The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-06-26
THE JUDICIAL POLICY.

THE JUDICIAL POLICY.
THE HERALD does not expect to repu0hsh |
all that the newspapers Of the country say
in denuneiation Of the removal OF Chle1 |
Justice SANFORD The undertaking would |
be too great for US, so much has been said |
on the subject. We have reprinted many
columns of editorial comment, selected
from representative journals throughout
the republic, merely to show with what
alarm the moulders OF public opinion view
an attempt by the executive to interfere
S-ith the duties of the judiciary, and with
what earnestness and determination such
interference is resisted. The Indignation
has been so intense that it is apparent that
the people will not submit to the dictation.
The warning having been sounded, General
HARnIsoN will never again assume
the right TO do what he has done in this
case. 1t may well be imagi1ed that he
wishes he saw his way clear to che out
come of the present unwarTanted action.
This morning The HEEALD reproduces
extracts from editorial articles in certain
heading journals. 1t viii be seen that they
are in the same vein as the many articles
which have heretofore been printed in
these columns. The first is from the
Brooklyn Eagle, onc of the foremost news
papers of New York:
Mr.. GEORGE W. CHTLDs severely rebUkes At
torney' General MILLER for his recent letter to
Chief Justice SANpFORD, of Utah, informing the
chief justice that he was removed because his
admins tratiOn of the office was not in harmony
with TIE Presidents policy. Mr.. CHIIDS thinks
il not the uuty of the chief justice TO consult
the Presidents policy, but TO interpret The laws,
and that such a letter as the one written by the
attorney general is u direct blow at the indepen-
dence OF the Judiciary. He adds: II there is
anything OF a nature To help the executive in
this matter it had better be brought promptly to
the front" Mr. CHILDS symptoms are Danger
ots. There is no telling at what moment he
may become a Mugwump.
On the 18th instant the editor of the
Omaha Herald under the head THE Kind
of Material MILLER is" was only Justly
severe on the President and the attorney
general in the following. The letter re
ferred to, which is omitted, is the one in
which MILLER said SANFORD was removed
because his administration was mot in
harmony with the policy the President
deemed proper to be pursued with refer
ence to Utah affairs
MT. MILLER, Acknowledgement bN virtue OF ms
former business relation with BENJAMIN HAIR
RISON, and understood to be the President IA
VOrite candidate for the vacancy on the supreme
bench, has not only aided in putting President
HARRISON In q most unfavOrable light before
the country, but has also given the people of
the Uu.ted States 4 timely conception
Of what MILLER on the bench would con
slider his duty-CUuSlrulng the law INTO harmony
with HARRISOES policy" Consider well
candidate whose views of the judiciary are such
as to inspire such d letter as this: 3
r1.nl14r
bench would act III cOnSOnance with the Presi-
tial policy and, he is pretty certain to be
chosen, that President HARRISON will encroach
politically upon the national supreme bench as he
has upon the territorial supreme bench in Utah
by removing SANFORD and making way for
ZANE.
The Nashville american which is con-
ceded to be one of the ablest and most in
huential journals in the south, devotes a
column to the case, discussing it in clear
and comprehensive manner, and without
abuse. Among other things it says:
II President HARRISON desires to maintain
any show Of respect for his professions AID
promises: if he wishes to throw any covering
whatever over the indecent naledneSS Of his
prostitution OF the appointing power to the
worst ends Of the lowest parti5aniSm, he should
instruct his cabinet officers and heads of de
partments TO observe some sort of discretion in
their public utteranceS concerning his policy
IN the face Of the Presidents declaration that
he would make no removals for mere partisan
reasons we have seen designations demanded
for the bluntly stated reason that the office was
wanted for Republican, and this coupled with
tribute to the character and efficiency OF the
officer whose resignation was asked.
The most fragrant case, however, yet made
public, is the removal of ELLIOT SANDFORD. chief
justice of Utah. Judge SANDFORD'S resignation
was asked by the attorney general for the rea
sOn that the President thought 80 the public in
terest would be subserved by change in the
office" This demand was very vaguely worded,
but it conveyed a distinct intimatiOn Of miscon-
duct or inenlciency, and Judge SANFORD prop
erly refused TO comply with the request unless
informed OF the reasons for which il was asked,
saying that if charges had been preferred
against him he could not afford TO resign until
they were proved or dlSprOVed; but that if his
resignation was desired for political reasons
only he would promptly accommodate the
President in his desire TO this the attorney gen
eral made the following remarkable reply:
In this matter the attorney general merely men
lions the fact that papers are on file complain
ing Of the manner in which Judge SANFORD !
has discharged his duties, but the nature of
these charges whether they are supported by
evidence and believed to be true, and whether
they are, in themselves, of a character Suff.- |
ciently grave to justify the removal Of judicial
officer does not appear, Evidently the Presi- |
dent and his encouragement attach no i'm |
portance thereto, for with this mere incidental |
mention the letter proceeds to state that the |
President has become satisfied that |
q your administration OF the Office was |
not in harmony with the policy he |
deemed proper 10 be pursued with regard 10 |
Utah affairs" The fatal indscretion in this lei /
ter is apparent at a glance. independently of |
all charges concerning the discharge CT his udi |
cial duties there is u variance on question of |
policy. Judge SANFORD was quick to turn the |
laundering and stupid candor of the attorney |
general against him. He replied that he had |
conceived 1t to be his duty as chief justice TO ad
minister justice and the laws fairly and impari-
ally TO all men, and that if the President had any
policy other than this which he desired a chief |
justice OF the supreme court TO carry out in re-
ference to Utah affairs he had done well TO make
. change.
President HARRISON as his own attorney
general bears Witness proposes to find other du-
ties for judge beyond those provided by law
and covered by the oaths Of office He must
not feel that just and equal administration of
the law will be regarded as satisfactory dis
charge of his duties. he not only has TO inter
pnet the statutes and dispense justice according
to law, but must make himself subservient to
the policy" outlined to him by the President.
What has judge upon the bench to do with the
Presidents policy or any other policy except
such as he may find embodied in the Constitu-
lion and the lawsI
SFuON CAMERON who is now on his death |