The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-02-14
OPPOSING JUDGE BLACKBURN.

LII seems that certain lawyers of tn,
First Judicial district and some in this citv
nave sent to Washington a paper protest
ing against the confirmation by the Senate
Oh the nomination of Judge BLACKBURN Fl
De associate justice of the supreme court OF
tnls territory. The gentleman is opposed
so the kilograms say, on the ground of in
competency. We don't know who the
slgners OF the protest are, nor does it mat
Ter much who they are; we predict that
bhey VIII fall unless they can present
something else as basis for attack
1ncompetency, 1t may be remarked
nas never been regarded either
by the appointing power or by the United
States Senate as a disqualification for
district judgeship in this territory. The
ground has been alleged and the fact es-
IaoIlshed on many occasions, but never in
our recollection has it been needed nv the
PRESIDENT or his advisers in the premises
III lncompetoncy had been a bar to the
once, how was it that d. r. EcKLEs was
cnlef justice! that P. E. BRoccHUs was
associate iusticee that w. w. DRyMMoSp
that j. CRADLEBAUGH, that THOMAS T
DRAKE, that o. f. STRICKLAND. that G. M
ihA"hEf' That j. S. FOREMAN have
oeen associats justices! That 10
horant old MICHAEL SCHAEFFER was
chlet Jastices That STEPHEN p. Tw1ss
whose opinions from the bench used to he
followed by the explanatory remark that
this may not be the law in the case bnt
Ihlnk 1t Is; 1t is at least my best guess ,,
was associate justices That THOMAS AN
DERsoN Is now an associate. There were
doubtless others who secuted the iucom
potency disqualification idea but these
names occur to US readily. Again. have
not members Of the bar yet learned that
protests from attorneys to Republican
Senate against Republican Judge
nominated by a Republican Presi-
dent, are regarded by the dig
nitied members of the Ameri-
can house of lords, as in the
nature of impertinence? If our LAWYERS
have not learned this, it is because thew
have either kept their eyes and ears closed |
TO events or are absolutely without |
memories
when Judge BLACKBURN received the |
nomination it is presumed that every mem
Der OF the bar, the gentleman named in
GUIDED, was astonished if not astounded.
but having gotten onto the bench. we must
regard the judge as safely seated during
the lifetime of the present administration
1t was Republican politics which pomi-
mated him and it is Republican politics
which will keep him in place. 1t is pos
sloie that he is not competent as the pro-
testers allege, but his incompetency does
not affect those who brought abont his
elevation, nor does it concern the United
States Senate.
Neither Judge BLACKBURN nor those
who are protesting against his confirma-
ton must infer from the above that TFr .
HERALD is taking sides in this matter We .
are merely stating a historical fact which !;
Is That lncompetency has never been re- ,
garded as IN the nature of a disouali6ca-
ton for iudgeship in Utah. Another !,
fact may be mentioned in this :
connection. Only one nomination to the :
Utah bench has been defeated through
and efforts from this end !,
'f the line, and the opposition in that case :,
was not based on incompetency. =