Arizona weekly citizen., 1885-10-31
REMOVALS FROM THE BENCH
Has the President Legal Power to peno..
 Territorial Judge.


 dressed by President Cleveland to fine prominent Democratic politician vino had induced him by his recommenda. ton to make sn improper judicial Rp- continent, gives rise not only to wide comment upon the indIscriminate in- dorsement of applicants for public office. but will also be spt to bring up the old question, not as yet legally settled, as to the power Of the chief executive in the matter of judicial appointments. There IS no question about the Justices of the United States Supreme Court or the judges of the United States Circnit and District Courts. Their tenure of office IS during good behavior" and they can only be removed by articles of impeach- ment, presented to the Senate by the National House of Representatives, the Senate sitting as a court ID the matter, a vote in the affirmative of two thirds of the Senators oelng necessary to sustain the charges. They are entirely beyond interference by the President. In like manner Tn state courts the judges can only be removed during the term for which they are elected by articles of inn peschment, presented by the lower house of the Legislature to the State Senate. the well-dehned purpose of both the general government and of the states IS 10 keep the judiciary as far as possi- ble, free from being tempered with or controlled by mere political authority.
 The territorial judges are the only judges of the United States courts, or any other courts, upon which has been assumed arbitrary power of removal. One of the most learned and best known of the Attorney Generals of the United States, when asked where he found the law or excuse to justify such highland | ed proceedings. said: "There is no law ID the matter, and the only excuse is that of custom. Some day the case will be tried in the Supreme Court, and re- movsl ot judges without impeachment will be stopped. Meanwhile, outside | political pressure in the greed for office | will force every administration to keep | up the practice"
 The organic acts of the several territo- | ries are alike in thelr general features. | Each states that, "the Governor, Secre- | tary of the Territory, United States At | torney and Marshall shall be appointed | Oy the President, by and with the advice | and consent of the Senate, and shall | hold theIr respective offices for the term | of four years. and until their successors are appointed and qualified, unless soon- | CT removed by the president" Then in | seperate section, and imme listely | following, Is stated: The Supreme Court of the territory shall consist of | Chief Justice and two associate justices who shall be appointed by the Presi- | dent, by and with the advice and con- sent of the Senate, and who shall hold ehaNr N1- hn ,N
 years, and until their successors are appointed and qualified" In the one case, that of the Gov ernor snd other named officers, it is ex-
 press sly stated that the power of removal Is conceded to the President; in the oth- CT case, that of the judiciary. by the
 omission of mention of the power of
 removal, 1t Is as clearly withheld. It
 follows. therefore, that the exercise of the power of removal by the President of territorial judges is an arbitrary act, entirely without legal justification. It is contrary to the whole system of judi cial safeguards. IL places the terrItor- ial judges. many of whom-especially in
 mining districts-hsve before them lIti-
 gation involving very large amounts, at
 the whim and caprice of political ele
 ment, instead of surrounding them with
 the security to which, by virtue of their | high and important offices, they are un- occasionally entitled.
 Though the commissions of the terri
 torisl judges entitle them Justices of the Sureme Court" they are also requIr- ed by law to act as district judges, each residing in the district to which he may
 be assigned. holding terms of the dis rrict courts at stated penOds and m tue legally desIgnsted localities, conyening at certain times as 6 Supreme Court tO hear cases on appeal from theIr respec- tive courts. In several of the territories, by congressional enactment, the mum | Der of judges, in consequence Of the amount of legal business, has been in- creased by an additional associate jus tice. making the number four instead of three, as originally designated by the | organic act. The mining litigation be | fore some of these territorial judges often involves millions of dollars. Ii requires good legal training, an honest purpose and the confluence of protec tion to enable such an official to prop | erly discharge the duties of the office. If may seem singular that test case in the matter has Dever been brought to
 A settlement in the Supreme Court or
 the United States. The neglect to do so
 may be largely attributed to the indit-
 ference of the judges who have been thus affected. The pay IS small-out
 53.OOO a year-Rnd in the large magorlS
 of cases those removed ind they can
 more proftRbly pursue thelr profession
 that their practice at the par IS Tar more lucrative than the judicial position and care not about giving up tune ana money to make the contest. A terrlto-
 rlsl judge in Minnesota, before that
 state was admitted, commenced a sult
 against the accounting officers ot the
 Treasury tor his salary for hls tul! term,
 but the Supreme Court decided that
 the case was improperly brought sno IL
 was therefore, dismissed. Had he
 hrouoht the action agaInst the person
 aDnolnted in his place, requiring him to
 shov by what warrant he assumed the
 dnt;as of the office. it would have iu- yoIyed the issue as to the power of re-
 moyal by the President of territorial lu-
 dicial officers and have fully settled the
 ease. but, for some reason or other, the
 matter was never followed to a dennite
 conclusion.
 i'm ISGC Judge Crsdlebaugh, who had | haan apnointed one of the territorial | indues of Utah, was removed by Pres Ident Buchanan. His four years term of office lacked more than year or e1'
 niration. MT. Flenniken, of Pennsyl' rania, was appointed to the place, The iudicial district to which CrsdleoaugI tad been assigned WAS the western DOT tion of Utah, now the state ot Nevads
 The judge notified the Attorney Gener, al at Washington, on the reception ol inc information of his removal, that 2 inc President had no such power; tna , as if was done without cause be dio l not propose to submit to 1t, and shoulc nroceed m the discharge of his of1cis duties until the expiration of hls tern of office. He went on holding court a' 3 ususI. An appeal was taken ID crim iusl case from his court to the Surpem'
 Court of the territory, the poirt lnyoiv !, ed being that be had ceased 10 oe iudge by the action of the President r and consequently had DO judicial power l. The territorial Supreme Court decide' s in favor of Crsdlebsugh, expressing th r opinion that the President bad Dot th | | -Irra. of rannoval of territorial judges