The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-09-27
M'cARTY SHOULD RESIGN.

IN ALL FRIENDLINEsS and with
l due regard for fairness, The Her
ald would like 70 know why Judge
William NJ. MeCarty Of the Sixth Judi
,cial district does not resign the ONCE
20 which his constituents elected him
two years ago. Judge Mccarty has
been nominated by the Republicans
for the vacancy which is 10 occur on
the supreme court bench when Justice
Miner retires In January Of next year.
Much of his time must necessarily be
occupied in campaigning, as much OF
his time was occupied. prior to the
Republican state convention, in boom
ing his own candidacy.
Il viii be impossible for Judge Nc
Carly 10 give 20 his official duties
that calm, dispassionate attention
which is so necessary In judicial mat
ters. Candidates for Office are nOto-
rlously complalsant, They don't like
10 make enemies and they do like TO
make friends. Judge McCarty may
be an exception TO this rule but his
actions for some weeks before the con-
vention did not indicate II. But, for
the sake OF the argument, The Herald
is willing to admit that Judge Nc
Carly Is the same now that he was
before the supreme court bee first be-
gan buzzlng in his ear.
According 20 long established usage,
Judge McCarty should resign his pres
ent position at once. It has been the
almost invariable custom, among Re-
publicans as we'll as Democrats, for
judges 20 resign Just as soon as they
have been nominated for another office.
The case of Augustus Van Wyck OF
New York is one in point. Judge
Van Wyck held a high and honorable
judicial position when the Democrats
q New York nominated him for gov
ernor. Although he knew the pros
poets for his election were decidedly
unfavorable, he Immediately gave up
his iudgeship.
A more recent case in point is that
Of Judge Pennypaeker Of Philadelphia.
Some months ago Judge Pennypacker
was nominated by the Pennsylvania
Republicans for the governorship.
Within a very few days his resignation
was Ia the hands OF the proper author
tiles. These are honorable examples
for Judge McCarty TO follow. The
prophecies are so clear that The Her
aid feels sure that Judge McCarty
cannot fail to recognize them.
More. he owes something TO his con-
stituents. Only two years ago they
elected him for a term of six years.
He saw a chance to go higher. The
Herald has no fault to find with him
for making the most Of that chance.
but he has no right to hold one posi-
ton and attempt 10 take another at
the same time. There is a bare pos
sibility that Judge McCarty may be
elected 20 the supreme bench. In
Utah politics all things are possible.
Should the possibility become an ac-
tuality Il would be necessary for the
governor 10 appoint a judge for the
Sixth district.
This apDointee would hold Office on
~ until the next regular election. when
the people would again be put 10 the
expense Of choosing a judge. The
man named by the governor would not
be the choice Of the people, who. I'M
der our form OF government, have a
right to choose the members OF their
judiciary, but of the chief executive.
II Judge McCarty resigns now an op-
portunity win be afforded for the peo-
pie OF the Sixth district to choose his
successor without unusual expense at
the approaching election.