Salt Lake Daily Tribune (Newspaper) - May 17, 1872, Salt Lake City, Utah PET X VOL III NO 30 PEOPLES EMPORIUM SALT LAKE CITY U FRIDAY MORNING MAY 1872 u S j rf It j was to foresail such s decision ihai G me IE Gj TOSS Mormons la tobisa Judge Sales sid and as it proof that the frightened his out of aon of Judge court was j Justice JIc VrT predecessor tis V T ales trie on Judge McKeans course are or less unjust The legal portion of j onr community will bs interested Utah thai he WHOLE NO 347 DR S E GRAIN of Genera ort Bad Office doors ol Tore j than a year Were he in i S nore The President had nothing to do with n of MS trip of the and notably the To are very unjustly severe in seir strictures on the Administration i on Judge McKean and on others in connection with Utah affairs It is I charged that the decision of tie Utah Lawns Percales j Judges tn the effect thai their courts T Tars of United States and I to be only by the United States was the resuit of wiU tfi ignorance or something worse if it can be shown that this decision of the Utah was cov the then decisions of the Supreme that question these strictures must to the ground T desire to show it i in the interest of truth and fair play j The Supreme Court in j this decision of the Utah indoes Defore his name was ever heard in connection with Mormon The recant reversal of its I have quoted ty the Supreme I Court has come about naturally most of the j edges who constituted the majority of the court when they were And if the court nW BiH j been ingenuous enough to i shit this opinion iras inconsistent with j that in the case of Orchard TS Hughes TO 12 and tram Orders at the office attention ar all hours es Irsn IAW WHITE co BANKERS East Terapis Salt Lake Cr in Advance at Law H MEDICAL anew mg Shawls llama Shawls SILK JACKETS i m i a m i 2 m OF THE LATEST STYLES Straw Goods Parasols Kid Gloves Lace chiefs and Sets Pun Line A Tine Selection of WHITE GOODS t in j Table i I isrs these si FOE MENAND BOYS SEST nnd of PRICES TO SUIT ALL t FINE ASSORTMENT OF iJi rente S CASS GOOES OF AIX STORES aos 25 ceni 50 00 Ui iL Postmaster Sprin g and Fine Boots Shoes and Gaiters to close MM as rfS Ar and Cluldren BOWS and SCARFS Stage Lines nt t 4 Pioche Easi Security Against Fire and Burglars Concrete TIRE PROOF SAFES Hundred ims ro Improved Dovetailed SAFES one i BMI LOOSE or a and Vaalt and ss uad local CHICAGO III Paper Collars Carpets Floor Table And Goods tars or K conversant Trili The of WHOLESALE BOBTAIL Ar Prices KC Tutors E ElR it Bin car The Supreme Court cf its j tory wis doubtless misled by tbe in use of Me words Marshal I of Court of the States fur the Territory of I in tie organic laV of the Terri i toIT I This shoTs that there was j for the holding of and his associates in the organic act of Utah 1 The Supreme Court may possibly hare j the right to assume that Congress used the words j the judges hardly had snch j But this is Dot all The Court has heretofore held that the courts of the Territories are States courts hence and I I his associates had no alternative but ro decide the question as they did j In Vs Lee 2 Black 490 j and a case from the State of i Wisconsin it was held The equity jurisdiction of the courts of the United States is cov by tie Constitution and laws and rales of decision are the in j al the States Their practice is reg elated ly themselves and by the rules established by the I Court court 15 invested by law authority such j rules In all these respects they are 1 unaffected by State legislation A majority of my brethren are of the opinion and I am directed by them I to announce that in the absence of a rule of this court authorizing it to be done it was for the court below to make such an order granting judgment for a balance re maining due after the proceeds of mortgaged In Orchard vs Wal lace a ease from the Territory of Nebraska tbj court held as follows The decree in the present case was rendered in a Territorial court and it has contended that this Territorial conq is not a court under the Constitution nor organized tie Act of but by the Legislature of the Territory under the its organic law and whose jurisdiction is regulated by that law and therefore that the decision in the case of vs Lee does not apply Of this opinion are Messrs Field and myself but a of the court are of the ion that the case is governed bythe previous Thereupon tie court adopted 92 applying it to the courts of Territories which they could do on the ground that they were courts of the United States at least in all chancery cases The acts of the Territories give their courts com mpn law as well as chancery If they are United States courts in the one class of cases as the decision in Orchard vs Hushes affirms and as Poile 92 assumes they must be in the other This is the logical consequence of said decision and there is no escape from it In the case of Hunt vs Palas 4 Howard the court unanimous ly held that the Territorial Court of Appeals of Florida was a court of the United the control over belongs to the General and not to the State In Benner vs Porter 9 the court held that the Terri courts were the of the General and the records in the custody of their clerks tbe re cords of that On tbe strength of these and simi lar of the Court the Utah judges held their courts to be courts of the United States and Attorney General Akerman wrote to Hempstead last of July I see no reason to doubt the cor of the Chief Jus tice to the effect it was your duty as the States At torney to prosecute offenders against the Territorial criminal statutes and that the District Courts ol the Terri tones are How could he or any man doubt it under the legislation and 1 hare cited saying so explicitly Mr HempEtead not only did not resUm on account of dissent from wasilie chief instrument in ing them Mr Bates also indorsed them fully in open court in Salt Lake City The question was not first raised by It has been mooted in several of the Territories those opinions it would I have left no room for complaint But I to reverse those decisions and deny djd so in tne same breath was far beneath its own dignity and char acter as it vas to the Utah and everybody who has ever coincided with them 1 have no quarrel with the latest decision Indeed I think it sound i I would make is that it re decisions of the court that made it and under which the j entire judicial proceedings of Utah for the last three years have Been R hen this is Been as I said before al strictures on those must fall to the Gold Dust Coin and Bullion on ail the Principal Cit ies of tlie States and B S SOUS POLISHED PLATE Window mnd Picture Glass GLASS to Kua proceeds at mi 1 end 3 Streets StOElUS AH 136 and 138 William Street N Y GLASS WARE OS erety lor etc Glass u fnr ASSORTMENT OF J ASSAY OFFICE tins SALT LAKE Ores assayed from returns on tie dar mode raw JOEK Me v J B SATT CITY The Pioneer Gentile Butcher and Retail in BEEF MUTTON TEAL POSE SAUSAGE MEATS Main Salt Lake City FOR A CHOICE CUT A ol tie popular work EXPOSE OF d as one of Twes of n during a period of mare Hum years with containing the Mar to JoSfph Smith fund choice ex tracts from of modem apostles BY MSS T B H or SALT tAgg cixr old Mormon his wife Wife and same Man to Kre at Abroad at 1 12 mo lettered Price paper coyer mailed to any address on receipt price bad AMERICAN KEWS Nsw Agents for ihs AND EXPRESS LINE Ranning Daily from Salt Lake via Lake Town Too ele City Stockton fc OpMr to Turtle Tiie roate his T li COACHES Fins careful and fend every ia the COB Good CHEAP FARE and Office at Wells Farp dX Wines Kimball A LL persons not to purchase on it Lode riih E Ophir City ROBINSON LORD and iss Hondo street S Brushes Caps Pipes Inks Demijohns ind of every description All goods not or imported at bottom prices Particular to Western tiada Houses BENEDICT HALL Nos 134 fc 136 Grand st cor 3B lyes Beecher 98 Front screet Xew It A T TT jgi i de Force Pils Dupny A Seignette celebrated Cabinet Ila Scotch J Whisky Port ana S berry Wines trades HF All roods delivered TJ S Bonded WM M FLIESS Commission Merchants Shippers to all parts of the YORK Special attention paid to Ithe oi made on ilic ST u A HOTEL Second and ST LOOTS MO BARNUM PRATT C ORE ORR LINDSLEY IS In from BRIDGE BEACH AJTD IX STOCK North Main Street RODNEY D WELLS Go to Santo rf Wells AJTD JOBBERS OT EU Sorth Street let Iine and ST DODD BROWN Deafen in Staple Fancy Dry Goods OS Cor St Charles ST GEO E WHITNEY Attorney of San Leesi Cook Haskal sate Bant of WELLS and in Drafts en Europe European Colleo to East Temple Street Salt Lake CitY E TRACT Agent JOSS BANKING HOUSE SAILER STEVENSON So Thiri r Kolas Secur bought und made on all accessible paints in the and Loans Had Bold oa commission particular LO finie be from Territory Pacific Slales in ini at United Slates Lv us CSC O Messrs Jay Cooks i Co powers i S A E Scott Salt Hort ft Sears 82 i Ss San Belro i Coot No S Street Tork CBy Boom So f over rhe Krst tiona Bank Salt late Citr D COOPER Attorney and Solicitor Second Floor of tie anc Seading Room Braiding Matin A Witcher r T a9 Blacks LAKE H S Jas AT LAW LAKE UTAH W TF Deitler im fine First Clan Goods pies on tcl ROUTE TO TiiE EAST NORTH iSIS i SALI cirr WM P APPLEBY AT LAW IN Learo r at A i r Jt i A x r JL r JX i r K r SL j A x A stl K sonth ol Commerce g City A AT SALT LARR HOUSE i 301 P C S SALT LAKE CITY NATIONAL BANK SALT HAKE CITY Authorized Capital Benj M President HUGH WHITE Cashier AB i This transact all i mate banking business and of legiti BuRien Gold and Currency Exchange draim and Telegraph Transfers made or Seir Sork San and the principal and Pa cities in any pait of tbe United and Canada Deposits and general business solicited from and and individuals accounts kept in gold or currency Exchange on the principal cities of and the Canadas furnished in sums to suit at the rates and transfers on London Loans mada on bullion public bonds local stock merchandise or good collaterals Approved business Daper dis counted for depositors of deposit payable in gold or currency on call or any specified in any part of the United States md made on shipments of bullion or Francisco and Europe CORRESPONDENTS ark Qo SAX California Trust Co LONDOS Jay Cooto iCo Salt Lake City See on Second J Page mhs ly Masonic Savings Loan Bank Street SAX Guarantee Capital S PRATT tettly MADAME SMITH Tie Celebrated and As Has just from the uid has taken Kooms Tor a short time at Western Hotel she be consulted nil mat ters Df LOVE She hw Tor goofi lock and to gain the opposite SEX bring the taTion foe upwards Hours a m to 6 p m Room Great Western Hotel P has a verr IRON WORKS One Block South ET REDUCTION to Plata osen uad Ib Slag Pots Carts Tracks At prices competition Ecst or Bran an notice CALL AND SEE C B HAWLEY Supt ATTORNEYS AT LAW Boom 5 OTer Taylor store site Salt Lake House Curs Jrom Missouri Hirer to at with ItmA inr to tht Sest mad Do no be bul obtain TH tbe and Hirer A E c S Supt aion FURTHER WILL as SAW our n AH Block 305 11 and 1C E M BARNUM In Special aTren to Tides Sales or Claims jint Real Estate mariA or business dOBO in anv ol States br reliable C W BENNETT No M Main St 4 doors Elephant Store UTAH lesrn E FITCH cc WHITNEY AT LAW Screet SAUT LAitE CITY Freight aj maJe u Central Pacific Hoad nom Salt Citr i E jp fij D it n Jti Cirr Georgetown and stll in and Mexico At Omaha with and Chicago Roct and City Sc Joe and cij and Luw Steamen for East South Tickets for sale u all East of of Utah City at Caion R H in wt office berths cm have been made to on their of aa 10 Denser j reduced Par lars And all in r tO at bo careful to their 10 all and points via OMAHA and thun avail ol the oi a through sleeping car cone and quick Genl Ticket Cht Engineer Tlie SI A MANN ATTORNEY AT LAW 34 SI SAET tAKE CITT BED D BATES ATTORNEY at LAW c ATTORNEY at LAW Clerk of Court Librarian J W in Simball west of S Mar ce CHAS G Bank Main si Is tbe OMAHA lour years fto time the Company pains nor expense in road bed and it ol the tins the fact ol its tlie line offers to the Traveling Fub lic a route unsurpassed in this comfort safety and cure F ARTICULAR CAUTION should be taken by passengers in their route and not be deceived by false advertisements and by lines an DO time rates etc no false relying oa its true menu Ii needs to be by the public to be appreciated TIME Francisco to Jour teyv seven Via Chicago and North Western Railway Omaha to Chicago hours Omaha to New York sirty hours to Boston bouca Enlace on Ell trains Irom Mining Engineer Of erery description to be at ac States Land Office How so Secure Sleeping desirous ol Berths or State Booms ID the ing Car Irom Omaha East cam do eo by from auy of the oo tbe union LO W A c t N W stating what waat to do the C N IT side ol Wrer then go tothe Sleeping Car Conductor five names at per telegram and find that he has for them will their own Through Ticket tto CHICAGO i can le procured at ticket offices tn California and the Weet and at railroad to San Salt Omaha and Council GAUtT Gene Supt General Ticket Arent BED SOCKS OP UTAH MINERAL WEALTH SETH K GEO v M BOUTELLE mfl U S for A of mines CX a C S PR tent anfi the preparation and TG prompt attention veysi estimates and drawings and with tlie o snd correctly performed Office Generals office tie Towneend Honse Bait C G C S Genera Hon Moore Post master Salt Lake city Dr O D Cuss of Corinne Hon O X tJ S CoL Int Goi Maxwell TJ S Laud Mme Dancourt TEACHER OF MUSIC AHD ib f nd SALT LAKE glh SAX A SAC going East Arrive 1 a mi iJO IM M K IStoc p m j p tn IMS Arrive from West Wert p IB i MB pm the t columns and Tor take th 9 right and T H il H RICE SALT LAKE Office
