Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-23

vised Stats. Of U.s.. Sec. 1885, Moreover, III
this court no district attorney Of the territory
pointed, whose duty 1t Is to prosecute all iafrac
tons Of the United States laws, And this cour
sati0n comes from the United States. 1t has
process, proceedings and records are attested.
nizance OF ali complaints and informations tor |
violations Of the United States laws :. and who
warrants for the Of such Of
.. rites. These oficcrs are also paid by the gen
er:tl government.
such being the organization and Jurisdiction |
Of the three district courts Of the territory they
may be termed courts Of the United States in the
ment Of the United States. and derive ali their
powers from the acts Of congress: While they
are neither state courts nor United States courts
In the sense OF the constitution, they are still
courts established and organized under the au-
tortty Of the United States sitting in territory
belonging to the United StaLes and exercisinl
government. The whole territory is under the
Plenary control q the general government. and
are still di6tvcts within which certain ofienses
at all.
Congress may confer upon territorial court
Jurisdiction which could not be granted. under
The constitution, to court of the United States
within, one Of the states Il Peters 5l1; IL i'd.
u; From ON the i ordinance Of 1857 to the present
time. the acts 81 congress show grant OF COM
law to the courts Of the terri r.
ecutions by the United staies,Nyet When jars- Gds
e e IN sse
mon law Except SO far as has been otherwise
provided bv the constitution or acts of congress
Tnea es 81 e wSe
to a criminal information. instead Of an
| our Local code Of procedure, but by determfn-
ing first. what Is the common law on the sub
ject and second, what notifications have been
As in the courts of the District of Columbia. so
In these courts. in the absence of United States
statutory provisions directly applicable, and Of
| proper decisions. these courts in the trial ot
criminal cases. will apply the same common Law
principles which NJ regulate g the proceedings, the
AS a general principle. therefore, the terrific
rial assembly can neither increase nor diminish
vested and prescribed by the laws Of the United e
States nor can it destroy or control the rights O.
either of the parties litigant. to HON the prlvi
Of resort to these courts has been secured by
acts OF congress.
In conclusion, if were solely to consult m,
own personal inclinations and tastes-disre:
would most cheerfully grant this motion TO
tn reby would b. spared the toll and vexatior
OF presiding over some seven or eight other case
on the calendar yet to be tried, wherein this par
ty is the defendant.
But am not placed here for such purposes o
personal comfort and satisfaction. Disagreeab
. and annoying as nv position is. and must b.
considered by all just men, must decide accnr
. . ding to the law as l view and interpret it. Ii
am wrong. there is superior court to review III
= decision, and to reverse it, if be mistaken
Knowing the rectitude of my conduct in thi
most disagreeable matter, appeal to the law t
vindicate me.
Tho mOiion js therafore danied
II By the Court.
p. y. SHANNON.