Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-09-28
THE SCARE WILL NOT WORK,


The paper that tried to rake up a
scare by publishing story that the
Utah territorial courts had no common
law jurisdiction, and therefore all the
Naturalization decroed by those courts
are nun and void. now admits II was
wrong but attempts to show that all
such DEGREES Of the Probate courts are
invalid, and pretends to make out that
Il was these courts II meant all along,
The excuse win not hold good, as any
one may see who reads the original
scare-hcad article which was ripped to
pieces by the News" and the latest
effort to show that those naturaliza-
tions were void may be classed with
the bottomless excuse. Here is the
case IN brief,
Congress vested authority to natural
lie aliens in Supreme and District
courts OF the Territories. and every
court of record having common law
Jurisdiction and a seal and clerk or
prothonotary."
dicial power of the Territory was vest
ed in a Supreme court, District courts,
Probate courts and Justices Of the
Peace. whose jurisdiction was to be ms
limited by law
The Legislature was endowed with
power over "all righttul subjects Of leg
islatlon consistent with the Constitu-
ton Of the United states and the proyi-
sions OF the Organic act
All laws passed by the Legislature
were to be submitted TO Congress and
II dlsapproved were to be null and Of
no affect,
The Legislature defined the powers OF
the courts named In that act, and con-
ferred upon the Probate courts COM
mon law jurisdiction, and provided for
clerk and seal for each Probate court
Aliens were naturaized by those
courts under the laws of Congress cit
ed, until the Poland Act of 1874 was
passed taking from them parts OF their
Jurisdiction That act. in terms, vail
dated and confirmed all former judg
ments and DEGREES Of those courts which
had been executed
The Utah Commission, exercising arr
bitrary power without judicial author
lty and working in the Liberal inter-
ests, rejected as citizens persons who
had been naturalIzed by Probate
court. In most instances II not all,
those persons obtained new papers from
District court. Thus. all the fuss
and feathers Of the late yellow sem
sation are blown away. But our cha
grined contemporary says:
THE probate courts having no iurls-
diction at all In Federal matters and
the Legislature being poweTless to con-
Ter such jurisdiction, a remedial act OF
Congress which while depriving them
of n Jurisdiction In Territorial matters
that they never should have been given,
yet validated such judgments and de-
crees az they had rendered IN pursu-
| ance Of Territory law, cannot be plead
ed as a grant OF power that had never
been 10 much as considered by the only
power competent to confer IT,"
Who said the Probate courts were
given by the Legislature jurisdiction
In Federal matters?' II gave them COM
mon law jurisdiction and clerk and
seal. and the Federal law gave such
| courts authority, as territorial courts,
to naturaiize aliens, AS 1t did the other
Territorial and State courts.
at.,.,. p,gssa ssxF
| Is as little Informed on the naturallza-
| ton laws of the United States as on the
history Of Utah In the naturalization
| of aliens the State and Territorial
courts do not sit as Federal courts,
but in their local capacity. the author
lty which they exercise In that respect
| however, being conferred by Act Of
Congress, 1t was Just so with the
Probate courts OF Utah until 1874
Now as to the validating clause Of
the Poland act. II Is not so narrow or
useless as the Tribune tries to make 1t
appear, 1t confirms all judgments and
DEGREES previously rendered, the time
of appeal from which had expired, That
provision covers all disputes relating to
the past, legal, judicial or otherwise.
The laws OF the Territory comforting
common law and chancery jurisdiction
on the Probate courts were never dis
approved by Congress until the Act Of
June %, 1874. and that act validated
what the Probate courts had done up
TO that date.
But all this Is ancient lore What
ever arguments may be raised against
the points we have presented viii fall
fiat, against the solid fact that an effec-
tual remedy was used for the eyl In
vented, by standardization in a Dis
trict court. The story that many hun
dreds Of Utah residents have been vot.
Ing without valid naturalization, Is up
set by the papers which they hold from
courts whose jurisdiction Is undlsputed
The little political scare win not work
az desired. and whether the Probate
courts proceedings were validated OF
not by the Act OF 1874, the bluff
sought TO be nterposed for the munich
pal election Of 1908, will be found a,
pointloss as tho usual utterances Of oui
Grass contemporary
The dove of peace that settled owe
the delegates to the Bridge Workers
convention Saturday "new de coop
this morning