither pay him nor al.
low tho Territory TO pay him. and we doubt IL the
relator would desire that such duty should be
imposed upon him without compensation. even II
the Government should be so unjust and unrcasona-
bic as tn require it.
While we do not doubt the power OF Congress to do
as ii will with Territorial Government, TO the
deing away with it entirely, the line between the
United States and Territorial authority is plain to
us. under existing laws of the General Government
as Is the line between Federal and State authority
While very little authority has been extended TO the
Territories, in comparison with that 10 which the
States entitled far such authority has been
extended. IL be exercised freely and fully az
State authority; both being subject to Constitutional
restrictions and checks vested in that supreme pow
er. the General Government of the United States,
either shall have gone beyond its authority
Judgment of the court below reversed with costs
to the appellants.
wHTTSON, Justice.
EoGGLE G. j., Concurring.
LEWIS, j., Dissenting.