The sun., 1873-08-19

sold sud Hussey bought IL. and won't to J,dr.
Mexican tor writ OF ejectment. Husband and
| wiie opposed the writ conjUintly, notwithstand-
| ing the decree of divorce and Judge Mexican
! ruled on the cose as tho facts appeared on the
! lace oi the papers. 6he divorce had nothing to
I 60 with Il.
BUIGHAM YOUNG DENouNcEp
Major, Hemp-tend. on behalf of Brigham
/ Young had endeavored to apply the doctrine of
STAR d,ctSis to this case, though with a charita-
/ hiene's uncommon In our court he admitted
Honor liz hsscd lis d"ctriH" 9T'I on the deciston
/ of Chiei Justice Kinney IN lsol Affirming the
. L. "cr ~ the Probate Court go grant divorces.
he quoted Kent to prove that the doctrine Of
/ 81 ~ dcrEiS ouN applied where there was un-
] tcrsu acqutcsccuco In a decision. and ii had be-
/ come established "a u rule. In The same breath
/ he admitted that the Supreme Court OF the Ter
/ rtury. when they decided the ease OF Tavlur
AIT. TAYLOR in ISL, had fever heard Of Judge
] rucN = decision. His argument Is suicidal.
/ W uAd Wa tl, condition OF this TERRITORY in
/ lNl: Why. our courts had been oVerrun h.,
MODS. Judges had fled frcm the country
/ thr'"ch Tear ~ violence. judge sinclair could
! only Hlld his court IN the shadow VI United
/ states baNOhCts. Armed mobs interirrcd with
| the course Of Justice aud all law was set at de-
] rafc". but "A short time before this Brigham
Young had usurpcd tho power of the Govern
! mcnt and declarJ mart al law. lie forbade the
utcd states troops to invade the sacred soil uf
! Utah. Coy. Cummings had issued "A apruCiama-
ton declaring the Territory IN rebellion. Can
the doctrine uf strfd dcctSlS be applied to dcc
/ SION NrunG from a Judge at such u time ~ thisl
/ fwcir has that decsion al.eady been ovcrruled
| by supreme Court Judges IN this Territory. II
stare d,ctsts ever had any ground to stand ON from
| judge kinncy's decision, 1t was swept away
long .lSo.
TIM rLrxmtirY OF THE Skis or TIVE LAW
! We have proved clear anu forcibly, judge Til
ford continued. that the rebate court has NO
jurisdiction. We now alleee that whenever the
. tribunal t. admint.ter a remedy, the j,irisdir-
/ tion of right and necessity attaches to some of
the existing tribunals - thr country and W.
assert that the Le .:i-laturc having given the
right Ot divorce and prescribed The causes there
tur. and having t1i'cd to specify any court of
competent iursd rti"n 90 try divorce cases tha
. power To- ty such clscs GcNuNes ot necessity
. aud ,,Fi on thc peut't counts Of the iSrrlturN
,rrahrr 'n rad rom Jude HawlsN
decision IN the liNiur ease t. prove thh the
right g" -rint div, r'c~. not having been prop.
. trl, conferred un trc truuat' Court. must uitu-
rally f'l ON court OF superior iuri-dicttun
congress has ex russly fr,nted the District
Court common law au: ChdncorN Ilr.sd Ctou.
T Ihis Ease ,oue- within their rance 1ne speaker
. road frvm Cha'reilor Wmworth to prove that
un.er th" comnou law courts ran take cogui-
1u.., oi divorces and other cases independent
ol statutory authority The Chancellor. IN sup
posing " cl,' -o,~ tna, there Is nothing ia the
...ter. ,.l .It.r.urt- would to u-i.urd in
'l, u- e.. "a ? nee &C such acts trd uuni- hin:
tr paroles 10 would le their uuty uuucr the
co1.r.uu ltu 'cH .n. ti,il law ""~tri'ts a IN an.
10 .i.s.. utu tu ga aruur. caps ntm Wtth
hcuue .apd vei-L- han to thc earth. Common
ian. on tnc contrary. adlt- Itself the chars-
o. .Xlhlc a. fre -h'n 20 70 huW Boo being. We in-
n. Ic thi- rr.u'tp'" Of the c'mu"n law. nnd
aN.t,,. p,,.. ,u'' 8, thc strict toGl,s. ''
INT VcuNoN LEci-t'rrRE oN GENTLE
CutNr.
W. '~oell,sr ,h,t the equity sile Vt 'hc Dis
trI"; COURT .- the utruiIl and proper TRIBUNAL
tcr tuV fril ot divorce suits. Iht- propu-ti. 90.
how .vrr, htr4- uu argument, 1s counsel for she
juri-dictYu. % 70. ST h.tr 30 uu the cquiiN side
Ne not uiuS cia.ni tnai thc District Court has
power 60 tr, and determine divorce cases by
virtue of 't- rsanic common law AM chancerN
jui' diot .'u. va We 'mLu that ~ = invested
with .uch power by the nrst sectiuL II the Ter
rt'nal statutc- Of tan in relation I" tha iudi-
.i-.N. nat sc'ti 20. passed hN 'lr ''frturial
IrE'-.s'urr auu APPROVED hy the Governor. de-
clar tHat the District court sh,il c4err'-e Ju-
r.sai, -tur ia an Cssc" not ctGcrW i-e i'rUNidel
lnl' hdHt 'hl, ",I, as 'HeIe u hu '"''l con
power goes 20 the Di-trict court.
CAS- GIVE ALiMoNY ANYHOW.
l'' whatever hecoues of the plet i"r divorce.
We rlln that this CUurt mas power 10 decree
anm"n' indenehdent "i statutory authority.
The Sic ker O.. ed decisions IN California, N9rin
Carolina. Nay land. Virginia. South carolina,
krhtirh'. aud Alabama courts Ia su tain hi,
pr1r"si .'pn. You c@rfrspondent ga temem,
q ultrd ,st. Galiard IN the California District
Court. IL was "A suit Tor separate maintenance,
I ,ud Ithuush the husband uro:ed e. live with
the we ana support heI' tht court awarded her
slr IN "utnlN @inlEy. lhe case Vas appealed
ously sustained Judge Crockett decision.
cpiaG roR THE rPoPHLr'S SCALP.
Judge tl'Yrd closed by depicting the terrible
cons Iltrn 'r- II decision ~u>t1,uiu- the de
I'. D." tno Approval oi coug-s that dcc'te cast,
JOS TINS I"r't' rY hhe m"nai'h Oh
G.ycr hy virtue man or '1grSs's c'Se'.srI .i'o'
l'-iaon tuan trpic-cfo~ned P"ue; wnat
! .uug-tl, ere, President Of the ChurCn of
jesus Ciri-t "f Later Day saints. IS he '- called
uI uucd ti,. -tI.r table lIot. For yea be-
treated h'r ~, ~ some desree Of klnaHess. Then
course uf the W"-t iuidn.ah treatment. Asain-t
her prptc-tttiuu> Le banIrucd her IT. m his pres
ca r.sh. and project. llc compelled her 10 60
t' a farm away nom the NY. lie visited her
"'ch,.ouAl,, iur hAi an hour, but only to take
lorc Die pu- session ot tr " ceeds Of cr and her
o.. 'thct.s labor to swell his Already vast wealth.
Finally he drag- her back to salt Lake. She
81. kehS under his brutal tredtncut. lie refuses
her I,uicln's, sHI leaves hes destitute OF even
lhe ,lma.DA uetcssarcs of life. He informs
her that he vii n longer SUPPORT her. In a
starving cuud ,un she appeals to him in vain.
FINE charity Of the neishbors had not been
aroused, tel }uu that the corpse - Ann Eliza
Young might Gro tins have teen laid away iu
t1r - rSiai tS> @ Ti E@ss, ., fIg , sfatty nIo "Hd az
Jc-u- Chrtt of Latter Day Saints.
NEGRO PARALYZEu.
Sc Judge lilf"rd used the words " "ghastly
"tu"-. ~ 90 negro, 4 M hand, cnteFed ne
u,r r"' lu. He was 80 a,toulshed al tb' terri
lee eaTnc-ihe,- ot the speaker that he st'ppcd
l.rsi1. ri.. a. t."..-t' uf haI b,oa strHcH 10y
paraiv-Is. was some minlies teforr Lee re-
covered sufficiently Co. crawl tool "a -'at Through
uHt l.r 10 ... % .rr 'f tine judy tAurdiLm tile
lll iIr.d Iuaa shook Ike @ i,.;.
81. rre,o,ut,u- toe various -.,.iacatlons Of
me i.'rpci - rfu, .iie-, -rr tui'lt Shout ru.
Il ..f.. .iud aiIu.uy: \ w,ir.-, 4ld Starving.
driver. fr -'Iai.,r. H al isIrtI a.. aUleti &
strangers ,o ave her truu acttu. Inc l'rouhct'-
CYIu-e u.dy ttli }p. tAat she coAI have Eut
,.ruI .it tIe .t. o.. p. Hc. credit VIl4 % t,dn 81
sucn % Iw-r and Intiucnce up, n hr. trscki VINO
would hlt. t1'.d have EiNcH hct crrlltf hl4
L1l fH i"nucNr". like tne sutu"w oi the dead,
luur Nui.th l' hN" ga her knees before your
Honor, prtNin- i'r e.uplc justice.
Jue-e iiii"ru 60 'srd n'- remarkable argument
at t.oh J.. N- having used four hours iu It's de-
livery. The NOrlnuIis were highly indignant az
ia' 'ticrhs WIN MhirA De r"futd % th,ir