The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-06-04
JUDGE SANFORD AND THE PRESIDENT

JUDGE sANDFORD AND THE PRESIDENT
Ten days ago there came over the wires
the announcement that CHARLES S. ZANE
had been appointed chief justice of the
supreme court of Utah. When the people
read the news in their morning paper they
were all astonished and great majority of
them were chagrined. 1t was known that
determined effort had been made in be
half of ZANR, but there were few who be-
Iieved it would succeed. The public quite
generally was against him; fully half the
members of the local bar openly opposed
him, and innumerable letters and
protests, all setting forth good and
what should have been regarded
as sufficient grounds for the de-
nial of his appeal for the Office, had been
sent to the President, to the attorney gen
eral, to Senators and supposedly infiuen-
tial men. 1t was not deemed probable that
the appointment would be made in the face
of the showing that had been presented.
Furthermore Chief Justice SANDFoRD's
course on the bench had been marked by
such ability, integrity, justice and fairness
as to leave the gentlemen absolutely I'M
assailable by any person of intelligence
and honesty. Nothing could be brought
against him, and it was not thought that he
would be disturbed especially as the right
of the President to remove territorial
Judge, except for cause, is doubted, the
reading of the law being against the
proposition.
Under the circumstances there is little
cause for wonder that the people were
astonished when they read of the change.
They have not yet gotten over their sur
prise, for nothing has come out which in
any manner explained the matter or threw
light upon it. The wires brought nothing
beyond the bare announcement of ZANE's
appointment and Chief Justice SANFORD,
with characteristic reticence and conserva-
tism, declined TO talk with the reporters.
II is due to the public that all should know
the facts, and THE HEEALD, this morn
ing, gives the first installment of in
formation, in the form of the cor
respondence which has passed between
the authorities at Washington and the
late chief justice. This correspondence on
the part Of the President and his attorney
general is remarkable, to say the least and
to the minds of lawyers and judges, will
be astonishing. It will not be at all re.
assuring to intelligent persons that the
men who stand at the head of the nation
can assume the position occupied by HARRI-
son and MILLER in this case. 70 make
the record complete, the correspondence is
published il its order. The first intima-
tion which Judge SANFORD received that
his course was not approved at Washington
was the following brief communication:
DEPARTMENT or JUSTICE, I
WASHINGTON May 10, 1889.
Hon. Elliot Sandford Salt Lake City, Utah:
SR-I am directed by the President TO advise |
you that in his opinion the public interest VII !
be subSerVed by chaHyg II The oittes OF chief I
justice Of Utah. and tbs being Sc, he would be |
1Sased to secri4e Yeur resignation as such eh!st
justice
Trusting that we may hear tf0ri v6a soon, l an,
With. MILLER,
Attorney Genera.
AS many Of Judge SAyDFoRD's friends
aye aware, the gentleman contemplated re
signing early last spring, bp. as scandal /
Gus fight against aim was being waged by
the supporters Of Judge E4SE, Judge SAND
FORD was prevailed upon to remain, the |
argument employed being that his retire
nent would be confession of inability to |
stand up under the fire of those who had |
nothing against him beyond the bare fact |
that he was occupying place wanted by |
ZANR The receipt of the above naturally |
placed Judge SANFORD on his metal, for |
there was an intimation in it that the vague |
and indefinite rumors which had been cir |
hot aba bad
or would be preferred against the Judge, |
had assumed shape in the formulation of |
accusations which had influenced the Pres
idept. The Judge, therefore, asked in
formation in the following letter, at the
same time, as true Democrat, expressing
his willingness to retire if his Office were
wanted for political reasons:
SUPREME COURT OF UTAH TERRITORY,
SALT LAKE CITY, Utah, May H. 1899.
Hon. w. H. H. Miller, Attorney General U. S.
A:
SIR:-I am in receipt of your note of the 10th
inst, in which you state that in the opinion of
the President, the public interests will be sub
served by a change in the office OF chief justice
Of Utah, and that he would be pleased to receivs
my resignation Of that office.
In reply beg to inquire whether there are
any charges of misconduct malVerSatiOn in
Ofice, or any complaints preferred against me.
I
with me that it will be unwise, unbecOming and
improper TO resign the office of chief justice until
they have been either proven or dlsproven and
disposed OF.
VIII you do me the favor to inform me at
date as early as possible as TO this fact, that
may be advised as TO any conduct on my part
that renders change in the office of chief justice
necessary or desirable:
NAV add, that if a change is necessary for
lokiticdt 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 will permit.
II will not be improper for me TO now state
that nv resignation OF the office was considered
ip March last while in New York, and a resigna-
lion was written TO be sent to the President, but
il was, at the urgent solicitation of several prom
inent members OF the Salt Lake bar both Re
publican and Democratic, withheld
! am most respectfully.
your obedient servant
ELLIOT SANFORD. /
To this frank, firm and manly letter
comes the following, which we respectfully