The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-09-28
MORE OF THE JUDICIAL DRAMA


THE HERALD indicated that. some
thing more in the way Of judicial pc
culiarity was coming, and it has come
even thus early. The scene in the Third
District Court room yesterday was one
that certainly failed 10 emphasize the
respect which the populace instinctively
feel for such tribunals, or such an oc-
casion as men learned in the law enter
tain other feelings than those of regret
for.
In the earlier part of the day large
representation of the bar had assembled,
by request of Judge Zane, to give an ex-
preston of opinion as to the legality OF
the court filling the panel of the grand
Jury after the names provided by law
had been exhausted. Speeches were
made by several prominent lawyers OF
Salt Lake, all of whom, with one or two
exceptions, took the ground that the
court had no authority to perform such
duty as that suggested, and advised, in
the interest of public policy, that no
further proceedings in the nature of OBJ
tanning a grand jury take place. But
the voice of the one or two
was needed. that of the others
was set aside, as has been the case on
several other public occasions in Utah.
The Judge decided to issue an open
yenire to the Marshal for eight men to
serve as jurors, and the eight were ac-
cordingly brought in, four of them
sworn to act, and the grand jury was
duly impaneled-heaven save the mark
The peculiar proceedings were aug
mented by lawyers in various parts OF
the court room laughing in their
sleeves" and looking at each other
Significantly. Perhaps they have the
cases OF men not yet indicted on hand,
and were feeling well to think how
'soft" thing they now have.
The whole thing is significant COM
mentary on Judicial procedure in this
Territory, and an outrage on the people
who pay taxes for the support OF these
courts.
Nothing like it has ever taken place
in Utah; but, from what is now
before US, great many such things
are forming in the womb and embryo
of immediate time.
Against the erudite and clearly ex-
pressed opinions of experienced and
able lawyers like Marshall, Hardness,
RoYle, Gilchrist and others. all tho
roughly skilled in the usages of COM
mon law, trained in the philosophy and
application of law, and familiar with
the local practice of law, Judge Zane
sets his face and virtually overrides
statutory enactments in order that an
Immediate purpose may be accom-.
plished. It is perhaps fair to conclude
that the Judge, realizing that his in
cumbency may be brief, wants to use
his time to the best advantage, and
make some kind of showing, even if tht
results be temporary, as a consequence
OF his appointment. We do not say
that this is the case. but do say without
hesitation or hating, that it looks tha
way.
That grand Jury is part of a cour
+ and an indispensable adjunct to it, i
4 indisputable; that they are guided anC
4 measurably controlled by the judg'
of the court is also beyond question
But courts and judges are created b!
the law-making power and have NJ
authority, except as to matters of dis
cipine and rule, beyond that which tn,
law prescribes. They cannot make
restrict or overcome law, but can in
terpret it, and if it shall be foun(
antagonistic with the Fundamental
principles underlying it, may so declar
and render it nugatory. But ever
this power does not extend beyond tn
vicinity OF the courts jurisdiction, thu
rendering the overriding by the judi
ciary of Territory of an act of Con
gress, one that in its scope and effec
amounts to usurpation, perhaps ty
ranny. There are many ways in whicl
the baleful effects ,of such proceeding
as those which found their consumma
ton in the impaneling of grand jur.
by methods NOT recognized by law ar
illustrated. For instance, if our judge
are not controlled by law in thi
case, they may not be in others, ant
if the barriers by means of which off
Gals are restrained are once throw
down, where are we likely to land? Ii
court can enact laws, even to supply rea
or imaginary deficiencies in statutor!
provisions, in addition to his extensiv
power in the matter of rules and hi
supreme authority over proceeding
Immediately before him, what can h
not do?
One selected from the many of tn
peculiar proceedings taking place in tn
Third District Court room yesterday
was the manner in which his honor pu
a present. quietus upon the objection
which attorney F. $. Richards sough