Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-09-25

pidNbNt as inH l'lS'IlVN N"ulNH'
Section "a of the same act provides
that.
"rhe clerk Of the Probate court shall
be the clerk of this Icountyl court, shall
keep his office at the county seat, and
shall attend himself or deputy. all ses-
sions Of the court, keep the records, pa
pers and SEAL Of the court. The Office
Of the County court is TO be kept open
for business at all usual times
1t was also provided that the Probate
courts should be considered in law as
always open, but the judges were re-
qulred TO hold regular terms In March
June, September and December
Now the United States laws as Co the
naturalization Of aliens require the
alien to make application under oath
before a Circuit or District court OF
the United States. or Supreme or Dis
trict court Of the Territories. or court
OF record Of any OF the States having
common law jurisdiction and seal and
clerk" The application OF this to the
courts Of the Territories is clear from
the third clause of Section 2165 Revised
Statutes Y, $, requiring the court adj
hitting the alien 90 be satisfied that
The has resided within the United
states five years at least and within
the State or Terrltorv where such court
Is at the time held one year at least"
The Probate courts proceeded under
these provisions and under the United
States statute which defined the author
Ity Of the courts having the right to
naturalize aliens as every court OF rec
ord in any individual State having com
mon law Jurisdiction and seal and
clerk or parliamentary" and further
that any allen who may have been nat
uralzed in any such court, shall en-
Joy, from and after the passage Of this
act, the same rights and privileges, as
II he had been naturallzed In a District
or Circuit court Of the United States"
Further the Organic Act provided
(sec. ~.
THAT the Constitution and all laws
OF the United states are hereby extend
ed over and declared 10 DE I'm force In
said Territory Of Utah so far as the
same or any provision thereof, may be
applicable
AS to the power Of the Legislature in
defining the jurisdiction Of the several
courts, Including Probate courts, the
Organic Act says that Jurisdiction shall
be as limited by law" and that the
legislative power Of the Territory shall
extend to all rightful subjects OF leg
islation, consistent with the Consttu-
ton of the United States ana the pro-
visions OF this act,'
Although the Probate courts had been
endowed by the Legislature with chan
Gerry and common law jurisdiction and
each had clerk and seal as required
by the laws Of Congress, the legality of
their proceedings was disputed In later
years and the controversy was continu-
ed until settled by United States
statute. BY the act Of June 20, 1874.
called the Poland law, much of the pow
err given to the Probate courts was taxi
en- from them and vested in the District
courts, but this important provision was
made and which ought to settle the
matter.
IAN judgments and DEGREES hereto
fore rendered by the Probate courts
which have been executed, and the time
to appeal from which has by the ex-
listing laws of said Territory expired,
are hereby validated and confirmed"
In addition to that, It should be UNI
derstood that all the laws of the Ter
ritory were required by the organic
Act to be submitted to Congress, and
If disapproyed were to be null and of
no effect" The laws comforting upon
the Probate courts civi and criminal
jurisdiction, including common law and
chancery powers, and placing them
under the same rules and regulations as
the District courts. were never dis
approved by Congress and therefore all
their judgments and DEGREES were valid,
even If the Poland law had not con"
hrmed them
Some dispute has arisen over the lo-
gal meaning Of the terms Judgments
and DEGREES" That the naturalization
OF an alien partakes of both seems clear
to layman who understands English,
But in Bouyier's Law Dictionary de-
cree Is defined as; "The judgment of
a court OF equity That we believe Is
pretty good authority, Here, however,
ia another citation bearing on the ques-
ton even more pertinently'
"a Judgment IS decision or sentence
OF the law, given by a court OF justice,
| or other competent tribunal, as a re-
| suit of proceedings instituted therein.
! While usually the term Judgment de-
| notes the determination of an action
| by a court Of law, yet, IN a large sense,
| IL embraces the decision OF any court,
| including courts OF equity, admiralty
and probate. But the Judgment Of a
court of equity or admiralty ms dlstin-
| guished from the Judgment of court
| OF common law, Is generally known
| as "a decree and this term usually
applies to the Judgment OF court OF
| probate. "--l1 Am & Eng. Encyclopedia
OF Law, p. 1872.
since 1874 there have been no natural
izatlons by our Probate courts The
DEGREES Of those courts issued previous
~ were validated and confirmed by act
Of Congress But the Utah Commission
in the exercise Of its arbitrary powers
In favor Of the anti Mormon" crusade
ruled during their reign that Probate
naturalizations We're not legal and sC
large number OF our people went e
the District courts and We're ro-natural
ized. in order to maintain their citizen
ship and not be cheated out Of thei
right Of suffrage. There are, then, very
few II any who depend on Probate
court naturalization for their citizen