Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-08-20
CARLSON SANDER CASE
COURT HAD NO JURISDICTION IN CASE.


Jusilce % the Peace c. NJ. Nielsen De
livorod an oplrion today In the case OF
Iiliiu 1sakaon Va Christian Carlson,
sustaining the demurrer Of defendant
atd dismlrting the complaint.
The piaintln ir this case. II Will De
remembered. alleged that ON the 2tth
day ~ July isa,. at the premises %
Joseph W. Taylor. on West Temple
street, the defendant In a certain dis
course that she had with Mr. Taylor.
nnd IN the presence Of him and other
pers1na, spoke the following words
about pl1iuUn.
Mrs isakson has been Intimate with
other men. and has quarrritd with her
husband about b.. and wanted 10 get
ria of her husbands ana 10 u rum1rcd
that she gave Inn poison to get rid "
" HIN. from which Ice died"
The defendant entered n general
denial. and subsequently Med % mo-
ton 20 dsmils a. complaint Tor want
Of juilsdioilqn ~ the court TO Try a
In giving his decision Justice Nell
On says;
This au,atlon ns ~ the Jurisdiction
~ the tuHilra 20 the peace to fry "a ease
n this Kind h1r never hcln parscd upon
BY uur supreme court, and consequent
~ this court must CONS rue the pru-
upon the question " the jurisdiction
~ the justice NJ ono peace. IN order. "
possible. 10 arrive at the true meaning
% the statute ana the intention ~ ulr
Legislature ag 10 M powers they cone
template comforting upon Justice ~
the peace.
In all states the Justice Of the peace
Il judicial officer 10 try causes arising
between partic' residing In the precinct
or cities whore said iustic j. elected.
within certain limitations prescribed In
the statute. Tho Justices court, b'lne
court ~ peculiar and limited iurir.
dlrtlun. cannot exercise any powers by
implication. but must follow the pro-
yiflpnH Of the statute strictly.
"The Revised Statutes ~ Utah, sec.
ton Css. providers That the jurticc OF
the peace shall have cvll Jurisdiction
within their respective precincts ana
cltics, In actions arising on q contract
for the recovery ~ money only. " the
sum claimed ~ lees than 500. Alap,
Ia action Tor damages for injury 10 the
person. etc. etc.
"As 10 whether the Legislature In
tended % confer jurisdiction on the
justices ~ che peace 90 ny caslA OF
SANDER. mus. depend upon ihe mehn-
Ing ~ iheac words already referred 10
IN the Hiltuic
WHAT character OF Injury 90 the per-
son daeH the statute contemplate Ii
bat aud SANDER. according b BACK.
stone. and other elementary wrlicra.
ure lnfraciluH " The rlghiA uf per-
rlnai security. and arr treated by thein
under she genoral denomination OF In
iurlcs Affecting The rights " The per-
Hnn.
"Tho rules flr the construction Of the
statute require thlt che words om-
pl0yod by the Legislature shall be cak-
~ iu the ordinary ana popular accept
ancc unless technical rda are uttd,
and q clearly appears from The text
that thy Nsfu upt ~ Intended 90 ba
understood.
NJ. thon, we give the words ~ tho
statute the fair and ordinary meaning
usually attached 10 them, am uf Tho
| opinion that the construction 70 ~ pnt
upon them. would be- that our LcgiHla-
turs never Intended 10 confer upon the
Justice 1T the peuc. the Jurisdiction ca
ny eases where libel and Islander u
alleged In the complaint
Il am of the opinion that tho motion
nlcd ~ the defendant herein 60 dis
miss the plaintiffs complaint II well
taken. and the action VIII accordingly
b. dismissed.
&C. N. NIELSEN.
a..