The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-06-23
PILING 1T UP.

all these articles coming from prominent
representative journals. The Democratic,
the Republican and the Mugwump papers
have been quoted freely, and almost with
out exception they condemn the President
and his attorney general in most emphatlc
terms. It is remarkable that the press OF
a great country like this, without regard
to politics or parties, should be so nearly
united on any question; but it is more re
mar.kable that the executive OF the nation
should begin his administration with an act
that would call forth such universal con-
demnation. When The HERALD, which
first published the correspondence between
Judge SANFORD and the attorney general,
said the letters would create a sensation in
the United States, this paper was sneered
at by the local -ule-Or-ruin ring which
seemingly lost its head in the joyful lntoXl-
cation which the appointment OF Judge
ZANE gave The ring had no idea that
there would occur anything of storm over
the affair. and could not believe that great
newspapers would take up the case Of the
removal of Judge in one of the distant ter
l-itories. As tie structures and deEuncla-
tions came in, column after column,
the biggest and most influential news
papers of the country being most vigorous
and earnest in their comments, the ring
began TO change its opinion, and instead OF
sueering at TIE HERALD's prediction, 1t
admitted that this journal was somewhat
familiar with the temper and the watch
fulness of the American press. The storm
continued, until it became deluge, and
there was no more laughing in the ranks
of the gang. To-day there is trembling IN
the ranks of the circular combination.
There is a looking ahead to next December,
and an ill-concealcd fear that the Senate
will undo the bad work of the President, or
at least will not assent to it, which
will be much the same thing
Everybody now understands that
the Senators viii not pass by in silence the
circumstance that a man is placed upon the
bench because he is in harmony with the
Presidents policy and the fellows who
were rejoicing three weeks ago over what
they regarded as a great victory, are
troubled over the prospect Of an ugly defeat.
Below we reproduce more extracts from
the editorial comments of prominent
journals. The first is from the Springfield
Mass Republican, one of the foremost
uevspapers Of New England. Its name
implies its politics.
The re-appointment Of Judge ZANE as chief
iustice Of Utah would not have attracted much
attention in the territory or out of it ii the term
of his predecessor. ELLIOT SANFORD, had eS
pired AS il is many Republicans and Demo
Gratis at salt Lake city have been curious
enough to bring pI assure upon Judge SANFORD
ff,.af a the nuDllc. which he has
done He says that Immediately after the in
auguration of HARRISON he prepared his letter
of resignation, but dld not send II 10 Washing
ton because members of both parties overper
suaded him. In the early part of May, AttOr
ney-G General MILLER wrote him by direction of
the President that the public interest demanded |
a change and asking for his resignation. Judge
SANDFORD in reply inquired whether there had |
been any charges of misconduct or malversa- |
ton in Office lodged against him, and added that
if his resignation was for pOhucal reasons II |
would be duly sent. Mr.. MILLER then wrote him |
stiff note of which the following |
is the material part:
Judge SANDFORD'S acknowledgment was quite |
as caustic If the President of the United |
States he said, 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 administering Justice and !
the laws honestly and impaTtially TO all men') |
you may say TO him that he has done well to re
move me-
The removal OF a postmaster and the removal |
of the chief Justice of territorial court are two
very different things. 1t is serious business for
a President of the United States to give notice |
to Judge that his administration of the office
is not in harmony with the executive policy.
The policy of Judge is limited by his oath to
of law; any other pressure
is assumption and improper interference.
No one charges upon Judge SANFORD
misconduct in office. If there had been overt
charges, Mr. MILLER would have been only too
eager TO specify them. 1t IS not the habit OF
Presidents of the United States TO furnish
federal judges with policy. That is the pro
vince and function of Congress. English Kings,
we are told, in the olden times, occasionally
went into that sort Of business, and we are told
also what the results were. Nothing touches
quicker the honor and sensibilities of a judge
than political pressure from an executive
officer and the fact that Mr.. HARRISON does not
realize the improperly of debating policy to
the judiciary in another instance of that de-
which always follows the close and
protracted study of political effect IN the par
iisan apportionment of official patronage
The Boston Herald, the great independ-
snt newspaper of New England, under the
head, "a Poor Excuse" says:
ut is only natural that the letter of Attorney
General MILLER in removing Chief Justice
SANDFORD OF Utah from his position on the
bench of that territory should occasion
adverse comment. Mr.. MILLER said; THE
President has become satisfied that your ad
Of the office was not in harmony
with the policy he deemed proper TO be pursued
with reference 10 Utah affairs, and for this rea-
son he desired 10 make a change" This is not
4 discreet remark, and it was unfortunate, both
FOR Mr.. MILLER and the administration with
which he is connected, that discretion is not one
Of his strong characteristics. The functions Of
! Judge are not to have policy, or TO assist in
,arrying out policy, but to fearleSsly and i'm
partially administer the law. If Judge SAND
FORD has been derelict in his duty, his resigna-
ion should not have been demanded, but he
should have been peremptorily discharged, and
hat, too, not on question OF policy but be-
,ause of the necessities of good government.
There are some excuses that are worse than
and this one made by Attorney
General MILLER may be classed in that cate
yorJ.
In its issue of the 18th, the Burlington
'IoUa) Gazette, one of the most influential
newspapers in the state named, has an edi-
;orial on ''Law-Partner Miller" called !
tut by the announcement that the at
ney-general is to be elevated to the su-
,reme bench. The article closes as follows
That the appointment will be an unfit one is j
evidenced by the course taken by the attorney 7
reneral in the removal OF the Hon. ELLIOT |
SANDFORD from his position as chief Justice OF |
Utah territory In the letter removing Judge {
SANDFORD he assigned as a reason, and with it
lis tact approval that the President had be-
,ome satisfied that the administration OF the {
,hice was not in harmony with the policy ,
leemed proper TO be pursued with reference to |
Utah affairs, and that the appointment OF JUS
ice more in accord with the Presidents ideas /
vas deemed essential.
That the President has no right TO dictate or S
Interfere with the independence OF the bench, or S
o assume to con rol its policy is evident and =
he placing upon the highest tribunal of the /
ountry q man who could recognize or admit {
uch right would be unfortunate if not worse I
The Chicago Times of the 18th instant also /