The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-09-29
SUPREME COURT OPINION.
In the Supreme Court of Utah Terri
tory. June term, $780,
]. r. Wilkins, Respondent,

IN the Supreme Court of Utah Terri
tory. June term, 1880
u. r Wilkins, Respondent,
Iron County, Appellant.
appeal from the Second District.
The respondent is Commissioner o.
the Supreme Court of this territory, Ap.
pointed under the provisions Of section
Of an act Of Congress, approved June 23d
1874, IL relation to courts and judicial
officers in the Territory of Utah. As such
commissioner be performed services as q
committing magistrate in the examination
Of s person accused Of q violation Of some
law Of the territory, the ofense having
been alleged TO have been committed in
Iron County. For these reasons he
Drought fuit against the county, and re-
covered judgment for the amount
thereof, with costs.
The only question raised by tha APPEAL
Is: Is toe county liable fer the fees of
the commissioners in such cases?
Section q OF the act Of Congress above
referred to, provides, "Thst the Supreme
Court Of said Territory is hereby su-
thorized to appoint commissioner
OF sail court, who shall have
and exercise AL the duties of
commissioners Of the Circuit Courts OF
the United States, and to take acknowl-
edgments OF bail; and, in addition. they
shall have the same authority as exam
ming and committing magistrates in ali |
cases arising under the laws OF said terri |
tory as is now possessed by justices of the |
peace in sid territory"
fhe persons appointed under the above
provisions are Commissioners Of the Su-
prelna Court OF Ihe Territory, and there
ian ba no DOUBT but that their territorial |
is co-sxtensiVe with that Of
he power which appoints them-that OF
be whole territory.
The Territorial Legislature has made
10 prosision for the payment OF their
ees.
The last clause of article 2 Of the act of
congress above referred 10, provides:
And the costa and expenses Of all prose
usions for ofenses against any law Of the
erritorial Legislature shall be paid out
I the treasury Of the territory"
Congress evidently anticipated that the .
territorial Legislature would provide for
lese expenses. In fact, by the terms /.
boye quoted, it imposed this duty upon
De Legislature by providing that these
costs and expessssh should be paid out :
{ the territorial treasury. :
These officers were created by the act
Congress, with territorial jurisdiction :
)-extensive with the limits OF the terri
ry, and as TO the subject matter of that 4,
they have the same authority :;
examining and committing magistrates :
justices OF the peace throughout this q
jurisdiction. With this ex-
nded territorial Jurisdiction it was wise
ID proper that the expenses attendant n
ereon should be paid out Of the terri
-ial treasury.
The language of the act Of Congress in e
alton TO these costs and expenses does y
{ require any construction. 1t is W
in and uneduIYocaL. x
There is in our opinion no legal obliga- ~ ~
n resting upon Iron County to pay this "
], and judgment should have been rem =
ed for the defendant. III
The judgment of the court below is eN
'ersed, with costs, and the cause re- " "
nded. IN
PEILIP II. EMERSON, DC
Associate Justice.