The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-28
FOR THE DELEGATES.
A Few Suggestions From n Well
known Resident of Ogden.
ogden City. Utah, March 26, 1895.

known Resident of Ogden.
Ogden City, Utah, March 26, 1895.
To the Editor of The Herald:
AS that which is subsequently to be-
come the fundamental law of the state
Of Utah is now being shaped and for
mulated. would like. through the col
umns of your paper, to make few
observations relative to certain fea-
lures thereof.
A number OF resolutions touching
the structure and constitution of the
judiciary have recently been introduced
into the convention, but they all SAVIOR
too much of unnecessary complication.
We are all anxious for the adoption
of the most efficient system that in
genuity will suggest that will involve
in its practical operation as little eX-
pense as possible, and yet one that
will meet all the requirements of the
commonwealth. Simplicity of structure
should be the paramount and control
ling object to be attained. restricting
the number of courts within the mar
rowest limitations consistent with the
spirit of our institutions
New York has most intricate net
work of court machinery, with its jul
rlSd1ction parceled VariouSly among u
different kinds of tribunals Nee
essarily questions Of fine iurisdictional
distinction frequently arise, OCCASION
ing much perpleXity and embarrass-
ment. A change is now being con-
templated in our system the object of
which is extending the jurisdiction of
certain courts and abolishing others
entirely. Experience has stamped
system containing such a complication
OF courts, involving so many jurisdic-
tons with a vexatious character.
The Judicial system of California af-
1ords an example of the greatest SIM
pllclty, and it most admirably adapted
10 meet the requirements of the people
1t IS constructed on principles Of the
Str!ctest economy, and the facility
With which business is dispatched is
highly commendable
Ii the convention is not particular in
the laurels to be won in the exhibition
or originality and native genius, why
not adopt the California system in toto:
II would only be in consonace with her
tOfahs) former example in the adop-
tlon subsequently of the California
code. -'-'-
In a state like ours we can do with
very limited number of courts, Let
US nave one supreme court, or court
oL appeals; a superior court, or courts
Tor each county or group of counties,
established with reference to the
density OF population; maintain our
present arrangement of justice courts
containing the same jurisdictional
powers. with the constitutional provis-
ION, that the legislature NAV establish
such inferior courts as they may deem
necessary and proper; eradicate the
probate courts, and repose in the su-
per1or courts jurisdiction of divorce
ana all other matters that now attach
to that tribunal; cloth it with original
cnancery jurisdiction, jurisdiction in
all actions at law involving the title
ana possession to real property, ETC.,
ana all other actions where the amount
involved Is $500 or more; appellate jur-
lsdlctlon from the justice courts and
such inferior courts as may be insti-
tuted. This is necessarily an imperfect
outline of the powers repoSed in those
courts. The detailed apportionment of
authority would be properly the sub
Ject OF legislative enactment. The OBJ
1ect is to secure the incorporation of
such an arrangement in the constitu-
ton, as above indicated, or something
equally simplified reserving the minutia
OF JuriSdictional limitations within the
domain of legislative direction. Such
q system is infinitely simpler than any
that the convention has yet proposed.
The constitution of a jury forms an
ance. The question that now confronts
US is, shall we adopt the common law
jury of twelve men or some other
A great many think that because the
Jury has lived through so many CEN
turtles, and outlived so many inStitu-
lions that it is an unansWera bic COM
mentary in its favor. To say the least
it takes its origin in the barbarism of
the past; an institution that sprung up
crf0nr11 nd nv.ly, Af
twelfth century. when gross ignorance
and supersttution dominated the
European world. Three or four CEN
turtles elapsed before the renaissance,
and its survival during these years of
tyranny and bloodshed gave it such a
prestige and pre-eminence that subse-
quent generations. out of respect for
destroying it, but acquiesed in it's
continued existence, till now hallowed
by 1mmemorial customs and precedent,
Its deVotees stand up and protest in
holy horror, if an argument is made
against, or a blow is aimed at what
they call ''the bulwark of our liber-
ties; very magnetic and convenient
phrase, borh sweet and captivating to
the ear, and convincing in argument:
but in this instance not altogether
properly applied.
IN 4AAAo4y ODJCCI lOI WHICH IHG
jury was instituted has been greatly
modified, strictly speaking, it has out
lived the original purposes of its in
stitution, and its continued existence
is matter of voluntary acquiescence
in reverence of its antiquity
Not until the reign of Henry the Sec
ond, do we find the forerunner of our
present system, prior to that time in
England, and on the continent of
Europe certain forms remotely resemb-
ling our present jury existed, but not
until Henry the Second, do we find the
jury of twelve men. By an enact
nent during his reign, the defendant, |
n certain cases, might decline trial by
combat and have the trial of assize In
such cases the sheriff summoned four
Knights of the neighborhood who were
sworn to select y competent knights |
mat were familiar with the facts and
of the case, who were
@ decide the issue according to their |
judgment. Unanimity
vas a perquisite in this proceeding, |
or should there be one who was ignor-
ant of the facts, verdict could not |
De given; all the Jurors must be cog |
INFANT of the facts, if they were unani- |
nous in their conclusion, a verdict |
:ould be rendered, otherwise not. |
From this instance we can see how d. |
'ectly opposite is the present jury sys-
EN- TO the original conception. In those |
lays, knowledge of the facts was i'm