Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-05-12
HAD HE AUTHORITY?
Governor Thomas's Recent Proclama-
tiOn Fixing Terms Of Court
U. S. DISTRICT ATTORNEYS OPINION
lie Does Not Think the Power Rests
with the Governor, but with
the Legislature.
A few week, AGO the News publlsheI

q proclamation by Governor NUM-
arranging for terms Of court at bogau'
in the Fourth judicial district, and
Nephl,in the First. The proclamation
named September rs the mouth IN
which these terms should be held, but
made no provision for clerks, iurles,
court dockeis, etc.
Associate Justice Miner has adj
dressed letter to United States Dis
triot Attorney Varian, requesting HE
opinion on certain points concerning
the establishment OF the term OF court
at Logan, and rs to the authority OF
the governor for issuing the proclama-
ton.
Mr.. variau, In his reply, says that
no such authority exists, az indicated
by the following extracts from his
letter.
"rhere would be but one clerk, md
he would be required to provide
dockets aud deputy for the court at
Logan. As I understand 1t, tbs ex-
penses of providing the dockets anu
books arc allowed by tho government.
AS to the jurlcs | think the
court would have power TO cause them
to be summoned for either place, but
should not hold a grand jury In but
one place in the district.
"There ia In my mind, however, q
serious question presented affecting
the legality OF fixing the term at
Logan. In 1855 Congress provided FOR
the appointment of an additional Judge,
authorised his assignment by the
governor TO either district and the
times and places M now fixed by the
statutes OF said Territory for holding
court therein shall remain until
changed by law
"By act OF February IL. 1892, II was
provided that the governor anu legis.
lativc assembly Of the Territory OF
Utah DO, and they are hereby author
lied TO establish Fourth Judicial dis.
trict In said Territory, and 10 readJust
the districts In said Territory In SUCH a
manner o. to best promote the con-
venient administration Of Justice
therein.'
"The Legislature, by act OF March 10,
1892, created the Fourth judicial dis
trict, designating the counties Of
Weber, Box Elder, Cache, Rich and
Morgan rs constituting the sawe. IL
provides that all causes, both civil anu
criminal, In which the cause OF action
shall arise In either OF the counties
constituting the district, No hereinbe-
q. Al. Ill l... 81
determined In such district, at such
time and place ~ the governor by
proclamation may FIX.
"This presents 10 me two questions:
First-Whether this authority, 40 del,-
gated TO the governor, is authorized by
the acts OF Congress aforesaid. The
act OF 1888 declares that the times and
places for holding court NJ then Fixed
by the statutes Of the territory, shall
remain until changed by law. The
second act Of 1892, declares that the
governor and legislative assembly are
authorized to readjust the districts IN
such manner AS TO best promote the
convenient administration Of Justice
therein. Now, In view OF these pro.
visions, has the legislature the author.
ity TO delegate this power? Possibly
there was no necessity for Congress
speaking on the subject, but having
declared Its will, its intention when
ascertained will OF o)urse limit the
authority OF the local legislature.
'.5econd, II the governor In lawfully
exercising the power, does his pro-
clamation meet the requirements OF
the law comforting authority upon
him? Should he not designate In his
proclamation where the causes, civil
and criminal, arising In either OF the
counties comprising the district should
be- tried? IL II to be- supposed that the
legislature intended to leave II to the
pleasure OF plaintiffs In civil causes to
select either Ogden or Logan as the
place for bringing their suits? And
In criminal cases, Il 1t TO be left to the
discretion OF the committing magis.
trates TO recognize the defendants TO
appear at either place, as the magis-
trate may determine? Does not a
fair and reasonable Interpretation OF
the statutes (ls92, page 60) require
the governor to determine by his
proclamation where the causes,
arising as aforesaid, shall
be- tried; that Is to cay,
causes arising In certain counties shall
be tried ut Logan, In other counties at
Ogden? Certainly for the conveuien,
administration Of Justice this should
be 80. The local legislature evidently
took this view years ago In relation to
the then First district.
"rhese are serious questions and
should be determined juaieally aud
after argument. The matter Is one In
which the bar Ia generally Interested
and II seems 10 me that with proprieiy