The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1869-06-03

Judges especially, when considered In connec-
ton with that used in commissioning other ofl-
GERS, settles beyond controversy we oehe'e'
what has been the opinion of al these persons
charged with the administration OF the Gov
eminent up to this time, and when iurtncf
considered in connection with the wording OF
the Organic Act, renders the supposltlon tnat
the President may remove the Judges SIMPLY
ridiculous. Any other conclusion would Do
destructive Of our governmental SYSTEM lhas-
much as by tho Constitution the powers Of Inc
Government are conferred upon three Depart
ments. the Legislative, the Executive, and the
Judicial.
It il said that each of these Departments
are CO ordinate branches of our Government
and as necessary consequence are IN the ex-
.rcise of separate and distinctly defined pow
ers. These powers are in their very nature
exclusive. and the Executive could no more
control or in any manner interfere with one
who is exercising powers and performing du
ties appertaining purely to the judiciary DC
partment, without destroying the basis OF the
Government, than the judiciary Department
could assume to itself the duties and powers OF
the Legislative Department. and commence the
making of laws.
II will not answer to say that Territorial
Judges are not appointed under the Constltu-
ton; for no matter by what authority they
hold Office, their powers and duties are judi
cial and as such constitute coordinate
branch of the Government. 1t Is strange that
the Supreme Court of the United States has
not been called upon to determine question
50 important Us this one, but We are not aware
of any case in which it has been decided; though
this, perhaps, is attributable 10 the fact that
until of late years, the instances have been
tex in which a President has assumed to re-
move Judge.
In the case of the United States Goodrich
vs.. Guthrie, in 18th Howard, 254, the question
was incidentally before the Court. The facts
we're that on the 10Th Of March. 1919. Good
rich had been commissioned by President lay
lor as Chief Justice of the Territory Of Mime
sofa; that on the I'D Of October, 1851, he was
removed by President Fillmore, and Jerome
Fuller appointed in his place. Goodrlchs CON-
mission was for four years from the said 18th
March, lSl9 Upon Fullcr's appointment,
Goodrich yielded up the Office aud Fuller en-
tered upon and discharged the duties, &c. At
the end of four years from the date of his
commi ssun Goodrich sued out writ OF man.
damus. praying that Guthrie, the Secretary oil
the Treasury, should be ordered to pay him a
sum Of money due him as salary &c, for the
uncxpired term of four years from the date OF
his commission The writ was denied and
the case taken Ia the Supreme Court on writ oil
error, and the decision was there affirmed
upon the grourd that mandamus would not lie
Ito command the withdrawal OF n sum or
sums of money from the Treasury of the United
States, to be applied in satisfaction of disputed
or controyerted claims against the United
States" Four of the Judges, however, based
the decision upon the ground that the title OF
the office being i'll dispute, that must be settled
before the payment of the salary could be
compelled. None of the Bench except Mclean
expressed opinion as to the Presidents power
to remove Goodrich. He said:
The Judiciary constitutes coordinate branch OF
the Government, over which the President has no
superintendent. and can exercise no control So
far from this Department being subject to the E1ecu
tive 1t may be called pass the legality OF his
acts The President. like all the other officers OF the
Government Is subject to the law. and cannot violate
IL with mpunity. He Is responsible for the inirac-
ton Of private rights, aud before Territorial Court
the same before the other Courts OF the Union.
There bc little difficulty
| in coming to q correct conclusion on this important
question by examination Of the Acts Of Congress
creating the tenure of the Judicial office in the Ter
rtories. In seven Territories the Judges were APP
pointed during good behavior: the other officers
appointed for q term of years, II not sooner
removed" In ten Territories, the law authorized
the appointment OF Judges for the term of four
years and the other officers for term OF years, ii
not sooner removed
Whether, in the above Acts. the Judicial tenure
was fixed for good behavior. or term of years. nc
one fail to the difference in regard to the
tenure of the Judges and Of the other officers The
Judges were appointed absolutely for good behavior
term of years, whilst the other officers ap
pointed for a term of years. unless sooner re
moved" BY the terms Of the appointment, the po
lica officers. such as Governor Secretary. Marshal
&c, removable but the Judges were not. ir
this respect these appointments stand in contrast
and show the unm stakable intention of Congress
| II Congress has power to create the
Territorial Courts of which no one doubts IL has
the power to FIX the tenure of Office. This beinl