The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-06-21
TROUBLE SIGHTED.


appointment of ZANE were all that wa
asked or desired The ring didn't care
much how the business was brought about
The effort was to induce the President ant
his attorney general to act, when there
would be a trusting to luck to bring mat
tiers out right The President and his
judicial adviser were easy enough to con
vert, but when it came to finding an excuse
which would justify the removal they were
troubled. They wanted Judge SANDFoRD
10 retire of his own accord, but he could
see no reason for doing so inasmuch as
he had performed all his duties
ably, faithfully, conscientiously and
in manner to command the
confidence and esteem of the public in gen
eral and of those with whom he came in
contact in particular. AS the judge would
not 90 because handful of soreheads
wanted him to step down, nor because an
other man desired and needed the office,
the President was compelled to be heroic
and make the removal, and therein lies the
trouble, for HARRISON and MILLER put
both feet in it in their bungling effort to
get SANFORD out. The press of the coun-
try, with such striking unanimity, has
fallen afoul of the executive and his attor-
ney-general, and is keeping up such VIC
lent storm that the local coterie which re
joiced over the business at the out
set is now in fear and trembling.
Threatening breakers ahead are discov-
cred, and a dashing to pieces is appre-
healed. The Senate, majority of which
body has given evidence of entertaining
no great degree of affection or respect for
the administration, is yet to be heard
from. The nature Of its report may be
prejudged from the utterances Of states
men and influential editors. THE HERALD
does not say that the nomination of Judge
ZANE viii be rejected, but we do say there
is nervousness on the subject among those
who did most to bamboozzle the President
into appointing him. We also say there
will be some very plain talk in the Senate
over this case and the talk viii reflect 10
credit on a certain local clique which in
this instance Lhas been influential at the
White House and the department of JUS
ice
BIZ. to return to what the newspapers
are saying as TO the removal of Judge
SANFORD, and the dangerous assumption
by the President of the right to dictate a
policy to the judiciary. The papers of the
country now seem determined that the
matter shall not drop out of sight before
the outrage has been fully and fairly laid
bare Among the journals that We're
prompt to take the case up was the Chicago
Times, one of the most influential news
papers of the great northwest. Being
bound to no party, the Times is in the habit
of talking as it thinks, and this is how it
talked on the 18th instant, under the head.
"A Judge in Utah":
In theory the government OF the United States
is lodged in three distinct and independent de-
partments, the executive, the legislative and
the judicial In fact not one OF these is indie
pendent OF the other. They are closely inter-
woven The executive possesses the veto
power and TO that extent Is negatively a legiS-
latOr Judicial officers owe their appointment
to the President and the Senate. And both ex-
ecutiye and judicial departments are dependent
for support upon appropriations which can not
be made except by Congress. judicial officer
of the federal courts can not be removed by the
President, but he may be lmpeached by the
House OF Representatives and tried by the Sen
ate, and the same may be done with the chief
magistrate The territorial judges. however
are subject TO removal by the President The
fiction that all these branches OF the govern
ment are independent of the other is u pleasant
one 1t is particularly gratifying TO assume
House. As to the supreme, circuit and district
Judges it may be true that executive wishes or
caprices or necessities DO not govern their find
ings. Can the same be said Of the territorial |
bench?
President HARRISON has removed ELLIOTT |
SANFORD, chief justice Of the supreme court |
of Utah. a month ago the Encouragement |
asked his resignation on the ground that in the
Presidents opinion the public interest will be
subserved by Il change Judge SANFORD
asked il there were any charges of misconduct
or Inalversation in office or any complaints pre-
ferred against him. If so he would think il IN
wise and unbecOming to resign under such cir
cumstances. II, however his resignation was
wanted for political reasons only it would be
presented. The reply OF the Encouragement
was that there were some complaints on file,
but independently thereof the President has
become satisfied that your administration of the
office was not in harmony with the policy he
deemed proper to be pursued with reference to
Utah affairs and as the resignation was not
forthcoming notice Of removal was given.
The right OF the President to appoint Judges !
with the design Of using Judicial power to
futher an executive policy will be challenged.
Ii does not exist Inc attempt 10 employ IT Is
3 gross usurpation OF executive power. Judge ,
SANDFORD'S reply was anSTerable: My
earnest purpose while on the bench as chief
Justice OF the territory has been TO administrators
lice and the laws honestly and impartially to all
men under the obligations OF my oath Of office.
II the President of the United States has any
policy which he desires judge OF the supreme
court to carry out in reference to Utah affairs
other than the one have pursued you may say
10 him that he has done well TO remove me-" g.
This probably is the first instance in the his
tory of the United States that the executive has
ntimated right to color and control the action
Of federal judge. It's improperly and il
egality are too glaringly obvious TO require par
icular comment.
There is another great newspaper which
,rofesses allegiance to neither party. 1t is
1either an administration nor an anti-ad-
organ when either Democrat
n Republican is at the head Of the gov
rnment. We refer TO the Philadelphia
TSmes, which its brilliant editor, Colonel
ALEX. MCCLURE, has developed into a
mighty journal by conducting it on indie
pendent lines. The Times is also startled
1y this new idea in constitutional govern
nent, that President can formulate a
,olicy for a judge and force the latter to
follow it or retire frem the bench. On the
18th instant the leading editorial in the
PAPER named was headed "The President
Judicial Policy" and reads as follows. We
INIT nothing:
Anyone who thinks that the HARRIsON admin
stration lacks a policy should read the cor
between the encouragement and
he late chief justice Of the supreme court OF
Utah. The attorney general wrote to Justice
5ANDPoRD that in the Presidents opinion 1.-The
public interest would be subserved by change
n the office" and that he would be pleased 70
receive his resignation. To this Judge SAND
FORD replied that IF change is necessary for
political reasons only the President could have
his resignation as soon as the pending business