The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-05-07
The Governor and the Courts.


In its news from Utah county our morn
ing cotemporary informs its readers that
''The Provo bar is unanimous in the be-
lief that no September term of the Dis
trict court can legally be held at Nephi.
They say the place of holding District
court can be changed only by legislation"
That is question that interests good
many people besides the inhabitants of
Provo and Nephi. Is it correct? We may
be mistaken, but we think it is errone-
Gus. It is true that there is provision
IN the Organic Act that district courts in
this territory shall be held sat such time
and place as may be prescribed by law, -
and section 1866 of the Revised Statutes of
the United States makes this provision
general to all the territories. Taking
these without further congressional
governor had no authority in the matter.
But section 1916 of the Revised Statutes
of the United States provides that 'sThe
Governor of Utah Territory shall assign
the district judges of that territory to
their respective districts and appoint the
time and place of holding court in each of
such districts.' This is special enact
ment for Utah, as the preceding section
gives authority to the legislatures of the
then existing territories including Utah,
to ''organizs, alter, or modify the several
judicial districts thereof, in such manner
as each legislative assembly seems proper
and convenient.
The Poland law, as it is called, increased
the number of terms of the district courts
of Utah to four a year, and provided that
they should be held Sat such times as the
Governor may by proclamation fix. -
Nothing further is said therein about the
place where they shall be held.
In recognizing the First Judicial Dis
trict in 1880, the legislature provided that:
'sAs soon as the Governor shall appoint
the place and time for holding courts in
that part OF the First Judicial District
contained in the counties of Weber, Box
Elder, Cache, Rich and Morgan, clerks
Office shall be established etc. And
further, that call cases, both civil and
criminal - in either OF the other counties
in the district, shall be heard, tried and
determined sat the city of Provo, or at
such other place OF places within the ter
ritorial limits of such last named counties
as shall be fixed by the Governor. See
Compiled Laws of Utah, secs. S9S6-7.
Fanally, in the act of the legislature or
ganizing the Fourth judicial District,
which includes Willard, Sanpete, Sewer,
Juab, Wasatch, Utah, Emery, San Juan,
Grand and Uintah counties, it is provided
that 'sall causes, both civil and criminal,
in which the causes of action shall arise
in either of the counties constituting the
districts as hereinbefore named, shall be
heard, tried and determined in such dis
trict, at such time and place as the Cover
nor may by proclamation FIX" Laws of
1892, p. so.
This would seem to settle the matter if
there is any dispute as to the power OF
the governor in the premises. Logan and
Nephi having been designated by the
governor who has just retired from Office,
as places for holding term OF court for
the fourth and first judicial districts re-
spectively, courts can be legally held and