New-York tribune., 1873-03-06

freght ana In lS1, li0Oe; increase or tenIOiu IN
POLITICS
Since thc trials FOR gious concubinage and sssasra
ton set on foot In September 1871 snd the decision of
the Supreme Court last Spring that they Illegally
nstgated and prosecuted and were therefore null the
Probate Courts have very generally resumed the
cse " concurrent Jurisdiction with the District Courts
summoning aud impaneling grand and petit jurics'
finding indictments. trying thc, issuing writs Of tn
junction. habeas corpus Be- OF Old and that regard
less OF the decisions the District and Supreme Courts
Of the Territory The Mormcns interpret the Supreme
Court decision In the Engelbrecht discharsing
them from all obligation obey respect the
higher courts OF the Territory in anything The Diairct
Courts bore 1t patiently for time. but recently they
have shown disposition TO reaasert. and If possible
enforce their authority The consequence is that judicial
proceedings arc practically farce, and the community
LEFT almost altogether prey to the criminal classes.
A man charged with ofense IA bound by Nor
mon Justice to the Probate Court The Probate Court
indcts tries, and eonvets perhaps It doesn't get
f1r aeng ~ mat when rie prisoner s taken before
District Judge by habeas CORPUS some held 90
swer 0itener discharged, the latter because the Nor
again before District Jnfre thereby acknowledging
the rghtiuiness OF the llttGr's proceeding.
going 70 show that the Probate Courts have mnal
jurisdiction whatever under tho Organic Act and that
tbe comforting OF ~ upon them bY the Territory "a usurp
alton, and therefore y0ld ana as long rejOnders to
them W members OF the bar the ntrclcies o, which
the editorial columns OF our newspapers filed from
70 week with rehash Of these arguments pro and con
We nave general indictment OF the Legislation Of Utlh
semibarrous vioative of the Organic Act, often
letter always IN spirit and subyersiyc OF the liberty and
rom great part Of the bar OF the Territory. We
have divers and sundry COngrcssmeD, aided and urged
thereto by president Grant endevoring 70 frame aud
pass some legislation that far yet indicated. II It
be not TOO sweeping 70 the favorable action Of
Congress undertakes 70 do much that will IN all prob
ability be- practically imperative. The bar memorial.
which Il substantially true and just merely complains
trouble for them tl study MP remedy why should they
expect Congress to do It, body overwhelmed with
70 should become law, and be made TO apply, a. 10 IS
expected 10 be, 10 Al tine Territories VIII raise such
storm OF opposition their part will insure its
pea next sessSon II made TO apply to Ctdh 0uiy the
chances are that 1t Will not be executed because IN
dertkea TOO much Why not ask Congress TO pass bill
OF q dozen or twenty lines providing:
lhat The Probate Courts OF tih shall have Iurisc-
ton OF probate business aud in civil suits not involving
more than $500 and none other
,. That the fact OF a mans living with women other
proof or The practice OF poly g1my.
3. That no alien polygamst shall be naturazed. and
that Oi the assumed OF sucn by The
Probate Courts IN the past sAal be held 70 ne valid
4. That the Governor shall appoint one inspector or
judge OF elections at every poll aud that the ballot ha
not Do marked or numbered, and chat women snail not
s. That the Governor shall nominate the Territorial
officers 20 tue Senate provided In tho Organic Act
ana mat All Territorial legislation nconsstenJ herewith
such bill, it seems 20 me. might he passed. and II
passed enforced anu it would be violent enough to start
courts and IA accordance with reason, making tne Jq.
dietary Of Uiah what s u an the other Territories. IL
would enable the district courts 10 prosecute and con
yiCJ for pOi S1y entered Into within two years or at
any future time, The summOuug OF tres FOR the trial OF
oruses ganst the laws OF Congress being already IN
tae nlnds OF United States officers. IL would exclude
alien poly .lInst5, whether nJural6cd by the PROBATE
courts not from the polls together with thGir ensIVed
women, and make the ballot free, thereby aEOidlng a
basis for political organization IN Utah opposed % pOyg
amy, and induccmcnt 20 snCh an organization 70
maintain itself and seek To extend ILs influence. IL
would gave through inspectors not control or the
polls but official nOwledge any frauds committed or
garrs practIced tnereat ana IL would restore 10
the Governor well tue district judges, the iunc
lions conferred them by tho Organic Act OF which he
and they have been emascuated BY Territorial lcisa-
ton.
We could DO well for year two, aided as above
by Congress- II should had trial that something
further necessary, having iudclOusy made use OF
these powers could apply Tor II win the expectation
Of getting n. But 10 ask something extraordinary,
something that Involves enJre and sudden change not
only social and political institutions OF Utah. but
admins trltIon OF Justice IN all the Terrtorier
and should tor winch we have about one cnahce
JwcutY-tnd ourselves unable 10 Deucht our cause
OF It's sweeping character, 0ny Weakehs
Us. beWlers Congress te country, and strengthes
0ur 4ver,Ires Sucn has been our policy, heretofore,
and We have always been beaten. " know Of no way
oI uens OF ne future Dut by the past In my JudS-
mcut, 0. Congress would give us law embOdyins the
tlOa only NJ WOuid not SOON again
troubled "a account Of U.ah anilrs-