The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-06

legislature was I'm session, during the
pcndcncy OF the Sunday-clo law, and
IaIor, az a supreme court Judge, was
called upon aud did sit In Judgment on
the bill passed by that body. as appears
In the case OF the State Of Idaho VS.
693.
Decided in His Own Interest
only two years ago Justice Aisbic sat
In case wherein his own political for
tunes might be affected by any decision
the court could render.
TWO Democratic state parties appeared
before the supreme court. of which hc
sat rs a member. oach asking for roCOc-
milton rs the Democratic party Of Idaho
One in its platform favored the enforce
men, OF the state constitution against
clals on rs state ticket, including a can
didate for supreme court Judge. The
other ignored any reference Ia tho en-
forcement OF the state constitution
against the Mormons and had a state
ticket, excepting only u candid9e for SUI
prcme court Judge
nominee OF his dhe Republican, party
for the office OF supreme court Judge
with these conditions existing, and no
law under the statutes Of Idaho or her
constitution Tor an appeal from the
tribunal Justice Ailshie sat in judgment
and helped make UP 4 verdict In favor OF
that faction OF The Democratic party
which had no candidate against him for
the high office Of supreme court judge.
and as result OF the ensuing election he
IS now serving, the great state OF Idaho
in this distinguished judicial capacity.
A Precedent Cited
In respect TO his recent refusal to be
interviewed, Of his prejudiclal pronounce
ments on matters likely to appear before
him for Judgment, and Of his extreme
alacrity to sit in the determination OF a
case which affected his own exchequer to
the amount OF $50. 900 in salary, / re-
spectfully submit the following Kansas
shown by the Fifty-sixth Pacific at page
1856 which law Is respectfully donated to
Justice Ajlshie with the ardent hone thaA
his refusal to be interviewed on the scope
of the direct primary law marks the
tardy dawn of brighter day i'm his ca
reer for those who deplore either the
comminGling of the three departments OF
state or the improperly OF a Judge serv-
ing in case In which he might have a
financial or political bias:
IF the statute were silent on the sub
ject the judge would nevertheless he dis
qualified TO act 1t is IL rule OF the COM
mon law and a principle of natural JUS
tice that no man shall be Judge in his
OVID case. or in one in which he may have
pecuniary interest IT has been said
that the learned wisdom of enlightened
nations and the unlettered IDEAS OF ruder
societies are in full accordance on this
point. The principle of law which in
capacltates person from being judge
i'm his own cause is extended so far AS TO
dlsqualify Judge who may have been
Of counsel of one OF the parties in Ne
case. 1t is the purpose of the law that
no judge shall hear and detcrmine a
case in which he Is not wholly free. dis
Interested. impartial and independent
Next In importance 10 the duty OF rem
dering a righteous judgment Is that OF
doing it in such a manner as will bcGet
no suspicion OF the fairness or Integrity
OF the Judge"
Indiscretion Will Out!
lndiscretions in official conduct will
out. They may be hidden for a period
of time from the gaze of the public,
but ultimately the curtain is pulled aside
and the people given opportunity 10 re
| view their acts which the official had
supposed would not be exposed. LeGisla-
tors have been finding easy access to
members OF the Idaho supreme court for
| decisions as TO their View OF proposed
| legislation. state officers have found
| easy admission To the supreme court for
| opinions as 10 how this or that law. In
| case Of test would be construed.
This is nagrant departure from the
| spirit OF our constitution and the people
OF that portion Of Idaho where The 1rib-
une rIrculatcS are righteously indignant
| over the existence OF such error.