The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-06-19
THAT "POLICY" STORM.

JlOFn III Jne size OIL UlS GTeSluGuG anu HIS
encouragement, it viii be because their
hides are so thick that the newspapers of
this country are unable to probe them.
Nothing that has occurred since the in
auguration of this administration has oc-
casioned a greater outburst of indignation
than the driving of judge from the bench
for no other reason than the confessed one
that he was not in harmony with the
policy of the President. Statesmen and
editors see a most dangerous assumption of
power on the part of the executive
in this act, for they realize that
in the absolute freedom of the Judiciary
from dictatiOn and coercion must be main
tanned the liberties Of the people. If the
Judges are to take their instructions from
the executive, there is no safety, and our
courts will necessarily become institu-
tons of oppression instead of tribunals for
the equitable adjustment of disputes and
the guarding of the rights Of individuals.
The newspapers, representing and speak
ing for the people, protest against the
Presidents assumption of imperial author
ity. and the statesmen in Congress viii be
very apt to take up the cry next winter in
behalf of the masses and the judiciary
President HARRISON will be driven to re-
treat from the position he has assumed in
this case, or he will go through his term
without the support of an honest, intelli-
gent following, and we shall not be sur
prised Eif Acknowledgement MILLER's
awkward and impolitic letter will force
that gentleman out of the cabinet. 1t is
being made plain that he is an unsafe man
to stand at the head of the nations law de-
partment
During the past week THE HERALD has
published numerous articles from leading
newspapers of the country, Republican
and Democratic, on this matter. All being
representative journals, they voice the
sentiment of the best people of the nation.
This morning we reproduce more extracts
from eastern papers. The following is a
portion of a communication to the New
York Times from its Washington CORES
pondent. 1t is dated June 9, and the omis-
sions are the letters which passed between
the attorney general and Judge SANFORD,
which have already appeared in THE HER
AID. The correspondent says:
When the Senate comes to consider the nomi-
nation Of CHARLES 5. ZANE to be chief Justice
of the supreme court Of Utah, II may be eX-
peCted there VIII be some interesting discussion
of the Presidents right to remove a judicial
officer, and thorough airing if the correspond
ence that took place between the attorney
general of the United States and the removed
Judge rs to the reasons that impelled the Pres
ident to make the removal. 1t appears from
this correspondence that the President has a
policy" which he expects the Judiciary to
carry out for him, and the lawyers OF the Senate
who find the attorney general so willing to fall
in with the President in carrying out judicial
policy, may prove to be an unwilling body
before which 10 lay the nomination OF W. H. H.
MILLER TO be an associate justice OF the supreme
court OF the United States.
Justice ELLIOT SANFORD had been presiding
in the Utah supreme court. He had been an ac-
ceptable Judge TO the Republicans and the De
mocrats alike, except TO Judge ZANE and those
persons who thought that the United States
ought to run the supreme court according TO
policy rather than according TO law. The
first intimatOn that Judge SANFORD had of
the Presidents intentions was the receipt of u
letter writer May 10, by Attorney General MIL
LER, at Washington, in which he was directed
by the President to advise Judge SANFORD
that in his opinion the public interest will be
subserved by a change in the Office of chief
justice IN Utah, and this being so he would be
pleased TO receive your resignation as such chief
Justice
There was fight over Judge SANFORD in
Utah, and upon the receipt Of this request from
the President for his resignation Judge SAND
FORD consulted with his friends To have re
tired without murmur and without apparent
reason would have furnished the opponents of
Judge SANFORD with an opportunity for de
claung that all the accusations they had made
against him were admitted In order 10 learn
whether there was any reason to be assigned for
his displacement Judge SANFORD wrote on
May II a letter to Attorney General MILLER. In
il he said:
Judge SANFORD also informed the attorney
general that he hand considered the matter of
resigning in March last, but that letter OF
resignation prepared by him had been withheld
at the urgent solicitation Of Republican and
Democratic members of the Salt Lake bar.
But the President had decided upon the re
moval, and the answer Of the attorney genera
went back to Judge SANFORD the same day
that he was removed. This letter is certainly
remarkable. If anything was needed to prove
the assertion of the rienuS of the President that
Mr.. MILLER Is no politician this ought to
supply the want He wrote: The
startling discovery that the President has "a
policy for the judiciary has not yet apparently
attracted attention out of Utah. Judge SAND
FORD was not accused OF falling short OF or of
exceeding the laws The bar of the territory
and of the country Will naturally wonder
whether the President will have policy" for
Judge ZANE that will be superior to the law.
viii the President make a policy for Judge
ZANE that Will expose the judge and the Presi-
dent to impeachment 1t has struck some Of |
the Utah people that the President, by his re
movaI of Judge SANFORD and the appointment
of Judge ZANE to carry out policy" has Sug- !
gested that the courts may be made dangerous
and QeSplcaDle as I0e creatures OF an executive
instead of the administrators of the law.
1t is not forgotten that Acknowledgement MIL |
LER has been spoken of, in the President home |
paper, the utteranceS of which are taken as
semi-official on many matters, as likely TO be |
nominated 10 the vacant place on the supreme |
court bench. How will the nomination strike |
the lawyers OF the Senate in the light OF the let
ter explaining to Judge SANDFORD his removal |
in order TO make a place for man who can be |
depended on to carry out policy from the |
benchY The suggestion that the President can
properly dictate policy" for the supreme /
court OF Utah may be followed, before long by |
the appointment OF somebody who will consent |
TO the dictation Of policy for the supreme |
court OF the United States. II the President !
may dictate policy" for the Utah court, there |
should not run the supreme court at Washing |
ton to carry out more extensive policy. The |
question is the same, and it would appear that |
II he has any policy he wishes 10 impose upon |
the supreme court, he could not do better than |
TO appoint Mr.. MILLER to fill Judge MATTHEW'S |
place, as he has so gracefully acquiesced in the |
Presidents dictation Of policy for the chief |
Justice in Utah.
Judge SANDFoRD did not leave his place on
the bench without sending parting word to |
The President 1t was not an impudent or an |
q ny letter in its language. The President has |
not yet fit to give it out at the White house
soft is reproduced here in order to give the |
newspaper reading public an opportunity to see |
what sort OF reply removed judge may
make:
The communication closes with the ad- |
mirable but cutting letter with which Chief |
Justice SANFORD acknowledged his re-
moval. That mastery little epistle is des-
tined to bring the late chief justice more |
fame of the right kind than he could have |
achieved in a full four years term on the