| Show A SURPRISE FOR UTAH THE announcement announce announcement men t in theoress the press dispatches that president harrison has appointed charles 8 zane as chief justice for utah occasions great surprise and we may add very great regret among the majority of our citizens this appointment is surprising for two reasons first so far as is generally known here there is no vacancy in the office if chief justice sandford has resigned the fact has been kept very quiet without such vacancy the president has no legal power to create one in order to fill it with a member of his own party it is singular that such a measure should be taken by president harrison second it has been made very clear that during his former incumbency cumb cum bency eucy judge zane was extreme and fanatical in his bis interpretations and enforcement of the laws of congress particularly against one class of offenders that in this respect his zeal outran autran his discretion and that anger and vindictiveness ti veness were so apparent in this direction that they were the subject of regret and animadversion among all ajl who witnessed them except a clique of bitter partisans parti who while pretending to favor the suppression of crime wore were the apologists and defenders of lechery and lust also it is notorious that under his bis judicial regime business was nam paralyzed sorrow penetrated many innocent hearts harily and the progress of the territory was materially retarded for these two reasons alone it was not believed that president harrison would permit the pressure of judge zanes personal and party friends to influence him so far as to remove a competent and conservative democratic occupant of the bench in order to make way for a less cautious if not a less learned republican Republic aD until we leam what judge sandford has done in the premises 1 it is impossible to comment on the charge with certain correctness if he has resigned the course is clear for the appointment of a successor but if not the appointment is not lawful unless some charge has been preferred and sustained against him we have been informed on good authority that no complaint was on file in washington against judge sandford he might be removed for cause if any cause existed of sufficient gravity to warrant the removal but the judicial office as has been shown in these columns i differs in its tenure to others within the appointing power of the lent the term is for four years and the limitation unless sooner i removed by the president Preside int is not nol attached to the specification as it is in regard to other federal offices in the territories presuming that judge sandford has not resigned his office he has the right under the law to retain U t until removed for good and sufficient cause notwithstanding the reported action of the president if however he is too indignant to contest the matter or holds the position too lightly to desire to maintain his rights in view of the situation tion the course will be clear for life his successor if he can with dignity and self respect accept the place under the circumstances judge sandford so far as we have been able abl to perceive has pursued a consistent course under the laws and his oath of office he has not spared offenders against the raw law nor has he spleen when they bae come before him for sentence his 48 policy has been not to inflict the extreme benaly for a first offense seeking to win submission rather than provoke resistance or extort promises he has gained battled the respect of people here of all classes and beliefs and we belleve believe has followed the dictates of his own judgment and conscience judge zane apart from the vindictiveness and partiality he displayed while on the bench against offenders of a special class clam exhibited thorough knowledge of the law and profound judicial acumen that he was a good and able judge when not excited on the one question we have never disputed he sustained the local governments in their endeavors to enforce municipal and territorial enactments and was generally on the side of temperance education and good order members of the bar could rely upon his interpretations of the law on ordinary eions and thip therefore fore respect respected ted him al 1 and his decisions it was only on the mormon question that ho be V seemed to lose his balance and become cruel harsh and oblivious to I 1 the other side I 1 f his return to office means ft a revival reviva lof of former methods in tb the P treatment of the local difficulty it also means a disruption of those pacific relations which have been formed since he vacated his place and a barrier in the way of the material progress and development of utah that will be truly deplorable but we do not view the matter hopelessly we have no doubt from judge zanes general chara character cieT and reputation he acted under conviction that the course he pursued was best calculated to effect th the e wid end designed that I 1 it t did not must be evident to him as it is to others itt in view of this fact fact and of the wisdom that all intelligent people gain from experience may we not hope that the pessimistic views which bonab people take in consequence of this appointment will be dissipated OY by the actual facts and that 0 our ur future history cju afford another demonstration stra of the adage revolutions 9 nver never go go backa backwards amsl |
