The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-03-18

1t IS certainly desirable that cases
should be fully presented to the court
upon the hearing of the appeal, and fully
ana l Iairiy considered by the court. But
W1en cases are thus presented and con-
sidered and judgment rendered. they
snouie De closed unless something has
peen overlooked by the court or the court
Eas fallen into some error The rules of
the supreme court now provide for a pc
t,t,on for rehearing in all cases. which
the court may allow or deny as the court
may be advised it should be granted or
Denied II seems TO me that this is as
u should be- 1t must be assumed that
the court and counsel do their duty in
the hearing of the case upon appeal and
IL does not seem just TO the court to COM
oel II TO rehear a case il has already
heard and determined. unless the court is
OF opinion that il should be reheard
Inc judiciary is a coordinate branch of
the government with the legislative and
executive departments, ana l do not think
that the legislative and executive depart
merts should require of the judicial de-
Dartment that il should try a case the
second time and listen TO arguments for
80 minutes or one hour, whether they
thi,,k the case should be heard again or
not. L cannot learn that & law has ever
been passed In any state recurring Il
court to listen to arguments of counsel
against the will of the court, or that
courts have been directed how Ions they
shan hear arguments. If it is proper to
require the supreme court to try the same
case the second time and hear arguments
1o- q stated time, why would it not be
Well TO compel justices of the peace to
near arguments the second time and for
a stated length of time and why not re-
quire district courts to do the same thing?
rms is matter that, so far as / know,
courts are allowed to regulate themselves.
Th1S legislature would promptly and
very properly resent any attempt on the
part of the judicial or executive depart
mentS to direct how long each measure
proposed should be considered or to re-
30 ~ ha
legislature should be reconsidered and 80
minutes or an hour given to the defeated
party to debate the question upon recon-
Sideration. These are matters of proceed
ure for the consideration and determine
ton of the legislature.
While l do not believe for moment
that the legislature meant TO cast any re-
Election upon the supreme court by the
passage of the BILL still a requirement
upon the supreme court so unusual might
be so regarded, and cast reflection upon
the Judiciary of the state, and this L am
sure the legislature desires to avoid.
There appears to me to be another seri-
iouS objection to this provision. The laws
delay has become proverbial, and litigation
IS now surely protracted enough This
rehearing would be taken adj
of by dishonest debtors who are
able to stand the expenses of litigation to
1elay poorer creditors 70 whom the burden
Of litigation and delay are very VeXatiOuS, !
from the collection of their just claims.
The supreme court sits three times year
10 hear arguments, and a rehearing in !
many cases may mean a further delay of
-hree or four months This in many cases
would be oppressive.
1 am of the opinion that this BILL if it /
we're allowed to become law, would be !
IN invasion of the rights of the supreme |
curt, contrary to public policy and an .
anomaly in any enlightened system of
Therefore | cannot confer
Ipon it the executive sanction Respect
ully, HEBER NJ. WELLS,
Governor.