New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-15
WASHINGTON.

EXPECTED DECISION IN THE UTAH CASE.
LEGALITY OF JUDGE MKEANs fho ' Enp sua
TESTED-ANTICIPATED OPINION OF TIE So
PRFME COURT THE TERRITORIAL JoDoh
NOT SUSTAINED.
lBY TELEGRAPH TO THB TR1BUNEl
WASHINGTON, April 14-The Supreme Cour'
will tomorrow announce its decision In inc
case, in which great share OF pupio ih'eies' w a.,
centered. The following are the mann POM, 80, orn
,ha Hinder the Territorial law OF Utah, Juro orc
selected by what are termed County Ooui' 1o -
sioners and from them the jurors ha'o " - 49, ON
eerve in the Territorial Courts. In tne case "PoH
,,eal NJ which the decision Will be mauo n,.
Judge Mexican held that the daao,in ,,rors
o,aa no riqht 70 prescribe the manner OF seioo'ns
"a, Curt and ne issued ueniTs to the Unteu sthes
rfarsbsl for that district 20 summon jurors Ion
list the Judge himself selected the panel Ono VI .n
artes 70 this suit objected TO having MS case lou "
Sore jurors summoned in that manner Inc exoep'ionS
suere noted and the case comes before the supreme
ourt nv writ OF error bill of exceptions 10 inc ue
xjs,on Of Judge Mexican that subject The Judgment
of the Court will be unanimous, and WILL 1t Is uuei
stood revorse the decision OF the supreme OorV Vi INV
Herrory which is against the position taken ny oue
Mexican The defendants in this case were feta nquo
sellers in Salt Lake City. Mormon ordinance Vi 'uo
city ,irohibits the selling OF liquors WITHOUT pay
,ont ,of, lcense The ordinance also requires that,
anon o3mplant before an alderman, the facts
oppearing TO be true, he shah issuo
warrant directed TO the City Marshal to enter any house
tu which liquors are sold contrary TO this ordnance anu
70 demoh all things found therein made use OF Tor the
purpose CT manufacturing selling or otherwise ospos
Inr Of olors An Alderman, under this ORDNANCE Is
eued warrant and delivered it to the Marshal OF tne
CITY commanding him 10 enter the store OF deehu''
who hai refused TO pay license, ana destroy tie
ilouors therein Tie liquors were 80 uesuoyeu'
and defendant commenced this action 10 re-
cover three times the value OF tho properly
estroved according to the statute in such cases. WHICH
authorizes the collection of three times the value OF 'He
property destroyed by trespass. Inc comllain'n'
charged The actual vaue OF the liquors destroyed rec
oniug II prce he would receive for them by the glass
or drink TO have been S225o9. He therefore demahueo
,be rccoyery OF s67,7G7 The case was tried by a
United States jury under rcni1e and verdict was
senderod against the complainant FOR s590Gj. ana jung
sbs Judgment to the supreme Court Of the TERRITORY
spon M exceptions IN the lattr Court f enc J1hE
latter judgment the present. %rit ~, pr 5 w. 40
oSegcd to nt the act Court Tl the TaTy
Tho arrument of the plaintiff is to the effect that the
Az error "a The inry panel from which the trial jurors
selected. The facts and cSceptios III r a stnt
wherein he court divided Oh techhica1 point ana
This case derives its Importance from the fact that it
involves the great question at issue between JuoF4
line cs which have been summoned 10 try cases ID the
Territorial Courts. Ii the Court decides III his case tat
ne t gSTes BY Syg 5S G in the same way to
c,yyious Rehabilitation" under the Terri ,Olal
statute also Illegal and oil rro9eedIngsi ma a.
against them fall to the ground Should me decision %
ns herein indicated, il VIII probably an ct ne fandnS
of the Federal officers iii Utah The DstlctAltoricy'
Mr. Bates il will be remembered. w&s aoaco 10 lesi
about month ago, hut declllcd TO do So, ana me CO
has been set aside until Tie decision III te court sEo
be reached. -, .
rs tie decision will probably sustain The position
taken by him in Utah, it is presumed t4at the Admins
fratlon will not insist upOn bis resignation, buI lt, III
consequence of the attitude in which 1t vi leave "e
Mexican. and the mpoeSicty OF his future n3giIiie'S
In that TERRITORY ii probable that ne VIII DC r
leved from office. instead OF Bates VINO VIII pro19 by
return to salt Lake City and resume the prosecution.
under the United States laws. II Is understood tla
Judge Mef.cans action ENCOURAGED hy Adi.lh6tId
ton influences. ana he decision MlI create BCOu ut@
OF cmdIiidssIlcn t Iii its RANKS.