The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1873-03-20
TrRR1roR1AI JUDICIARY system.

TERRITORIAL JUD1C1Ah1 0
When the Utah bill was under discussion 10
tba limited states Senate. the judiciary sys'e"
of n. Territories received anything but . com,
nl;mentary notice at the hands OF members u
tha Senate. Stewart. speaking from n'
avn.r;ence at the bar in Nevada before
its admission as State. denounced Tue
administration of justice in the Ierritor'cs ~
farce. He says that $4,000 Judge IN
Territory cannot be q very great man. aoo 'n',
!" three thousand dollars will not procure iega'
talent of sufficient capacity to hear ana de'
termipe the causes that ordinarily come before
those courts" :,
Mr.. Stewart proposed plan which, snou'a
it be adopted by Congress, would DO Of 'oca'-
culable benefit to the people OF the Territories
and would insure to them strict and an l"'
martial administration of the Jaws; furnishing
them additional guarantees Of protection oo'n
of person and property, against the ignora"co
and corruption which are the distinguishing
characteristics of Territorial judiciary. MI.
Stewards theory, which he Incorporated into
an amendment and offered to the Utah Dill,
was to organize three new judicial circuits, 10
addition to those already organized, aud ap'
point three additional judges, who are to re-
ceiye the same compensation and possess and
exercise the same powers and jurisdiction IN
their respective circuits as other circuit judges
have and do exercise in their several districts.
The Territories. under the amendment offered
by Mr.. Stewart. were to be apportioned into
three circuits: Idaho, Aiontans and Washing
ton. constituting the tenth; Utah, Wyoming
and Dakota, the eleventh; and Colorado. New
Mexico and Arizona the twelfth The judges
of these three circuits were then to hold n
court of appeal in the several Territories. and
writs OF error and appeals could be taken from
the Supreme Courts in the several Territories.
in all cases. to such newly organized Court OF
Appeals; aud appeals and writs of error TO be
allowed from such Circuit Courts and Court
of Appeals to the Supreme Conr, OF the United
States. in all cases arising under the Constitu.
ton and laws of the United States, where
writs of error or appeals are allowed from
Circuit or District Courts of the United States;
,nd ia cases involving the consii.uiionali'y OF
, Territorial statute: but IN all other cases
he judgments and DEGREES OF said Circui,
Courts 10 bc final
Senator Stewart realizes thoroughly the de-
iects of the judicial system now in vogue in /
h., s.x.rat T.rritnrt.s and with a yiew nj
correcting the abuses which exist, seems 10
lave given the matter some study and thought |
Is affairs now stand. man may be convicted
Il murder in the first degree in Territorial
,our;, and sentenced to death. and the doomed
nan is dened the right TO have the Supreme
court. OF writ OF error. reyis. the questions
4 law that arose during his trial. He is de-
led the right of appeal TO the supreme judi
ial tribunal OF the land. where the issue st
,ake'is his life and yet in civil eases. where
be amount involved exceeds one thousand
ollars, be ID allowed writ of error or appeal
, the court of las. resort,
10 answer 10 the remarks OF some Senators,
tho took The ground tina. the Supreme Court
the United was already overburdened with
usiaess. and that the court was now four
ears behind in the calendar, a. an argument
gainst enlarging the jurisdiction Of tina. court.
enator Carpenter rctorted very aptly by civ.
lg the anecdo.e Of the British man Of war and
he Dutch ship. The English Captain bad or
cred bis men to fire salute in honor of the
'utcb ship. and it being after some trouble
nd occurred between the two nations, the
nglish sailors regarded it rather IA an out. !
'ge that they should be required to salute the !
atchman. Accordingly. one of the sailors {
'crety shotted his gun and when the broad. I
de was given ball went through the shin
I'd killed Dutchman The British CAPTAIN i
irriedy entered bis boat, and going on board c
70 other ship made q most humble apology,
I'd promised that when lie returned home the
ritish Parliament should apologize to the
ovcrnment Of Hollands but the Dutch com.
andcr replied. "Oh. no. dat is unnecessary
is but one Dutchnan, and dare be plenty
ore Datchmen in Holland" So. "A Senator
arpenter remarked, if man is sentenced n '
hanged no cannot 60 to the Supreme Court, =
it is overburdened already with civil bust. q,
SO, and there are plenty more Yankees in e e
nerica. fe
Senator Stewards amendment was defeated !.
t we hope he will press the matter in sen. !.
ate bill at as early day as practicable. "a b
organization of Court OF Appeals for the . .
'rritories. as proposed by him, is matter Of Of