Show UTAH JUDICIARY everybody is satisfied with the proverb that doctors and lawyers disagree satisfied we should add with the truthfulness of the proverb only but hut not ot with the results of that fact for every development of the proverb is invariably at the expense rot of some person else than the person who vrho should really bear it were the disciples of BI blackstone castone and jascu lapius like other tradesmen artists or professional fess ional men punished by their own igloi agnor atlee anne their differences might be amusing where they now are painful and those differences feren ces would probably be sheltered by the silence generally accorded to professional incompetency but as it is everybody claims to handle both unceremoniously with this view of things 0 the carson ter enterprise of march ath publishes lishes a communication of two and a 3 halt hait columns len ien lenth length th on the utah judiciary in which the contention heretofore existing between judges flenniken flen FIen niken and cradlebaugh over the carson bench changes 0 into the consideration of who is the rightful claimant for associate judge ohp sh p in this territory their honors lenni flenni F ken hen or crosby the consequences of the first contention were nigh becoming fearfully serious in carson what the change of subject may nay produce here we claim not to foretell but as the battle ground has been ch changed anaed and brou brought bt home to us our readers have a right to know how matters stand and the progress of after events they can watch for themselves the writer of the article in question signs himself heath evidently a legal gentleman and generally supposed to be the lion hon IL P flenniken himself but that idof is of litte consequence for the communication and not the authorship is what we design 0 to draw attention to the supposition of authorship however lends interest to the subject As our readers have had little interest in carson proceedings we vve have refrained from publishing details of the contention since the arrival there of judge 0 flenniken but for the better understanding of the present we shail shall have to briefly revert to the past F for or the last six months the people of careon son bon have had two federal judges each claiming in b the rl right 0 bt to dispense the law in the second judicial district judge cradlebaugh by virtue of a four years appointment which has not expired and judge flenniken by virtue of an appointment of successor vice cradlebaugh removed the proverbial pugnacity of Cra debaugh led every person acquainted with mith the appointment of flenniken to expect the opposition that the latter has experienced at the hands of his confrere and though judge a flenniken Flenn ken was naturally a harmless and unoffending gentleman the abundance of office seekers the scarcity of offices the long and trouble some and even dangerous t journey to carson careon last fall were facts not lightly b to be considered si and not at all favorable to the easy abandonment of the glowing if future 1 that had tempted his honor to turn his back upon fireside comforts in pennsylvania and to accept office among a people cons considered every way disposed to regard t a federal an unnecessary evil a public pelis petis pensioner ioner loner 1 and too frequently we are to add the rag 0 tag and bobtail bob tail of political parties with these varied and weighty a considerations judge C flenniken met judge cradle cradie baughs opposition with becoming pluck and not until the supreme court here the very place where he expected assistance had bad abandoned him did lie he in the language 0 of a carson correspondent throw up the spenge and leave the bench of the second judicial district to the victorious cradlebaugh ever fickle fortune as if bent upon exhibit in ing the frailties of huma humanity tilty withheld the slightest indications of her coming 0 choice till the last moment the conclusion came unlocked locked ed for by the people of carson and the belligerent judges themselves were surprised cradlebaugh el had sold his drafts upon government at ten per cent disco discount tint and had but one purchaser at that and flenniken was so BO certain of victory that his drafts might have been sold at two and a half premium parti on both sides were armed and faced each other in battle array and were ready to test legality by colt the humania humanity y or fear we dont know wh cb of flenniken fleu flen niken at last las t dicta tafel tahei P a dispatch to his friends at a disputed car carai c a cn at that be was ant judge a d to obey tha dis di arrived short j y before the sheriff sher itt lil and the pistols mere unnecessary necess ary wry otherwise cradlebaugh would have tested the presidents right of his removal in the deadly conflict of oe two rival mining companies the first act of the drama terminating in disaster tn judge flenniken as his bis right to the carson bench was concerned he very naturally looks around to discover his position and heath helps him to the conclusion that cradlebaugh is sustained by the supreme court of utah as a legitimate district judge that he lle alf flaniken daiken is the other and only legal associate justice in the territory and that our judge crosby is one too many 2 Il leath neath takes up the dates of appointments and shows that flenniken was appointed hp by the president of the united state Slate on the lith day of may blay 1860 as Aiso associate clate justice of the territory of utah and was forthwith confirmed by the senate and ad duly commissioned that chief justice kinney was subsequently appointed and that judge crosby aywas vas not appointed till Isom some three ethree months after the commission to judge flenniken became a law 2 heath then reasons it 11 hen then ihen the do dogma tria be ad admitted mIttel that the th president of the united states with tte tie concur concurrence rents rente of the senate that then vt ras was as has no tight light to remore remove a terri territorial judge v w bat hat portion Is judge crosby occupying oan oon ha h out cuje no for bis his commission bear beri late date anterior to Crot bys bya appointment can he be onit rudge fudge kinnea no for tor his hib its appointment Is also aiso iso als older than his hib associated belies beves the spec laity of chief justice ns tice can he oust jure jere juie jue yo for he also Is hs its senior in c does des tl ti e organic act provide tor lor fou tour Jul jairet gei ger no whal what then t to become of judge crosb crosbi has usa be not ruled lit iii m keif keit out by we hs argument on the power to remove by what stam lard or of morals moral Is be governed d in the doctrine that ehat the president has no right to rove remove knowing that ho he la is appoint et an I 1 insincere ir sincere la in his crupo a sl tion lion lie Is functions unction which 1 to say cay the least east a are bre re in very dad bad tagle taste but for the large demand upon our columns this week for current news we should have published the argument entire we are therefore forced to state only the points of the argument the writer contends that jud jua jude judge e Flenn ikens appointment as aa associate justice of the territory of T specifying vice cradlebaugh bau 0 h removed did not necessarily include Flenn ikens appointment to the second judicial district as neither the senate or president has any control in the matter of districting ting the territory or in itt assigning 0 judges thereto tile mention therefore of vice cradlebaugh 0 h remo removed vedy vedi being only a statement of the reason reagon for a new now appointment of an associate justice of 0 the territory cra being being 0 removable according 0 to the ruling of the ahe supreme court here continues Il heath yath flenniken havin having 0 the next appointment there here could not possibly be any show of office for crosby as the opinion cannot be entertained for a moment that the president would grant a junior commission to take precedence of a senior without removing the latter heath 2 after sustaining sustaining 0 that the legislative assembly had bad the right to assign a ter district judgen to any particular district for one year from the date of election and until their successors are qualified comes again to judge crosby and very seriously a alleges lieg es that his honor after denying the presidents PresideD Vs right 0 to remove a Terri territorial territory tor ial lal district judge may be expected next to deny that the legislature has the right to remove a jud jude judge t c fro from m the district assigned that would be says sayd the heath in in consonance with his legal lore 2 the ne writer continues it Is presumed aresu ned by the pop pose powe e that judges are lemiel le in the law ani ani eoma forn can testify they have hare been bady badry fooled antuch fo ollda presumption wili wiil they the enlighten in us how bow a territorial judge can be b punished for dereliction of duty it if not by demov re U they lher are nt 1 I judg butlar Jut lar therefore tHere fura rura nt subject to by what MODIS opera nyena operal ix ale aie they made arli arii Labe elabe for their act abit though 91 their tini sini be as a sc aoel anel io do they mean ulean to 10 bay the people veople and the th government of the united stat states have nore no tudy remedy it if so BO a lils liis I 1 time they were di hinr bu linked c d ies duies les jn in iee ige go crosby in the of ins rits mel mei n to pu a the judiciary ry of I 1 h hi vv IB I 1 rel rei stats autos s sen w ard r 1 I kick into oblivion the advice of the latter upon tle tie tila tile mere appt app Int ointment ment cf f the president Pr eident by the senate and bay hay iny i ny ay the and sn senate le are lowre iowie if so in the la lat guage laage of ct chaos thans ft as is 1 windom 11 hath closs closes his argument aton vv th a sly insinuation that the judges lodney kinney and crosby constituting the supreme court ba had 1 decided he tile pi Vs ts gocr of re from tle ilc a prete eson ehon t at a contrary contra rj dc 1 1 c ion olon in one jy dey bring he be argument medi ment horm homm comoto to their own individual cases fon for some reason or othir other he be takes take especial umbrage at judge crosby and adds rial bial the tho learned juse judge paid ft a little attention to the books book 0 ao 60 he need not have hav been alarmed at the approaching cloud of uncle abe abes it if it in lii black to tib would hive have discovered that alt ait although hough bough the pres prea president ident has hatt a clear constitutional constitutional right to remove a territorial judge the right Is never exercised without cause real or supposed Bup posed and his hi appointment conferred by the senate senite willbe will uie lie safe against removal except for cau can cause in support of his bis position heath cites a number of legal ollin opinions lons ions from eminent jurists and attorney generals which we regret inability to publish it has been surmised thattie th that atthe ithe organization of nevada settles the difficulty as it cuts off the second secona judicial district but that is a very short sighted view of the matter the bill for the organization of nevada did not appropriate bolus loius dolus the carson bench and contending judges nevada has its judges utah has also hers her whoever they may be flenniken came here with all the authority that any federal officer ever presented before taking office the officers of the government received him as such the bar recognized him and the legislature 0 assigned c him to his bis district the supreme court at a later date repudiates the presidents right of removal and disavows their colleague flenniken and he in turn or heath alleges as we have shown that judge 0 crosby is a judge too many in the territory it if flenniken had an illegal appointment neither the resignation of cradlebaugh nor the organization of nevada can make him ever a legal judge in this territory and it if his bis appointment was proper and legal the aforesaid circumstances change in nothing the position of judge crosby and ran can never make him anything else than a judge too many we expect that jud jua judge 9 e crosby will make a learned reply to heath unless lie he knochs knocks under 2 |