The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-06-15
A "PoLICYn FOR THE BENCH.

A "POLICY" FOR THE BENCH.
One of the worst breaks this admins
tration can be expected to make was the re
moval of Chief Justice SANFORD, OF the
Supreme court of Utah. The removal was
had in itself. because there was no Occa-
sion for it. the Judge having performed his
duties in a way to command the respect and
confidence of all with whom he came IN
contact. 1t was worse because the Presl-
dent had no right under the law to remove
a Judge except for cause. Theremoval was
an arbitrary assumption Of authority and
power not warranted by the statute. And
above all, the removal was vicious in this
that the President openly asserted that he
turned Judge SANFORD out because the
latter's administration was not in harmony
with the Presidents policy" General
HARRISON thus asserting the right to die
tate to a Judge on the bench as to the
latter's Interpretation Of the law. The
HERALD knew that if the remarkable cores
pondence which passed between the at
torney- general, the President and Chief
Justice SANFORD should be laid before
the public, there would arise something Of
a storm. The people of this country do
not take kindly to the proposition that
Judge is subject to any dictation. The
popular theory is that Judge on the bench
is supreme, taking orders from nobody and
needing no other instructions than those
framed in the law. Such a thing as a
Presidents policy to be carried out by
a Judge was unheard of until it was ad-
vanced by the President and the attorney
general in this case. Naturally
there would be alarm at the ad-
vancement of such a proposition
Well, the storm has begun and it is not
likely to end this side of the United States
Senate THE HERALD will confess surprise
if President HARRISON and his attorney
general are not made exceedingly uneasy
before they hear the last of this business of
debating policy to be pursued by
Judge The New York Times, the great
Republican newspaper of the country, is
prompt TO take the matter up. In its issue
of the 10th instant, its Washington repre-
sentative gives the substance of the cor
respondence referred to, and the editor
makes the matter the subject of an article
which sounds the alarm to the country.
The editorial appears under the head Of
"A Policy for the Bench" We repro.
duce it below, that our readers may know
how one of the leading journals of America
regards the matter, which is Of so much
concern to the people Of this territory:
About two weeks ago the President removed
from office ELLIOT SANFORD, Chief Justice of
the supreme court OF Utah, and appointed
CHARLES 5. ZANE to be his successor. The cor
respondeLce relating to this removal is pub
lished in our Washington dispatches this morn
On May 10 Judge SANFORD was informed by
Acknowledgement MILLER that the President
would be pleased TO receive his resignation
because it was the Presidents opinion that the
public interest Will be subserved by 4 change in
The Office In reply Judge SANFORD inquired.
on May r. whether he had been accused of mis-
conduct or malversation in office, and remarked
thatif charges had been preferred against him
it would be 'unwise, unbecoming and improper
for him to resign until they should have been
proved or disprOveG. He also said:
4 may add that II a change is necessary for
political reasons only, the President can have my
resignation as soon as the business of the court
and the proper disposition of matters now pend
ing before me VIII permit
1t appears that he had intended to resign in
March, and had written his resignation at that
time, but had been induced to withhold il lat
the urgent solicitation OF several prominent
members of the Salt Lake bar, both Republican
and Democratic In due time the mails brought
TO him the following letter:
DEPARTMENT OF JUSTICE,
WASHINGTON, May "a, 1889.
THE Hon. Elliot Sanford, Chief Justice Utah
Territory Salt Lake City, Utah:
SIR: Your letter OF the 18th inst, in reply to
mine Of the 10th inst, informing you that, in the
opinion of the President, the public interest
would be subserved by q change in the Office OF
Chief Justice OF Utah, and that he would be
pleased to receive your resignation of that Office
Answering the same, beg to say that there
planning OF the manner in which your judicial
duties are discharged. Independently of these
particular complaints however, the President
has become satisfied that your administration of
the office was not in harmony with the policy he
deemed proper 10 be pursued with reference to
Utah affairs, and for this reason he desired to
make change, and out OF courtesy gave you N
opportunity TO resign.
As you did not see iii to embrace this oppor-
tunity, the President has removed you and APP
pointed your successor Very espectfullyyours
w. H. H MILLER,
AttOrney-G General
With this remarkable letter came notice of
removal, signed by the President. Judge SAND
FORD replied that his earnest purpose while on
the bench had been ITO administer justice and
the laws honestly ana impartally to all men. "
IF the President of the United States" he
wrote, has any policy which he desires a judge
of the supreme court TO carry out in reference to
Utah affairs other than the one have pursued,
you may say to him that he has done well to re
move me-"
It is disclosed in this correspondence that in
the opinion OF the President Judge may with
propriety carry out, in the discharge of his duties
on the bench, a policy defined by the head Of
the executive branch of the government, and by
that head regarded as proper to be pursued -
that il Judge does not carry out that policy
whatever it may be, the President can with
propriety remove him and appoint in his place
a Judge who win make the policy his own Il
seems to US that this IS a new and rather start
ling doctrine rs TO the duty of a Judge and the
powers OF President. II has commonly been
held that the duty of judge is to interpret the
law and dispense justice in accordance with its
provisions. policy" may be embodied in
new legislation but II Is not the duty of Judge
10 pursue any policy that is not set forth in
the laws that he finds 20 be in force and with re
spect to which he acts.
We are not informed as to the nature of the
complaints against Judge SANDFoRD that have
been sent to Washington. Possibly they are TO
the effect that in certain Mormon cases he has
not exacted the maximum penalty permitted by
the laws. 1t will be noticed, however, that he
was not removed on account of these complaints,
but because the President has become satisfied.
without reference TO them, that his administra-
ton was not in harmony with policy" defined
al the White House. This correspondence will
he carefully considered by the Senate when it is
asked to confirm the nomination of Judge ZANE.
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