The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-03-01
TERRITORIAL JUDICIARY.

Delegate Brents, of Washington
Territory, has prepared and the
House committee on territorie:
adopted q bill in reference to the
territorial judiciary. It provides
that thu Supreme Court o. each Ter.
ritory shall consist of chief justice
and three associates, instead of two
as at present, any three OF the num-
Der forming quorum; that they
shall hold term annually, but no
justice shall act as a member of
the Supreme Court in any action
or proceeding brought to such
court by writ of error, bill of excep-
tions or appeal from a decision,
judgment, or decree rendered by
him as Judge of a district court; that
the Territory shan:be divided into
four judicial districts, and the judge
of each shall reside In his district /;
shat temporarily, and until other
wise provided by law, the Governor
of each Territory not now divided
into four judicial districts shall, by
proclamation, define the judicial dis
triets for such Territory, assign Tie
judges thereto, and fix times and
places for holding court therein;
Pro0jded, That no process, proceed
ing, order, judgment, or decree Of
any court of any Territory. issued,
had. made, or rendered prior to the
taking effect Of such executive order
shall be invalidated or affected by
the provisions hereof"
Yhis bill is in ans wer to a general
appeal on the part OF the Territories,
an appeal which Utah and some Of
the other dependencies have
annually sent up to Congress
for years past. The states
man who devised the scheme
OF the Territorial Judiciary as it now
exists knew little Of judicial mat
tiers, for a cruder system could not
well be devised. The district Judge,
as justice of the Supreme Court,
reviews his own decisions, orders
and opinions in the lower tribunal,
and as a consequence the appellant
goes into the higher court with one
third Of the bench certainly against
him. This in itself is bad, deprivipg
a sutton Of an even chance for JUS
tice, in case a judge is corrupt
or ignorant. There is another ugly
feature about it, in that the judge
has more or less OF a friendly or
social influence with the other
judges, and can do something to-
wards persuading them to the
adoption of his opinion. The justice
in the lower court should have no
voice In the decision by the appel
late tribunal, for if he has such
voice the purpose or. intent of the
appeal is largely nullifed.
But aside from these and other
objections to the present system, in
the case of Utah three justices are
insufficient to the performance of
the work required at their hands. 1t
is true, they are able to hear cases
and render opinions, but they can
not devote the time to them that lit.
igants have the right to demand
and that judges ought to be allowed
for their own reputation and protec-
ton. At no time within fifteen
years has the court in this district
been up with the business, but
working almost continuously from
January to December, and much of.
the time being assisted by one
o. his associates the Judge
is dragging along behind
the calendar, his homer being over
worked, litigants suffering from de-
lay, and opinions made up in a
hurry from lack Of time to thor,
oughly examine the laws and au-
thorities.
Mr.. Brents' bill should at once be-
one Law.