| Show the bad H made by deig harrison ay iy nis POLICY TO tiby BENCH A vicious removal eliat ia universal ay iy denounced jome me ago the ENQUIRER published in fulche correspondence between chief josf 6 handford yand ford of the supreme court and the secretary of the state alien ien tiie latter requested in behalf of president ll anison for the resignation if judco edfurd we started at the fauni the demoval was an arbitrary of authority and power not juanic l by the alai ute and so ex pr rl fun fiver we felt eliat the of president II arrison in removing judge sandford would be uni vernally vera ally condemned and we are glad to see that such is the case As remarked by an exchange the popular theory is that a judge on the bench is supreme taking ordera from nobody and heeding no other instructions that those framed in the law such a thing as a presidents policy to be carried out ay a judge was unheard of until it was advanced by the president and the attorney general in this case naturally cheru would be alarm at the ad 1 such a proposition the new york times the great ee publican newspaper of the country is prompt to take the matter up in its instant its washington representative gives the substance ot alie correspondence referred to and the editor makes the matter the subject of an article which sounds the alarm to the country the editorial under the head of A policy fur the bench wo reproduce it below that our readers may know how one of the leading journals of america regards the matter which is of so much concern to the people of this territory about two weeks ago the president removed from office elliot sandford chief justice of the supreme court of utah and appointed charles S zane to oe his successor the correspondence relating to this removal is published in our washington dispatches this morning on may judge sandford was informed by attorney general miller that the president would be pleased to receive his resignation because it was the presidents opinion that the public in would be sub served by a change in the office in reply judge sandford San Jford inquired on may whether he had been accused of misconduct or in office and remarked that if charges biad been preferred against him it would be unwise unbecoming and improper for him to resign until they should hayfi been proved or disproved he also said 1 I may add that if a change is feces joi carz reasons only the president can have my resignation as soon as the business of the court and the proper disposition of matters now pending before me will permit it appears that he had intended to resign in barcli and had written his resignation at that time but had been induced to withold it at the urgent solicitation of several prominent members of the halt lake bar both republican and democratic in due time the mails brought him the following letter OF JUSTICE washington may 24 the hon elliot sandford chief justice utah territory salt lake city utah sin your letter of the dinst in reply to mine of the dinst informing you that in the opinion of the president the public interest would be sub served by a change in the office of chief justice of utah and he would be pleased to receive your resignation of that office is at hand answering the same I 1 be tor eay i that there are on file in this department some papers complaining of the manner in which your j uricial duties are discharged independently of these particular complaints however the president has become satisfied that your administration of the office was not in harmony with the policy lie deemed proper to be with reference to utah affairs and for tins reason lie desired to make a cliance cl iange and out of courtesy gave you an opportunity to resign As you did not see fit to embrace this opportunity the president has removed you and appointed your successor verv respectfully yours W H II 11 attorney general with thia remarkable letter came a notice of removal signed by the president judge sandford replied that his earnest purpose while ou the bench had ben to administer justice and the laws honestly and impartially to all men if the president Pre aident of alie united states lie wrote has any policy which ho desires a judge of tho supreme court to carro out in reference to utah affairs other than the one I 1 have pursued you may eay to liim eliat he has done well to me it is disclosed in this correspondence that in alie opinion of the president a judge may propriety carry out in ahe discharge of his duties on the bench a molicy oo licy defined by the head of the executive branch of alie government and by eliat licad regarded as proper to be pursued that if a badge does not carry out that policy whatever it may be the president can with ty remove him and appoint in his place a judge who will make the policy his own it seems to us that this is a new and rather startling doctrine as to the duty of a judge and th powers of a president it has commonly been held that the duty of a J adge is to interpret he law and dispense justice in accordance its provisions A policy may be embodied in new legislation but it is not alie duty of a judge to pursue ny policy that is not set set forth in atie laws eliat lie finds to be in force and with respect he acts we are not informed as to the nature of the complaints against judge sandford that have been sent lo 10 ington possibly they are to the effect that in certain mormon cases he has not exacted the maximum penalty permitted bv the law it will be noticed however was not removed on alie account cf aliese complaints but has become satisfied without reference to them that liis administration was not in harmony with a policy defined at the white house this correspondence will be carefully considered by the senate when it is asked 0 o confirm the nomination of judge zane hero is the leading editorial in the new york evening port of the dinst it will be borne in mind sus the salt lake herald eliat these journals are not nelv Ue publican in politics but are in the very first rank of american nea spa pers other journals of less power aud influence are talking of the political outrage of removing movine re a judge because he looked to the law for liis direction in etca I 1 of taking orders from the president as to alie policy to be pursued after tho press lias ventilated the matter the united states senate will be very apt to take the subject up and let alie president and liis attorney general know that it will not do for the executive to dictate a policy to alie judiciary here is what the evening post says the presidents attorney general was unfortunate to say the least in stating alie reasons for lie removal of elliott Saud foid chief justice of the supreme court of butali judge sandford was informed on may 10 bv the attorney gen erol that iho president would be pleased to receive his resignation since in the presidents opinion the dubuc interest would be sub served by a change in the office the judge replied asking whether he had been accused of misconduct or in office and say aug that if charges had been preferred against him be unwise c lining and improper for him to resign datil they were proved or disproved in response to this inquiry the judge re reined from the attorney general a letter of which the following is the main portion we quote from tho times which reproduces the full correspondence this morning 1 I be to sav that there are on file in this department some papers complaining of the manner in which your judicial duties are discharged independently of se particular complaints however the president has become satisfied that your administration of the office was not in Ii armony with ajic policy tie deemed proper to be pursued with reference to utah affairs and for this reason he desired to make a change and out of courtesy gave vou an opportunity to resign |
