Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-11-14
The BAR ASSOCIATION
Meeting in The Federal Court Room
Last Night.
CONGRESS- MEnoRIALlzED
For Two Additional District Court
Judges for this Territory.

held In the Federal court room ls-t
night, for the purpose Of memorialiklng
Congress 10 increase the number OF
district cour, Judge. In Utah. Among
those present were Judge Bsrtoh, Y. =.
Rlchard-, Judge Judd, Judge Suther-
land, Colouel Merritt, w. Van Cott,
John A. Marshal, q. 4. Narian, Grant
Smith, Colonel Ksighn, Commissioners
Meyer, MIN q. Ferguson, J. ID. Lo-
max, q. r. Jack, II. q. Mcmillan,
Judge McD1wali, y. u. stephens,
Walter Murphy, T.. u. Critchlow, MI.
Painter, Judge Loofbourow, Arthur
Brown, II. ID. Winters, Judge Hcnder.
son, Mr. Butterworth, Colonel Lcchtic.
Judge Sutherland acted as chairman,
while II. q. Mcmillan, the secretary Of
the association, performed the clerical
labos.
The committee heretofore appointed
to draw up a memorial and bill an
nouncei their readiness to report. Thc
measures were both read and amended
and now stand as follows:
THE MEMORIAL.
To the Sonate and House Of Representa-
tiyc- Of the United States;
The bar Of 18th Territory, impressed
by the necessity of an Increased number
81 Judges for the proper administration
OF iusilco la that Territory, have met Ia
convention 10 memorabilia your honor.
able bodies for speedy relief aud We call
attention TO the facts herein stated, that
tho situation may be apparent 10 the law
making power Ia some measure ~ u IN
to us, that It may be seen how inadequate
IL the present Judicial fore to cope with
the business which IL rapidly aocnmula,-
ing In the couus.
Tho seven contiguous counties In the
southern part of the Territory constitute
the second judicial district. n comprises
about twenty-five thousand square miles
aud has a sparse population OF less than
.D,OpO. -Four terms Of court are held
yearly aud required 10 be held In u, That
district, properly served, requires tho OK
elusive attention Of one Judge. Thofe
are many mines and mining camps In Il
for the extraction Of galona orr, large
coal fields aud Immense iron deposits.
besides exiensivegasinu areas aud broad
valleys cultivated by the pioneers ~ tlf
Territory. The Judge assigned IN that
district has given buta minimum " time
tolt, by reason Of the more pressing need
of his services In the Third district.
Tho First aud Third district. include
the rest of the Territory, an area Of a
little more than ilny-soyon thousand
square miles. aud containing "a pOpula-
ton o. 5lOp0. In. these districts the
principal litigation Of the Territory arises
II u such ~ naturally grows Out OF or.
tcnslye mining. railroad building aud
trnffio and large commerce and ngrlcui.
al Ia lfsanArlauN all s.Httl
reference 10 tho number and character OF
tho suits brought and the amounts Of
values Involved. The courts, with three
Judges working constantly aud fourth
In the third district tor large part of tho
limo, are unable To keep pace with tho
business. n tho present Judge, were
wholly relieved from supreme court duty
thoy would not DO able, with their great
diligence, IN dispatch moro than two
thirds OF the current business. Tho an
nexcd table IL compiled from the court
records. II shows tho number OF cases
commenced each year slnco and lnclud-
ing ISIS, tho number disposed ~ each
year and the number now pending. II
also shows tho number Of days
each district Those tables also
show tho. rapid rate OF In
crease Of business, 1ha First dis.
trict consists Of two detached groups OF
counties. For one group a district court
II held by one Judge at ogden aud for tho
other by another judge nj Provo. Tue
Third district is compact aud include.
the capital city. Six judges with judicial
capacity equal to those who arc now
urduously serving the Territory. or any
HiN Judges OF average judicial ability,
would 10 kept constantly at work 20 do
the business OF the district courts, max
Ing no allowance for the cases which
hayo accumulated or the certain Increase.
The pressure Of the district court work
upon tho Judges has lcft them but
meagro time for supreme court duty
They have performed their appellate
functions ~ well ~ could bo expected
under tho circumstances. but they have
not had the requisite tlme to consider the
eases In that court as tho Important int.
rests involved have deserved. Two
terms q year 81 tho supreme court are
held, and tho business " 70 multiplying
that II will compare we'll with that Of
many more populons States.
The unanimous conviction Of tho bar
Of this Territory shared hy all Its
thoughtful aud woll-informed business
men, Il that the wants of tue Territory
lmporatively demand tho organization of
an independent supreme court. aud a
corps Of .ix district Judges. In short. tho
enactment OF the accompanying bill;
I'M NIT.
Ilo Il enacted by the senate aud House
81 Representatives Of the nlied States OF
America, IN Congress assembled.
That the supreme Court of tho Terri.
tory OF Utah shall consist of "a chief jus-
tice aud three associate justices until a
vacancy occurs and thereafter shall con.
si-t OF ihfee members, two OF whom shall
constitute quorum, TO DO appointed by
the President by and with the advice and
consent Of tbs Senate aud whose term ol
office shall DO four years, and To hold un.
al their succossors are appointed aud
qualified and 10 whom respectively there
shall DO paid quarterly, out Of tho Terri.
torlal treasury, an annual salary OF $500
Sec. Them shall bo six district
judges for said Territory, 10 DO appointed
by the President, by aud with Tho con,
sent OF the Senate, whose term Of otlics
shall 10 four years and 10 hold until thell
successors are appointed aud qualified
and 10 whom respectively shall be paid
quarterly, out Of the treasury OF tn,
United states, an annual salary OF 5000
and who shall soverally be assigned e
judicial districts by tho supreme Court o
the Territory. Two or more of them may
be- assigned to any one dlcirict until N,
Territorial Legislature shall provide fol
new districts or Otherwise apportion The
business or divide the Jurisdiction of IN,
district courts.
Colonel Kaighn stated that some Of
the members 'of the bar were VI tn,
opinion that the last clause OF the bill
took away some Of the appellate dutiei
Of the present district court judges,
and would thus interfere with their ser
vices on the bench Of the suprem,
court. The committee did not intent
this, but were opposed TO II, as mn ex