The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-05

lish ether courts inferior to the supreme
court.
Section Z of the same article provides,
that, The district courts shall have
original jurisdiction, in all matters
civil and criminal, not excepted in this
constitution, and not prohibited by
law"
The term, all matters, civil and
criminal, would include matters within
the Jurisdiction of the probate court.
This section and section 4 of the same
article, gives the supreme and district
courts, concurrent original jurisdiction
Of mandamus, certierari prohibition
quo-warranto, and habeas corpus.
Section of the same article in eff
feet gives justices of the peace such
original jurisdiction as they had at law
under the territorial government.
Whether original jurisdiction of the
district court is exclusive as to all
other matters civil and criminal, is
question
" the legislature were to establish
other courts than those named in sec
ton l above quoted, we incline to the
opinion that original concurrent juris-
dictlon with the district courts might
be conferred upon them, in matters
civil and criminal. but not exclusive.
Until such courts shall be created by
of the state will be in the courts men
toned in section 1, above quoted, and
the district courts Of the state, except
as above stated, have exclusive original
jurisdiction of all matters, civil and
criminal.
NO ROOM FOR A PROBATE COURT.
Under the constitution as the law
now stands. there is no room for
probate court or a probate judge, ex-
cept as provided in section 8 of article
"A of the constitution, which is as fol-
lows:
When the state is admitted into the
union, and the district courts in the
respective districts are organized.
DOCKS, records, papers and proceedings
OF the probate court in each county,
and all causes and matters of admins
tratlon pending therein. upon the ex-
piratlon Of the term of office of probate
Judge, on the second Monday in Jan
ualy, 1895, shall pass into the jurisdic-
ton and possession of the district
court, which shall proceed to final iudg-
nlent or decree, order or other determi-
nation In the several matters and
cause as the territorial probate court
might have done, if this constitution
mad not been adopted. And until the
expiration Cf the term of office of the
probate judges, such probate Judges
SHALL perform the duties now impnsed
upon them by the laws of the territory.
Inc district shall have appellate 1uris-
alCtlon over the decisions of the pro-
oGte court, as now provided by law, un-
ton
CLEAR INTENTION.
"A clear intention is expressed in the
hrst clause of this section. when CON
Sldered apart from the rest of the sec
tlon, to transfer all matters pending
IA the probate courts to the jurisdic-
tlo4 oI the district courts on the sec
ond Monday of January. 1896.
While an intention may be inferred
from the language of the second and
thlrd clauses of the same section. if
considered apart from the first clause.
TO permit probate judges to hold their
terms as limited by the territorial
law, we must, however. consider the
whole section with other provisions of
the same instrument throwing light
upon 1t. The terms of service of those
Judges under the territory expired
with that government-their authority
went out with it. Afterwards they
held by state authority, and for the
term fixed by it.
The constitution manifests a general
intent to dispense with probate courts,
and to give the district courts juris-
diction of probate matters
From the foregoing considerations we
are disposed to hold that the trainers
Of the constitution intended by sec
ton under consideration, to extend
the term of probate judges under the
state government to the second Mon
day in January, 1896, and no further.
The demurrer of the defendant to the
plaintiffs complaint is overruled.
We concur BARTCH, ].
MINER, j.