The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-04-14
POWERS SUCCESSOR.

Now that Powers, Judge of the FRS
Judicial District OF this Territory, ha
been jerked off the bench to which b.
was such a discredit, the question o
his successor will be the one which vii
most interest the bar and people o
Utah. Nothing positive as to the maj
is known at this end of the line, though
there is good reason TO believe that 1
Judge John B. Shipman, of Michigan,
will be designated for the place
Michigan has long held lien on the
A 'sociate-Justiceship. For mere thar
tgenty-four years the Wolverine STATE
has had a man on the Supreme bench Of
Utah. In February. 1862, the well
remembered Thomas J. Drake was APP
pointed by Lincoln, from Michigan.
In 1869, Grant gave US that poor excuse
for q man, gentleman, lawyer or judge,
o. F. Strickland, who was credited or
charged to Michigan. In 1873, Gran {
also gave US another Michigander IN
the person of Philip II. Emerson,
who held on until 1885, when Cleveland
inflicted upon US the fellow who has Just
been kicked out. Michigan, therefore,
claims one of the Associated Jus ticeships
as her heritage and as there is Michigan
man in the field he will probably obtain
the doubtful prize. Shipman was for
some time Circuit Judge in his State
and is represented by those acquainted
with him, as being lawyer of ability,
integrity and honor, and as not being a
politician in the ugly sense of the word.
1t is to the credit of the gentleman thai
at the conclusion of the trial of case
in a court over which he presided, Pow
ers, who was attorney for one of the
parties tried to insult him in a most
brutal manner, for which action the
bar of Kalamazoo almost unani-
mously' asked the President of
the bar association to cali
a meeting with as little delay as pos
sible. in order that this offense
(PowersO may be promptly inquired
into and punished to the full extent
authorized by the settled customs and
usages of our profession and the laws OF
this State" The relation Of the circum-
stances of the incident was one of the
things presented against Powers in the
showing made before the Senate judici-
airy committee. Only since it has been un-
derstood that Powers would have TO go
has Shipman consented to the use of
his name as q candidate for the place.
But whoever is nominated, we sim
cerely hope President Cleveland will ad-
here TO the rule he has adopted, and
send somebody from abroad. The
Utah lawyers of the ability demanded
by the position, would not accept the
poorly paid office. They can earn three
or four times the amount of the salary,
with much less work, aud without laying
themselves liable to the public and PR
vate caiticism that seems necessary TO
be aroused by 8 Federal judge in this
Territory. The lawyers who would
take the Office are of the third and
fourth rate in the profession, gentlemen
who find il difficult to keep their sign
boards out Of the pawn-shops. 1t would
be public calamity for one Of them to
be appointed. Again. there is not an
attorney here, of good or bad repute,
who is not more or less affected by pre-
JUDGE on local questions which would
interfere with his course on the bench.
The prejudice with some is not so
strongly marked, probably, as 1t is in
the judges themselves, yet all have
taken sides TO such an extent as should
be regarded as disqualhying them from
going on the bench. Litganrs, the bar
and the public, we are confident, all
prefer that the new judge shall come
from abroad, and from what we have
heard of Judge Shipman, we believe he
would be as nearly acceptable as any
man who is likely to receive the NOM
ination.
The nomination will doubtless be
made in the course of few days.