The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1860-11-24

AuthNNitl ~ Ana ~ wv ~ ~ !, n /
Act n Congress, hc mfst " goyerqed ~
IL prptisions. Earthef, the Prcsldehgs
power 10 appoint tbe Judges Of thesp-
prtme cpdrt u the United States aud tlle
district judges IL the several States, z De- !
rived from the constitution, which pro: |
yides Cox their appointment dnring good
behavior, or ID other words, dnriag Ite.
No President Or change Of administration,
has ever yeptuted 10 attemptlo remove
judge 90 appointed, no Iuatter heW nincif
he might differ with rsigting admins.
tration, or how obnoxious he 5niig ~ be 70, \
the cccdphut 81 ths White House.
/ am not aware that the question has
ever been j6ditially prsseated for iHycstl-
cation. except 10 the Minnesota case
which ! believe is found rppartcd IN 18th
Howard Supreme Court Reports, which
came mp On manddRins to- compel the
Treasury Department 10 pay the salary
of tho removed Judge. q majority Of the
SQUIRT, holding that ndadaEils was not
the proper remedy. yet studiously avoid
ing ! decision on The question Of poWer;a.I
minority Of the court cOncurring with
Judge Mclean in his opinion, that nan
daMyls Was the prop0r remedy, and that
the President had no power to remove
from Office a Territorial District Judge.
Provided that judges Cradlcbaugh and
Flenniksn canuot arrange the mattcr---
which Is not AZ aIli iikely41tlie conflict OF
Authority must be settled By application
70 one OF the other Of tie district courts In
the Territory by quo wdrraaIo; II 50, il
viii lie 10 d fair way Of passing on to the
Saprcme court Of the United States,
whereit can be settled, for Cradlebaugh
will carry II there aud force d decision,
ard Is aanddpias was 70: the proper re-
NEEDY. quo irarTanlo must be, aud therein
it viii be tested In the meantime Elem
niken has the inside track, and while he
Is certain to get his @hread and butter
your Carson correspondent very knowing
y adds: "All good Administration men
will sustain and uphold him.
THE JubGEs AUGMENT THE hIFTIcrETY. #
The course Of tie last batch Of federal
officers, particularly that Of the trio,
Eckela CradlebaHgh and Sinclair, in
their opposition 70 every procedure Of the
Territorial Legislature, though at the
time annoying to the citizens here, now
rebounds upon the Judiciary itself
When Judge Flsnhiken arrived here,
IN the latter part Of lust August, there
was sufficient Of that old Judiciary leaYen
left In the city to measurably instruct
him in former interpretations Of the law
Ny high opinion Of his honor is hostile to
the thought that he would in any measure
become disciple Of either Of the past
Judges; but in coming to q new country
50 peculiarly situated as Utah las been,
aad measurably is SO still, and assdeiafing
more or less With the Gentle limbs Of
the law who were awaiting anxiously bis
honor's arrival, il is but natural that lie
should more or less have taken the leayen,
not parpusely nor ID hostility, ybnt being
sounded in his ears, lie knew ii, and the
irst official net was In the former direc.
lion, which now will cause him trouble. \
Judge FleHniken awaited tho arrival
of Judge Crosby, the other assoeiate
Justice and las soon as the latter. had
made his toiier and bad shaken hiinself
from the cranlpSof road travelling; u cons
sultation ensued, and an order issued for
the meeting ofthe associate justices With
the Utah bar. They met on monday,
the day following, aud the two gentle.
men ordered new terms for the sitting
Of the district courts, very modtstfy,
no doubt, fixing the time for Chief
Justice as well as for themselves. The
judges ordered court to be held here on
the 29th Of the present month, and at
Carson early in November Next morn
ing, Judge Flcuniken started of for Car
son, fully armed and fortified for q fight
with both Indians and his troublesome
predecessor. The doublesbaFreled shot
gun, q couple Of rssolyers, aud an old
sword, completed his armory of carnal
weapons, and doubtlsss never intended
for anything but redskins. For Cradle
baugh he had bis commission laid up IN
lavender, aud this new order of the
Court was, Of course, prima fis.eyidencc
that he was already ia the dscharge Of
his duties, and that he was Judge de Jaelo
as well as Judge De jWt. But the course
Iof true love never run smooth, and whe,
Their We like it or not, there il something
pugaaclous IN the very air We breathe IN
Utah. s. i,..st. Z, ls1.,2 ss Ii IL s..
tuotbIsd OF ANOTHER couKF, AND THE FEES-
3 NlKEN-cNosBY ORDER EEyoKEn. Il, ."
Judge Flenniken had hardly left Camp
Floyd before the CIiief Justice arrived,
aud Mt once raised the question, that
the judges, before entering upoit the dis.
charge Of their dGties, md without hay.
ing Districts assigned them had no right
to FIX the terms and places Of holding
Courts Last week CHEF Justice kinney
with Associate Justice Crosby aud the
Utah Bar, met at the Court House and
considered the SUBJECT. The Utah law
yers, though present. at the Flenaiken:
Crosby meeting, did not start the subject
Of its legality, though believe the lead
ing lawyer had spoken about il With the
Judge or Jndges previously. AT all
events, tine Mormon lawyers said nothing,
and the Gentle lawyers were too glad to
get up the order Tor the courts to say
anything Of a doubtful character: Itwas
a little fIHesSe, HRqHestioaably, TO see tho
present results. Justice Crosby was salts;
fed, .Iathink. that freud Flenaikan was
IN too great u hurry to get to Carson,
and tier being no opposition, ths subject