The Deseret Weekly. The Washington correspondent of was not an impudent or an ugly the New York Times sent to his letter in its language. The Presipaper a long account of the particu-dent has not yet seen fit to give it THE DESERET NEWS COMPANY, lars of Judge Sandford's removal, out at the White House, so it is re PUBLISHED BY SALT LAKE CITY, UTAH. SUBSCRIPTION PRICE Per Year, of Fifty-two Numbers, IN ADVANCE. CHARLES W. PENROSE Saturday, June 29, JUDICIAL MORAL COURAGE. $2.50. 1889. MORAL courage is a rare quality, and those who possess and exhibit it in trying places always gain the respect of the honorable and generally triumph in the end. Judge Sandford showed that he possessed that admirable endowment during his official career in Utah, and eminently so at its close. with the full text of the correspond-produced here in order to give the ence, and among other comments newspaper reading public an opporthe following were added: tunity to see what sort of a reply a removed judge may make: The Omaha Republican having undertaken te reply to the remarks of the Omaha Herald on this matter, a portion of which we reproduced in these columns, the Herald thus responds: The startling discovery that the 1.50. President has "a policy" for the ju- Here follows the closing response diciary has not yet apparently at- made by Judge Sandford, and which EDITOR. tracted attention out of Utah. Judge seems to have made a big hit on the Sandford was not accused of falling public mind, as no doubt it did in short of or of exceeding the laws. the quarters for which it was inThe bar of the Territory and of the tended. country will naturally wonder whether the President will have a "policy" for Judge Zane that will be superior to the law. Will the President make a policy for Judge Zane that will expose the judge and the President to impeachment? It has struck some of the Utah people justify Harrison's removal of Chief "The_Republican undertakes to that the President, by his removal Justice Sandford from the Utah of Judge Sandford and the appoint-bench by asserting that Cleveland He dared to do what he thought ment of Judge Zane to carry out a removed Zane. The feeble excuse won't stand was right, in the face of a strong "policy," has suggested that the shown. Zane was not removed. He when its falsity is popular sentiment against the courts may be made dangerous and was allowed to serve out his time "Mormons." In this he only ad- despicable as the creatures of an ex- and retire. Neither has the St. ministered the law as it is dealt out ecutive instead of the administrators Louis postoffice fight anything to do with the case. The point at issue is, in other places. He was not bitter, of the law. has the executive. arm of the govviolent and partial because a defen- It is not forgotten that Attorney-ernment the right to dictate to the dant was a "Mormon," and he did General Miller has been spoken of, judicial arm a political 'policy.'” not insist upon that extra-judicial in the President's home paper, the Of course the President cannot be demand for a "promise," which utterances of which are taken as under the impression that Cleveland was born of fanaticism and semi-official on many matters, as "removed" Chief Justice Zane, but invented by anti-"Mormonism." likely to be nominated to the va- that idea is entertained by a great For this he was hated by cant place on the Supreme Court many papers that endorsed his rethe violent enemies of the people bench. How will the nomination appointment which they looked of Utah, and misjudged by those strike the lawyers of the Senate in upon in the light of a "vindication." who receive their information on the light of the letter explaining to Judge Zane was not removed or inUtah affairs from cowardly malign- Judge Sandford his removal interfered with by President Cleveers and persistent libelers. But this order to make a place for a man land, but served out his full term. made no difference to his Judicial who can be depended on to A little moral courage to stand course, and his sentences, many of carry out a "policy" from the up for justice and right, without them severe, were yet tempered bench? The suggestion that the fear of the clamors of the unjust with a little dash of mercy, when President can properly dictate a and unmerciful, will be found a the defendant appeared for the first "policy" for the Supreme Court of much better recommendation to time in that position and plead Utah may be followed, before long, the respect of those whose opinion guilty to the charge against him. by the appointment of somebody is valuable, than any yielding to the who will consent to the dictation of dictates of the malevolent. And in a "policy" for the Supreme Court the world to come it will contribute of the United States. If the Presi- to the glory of its possessor when dent may dictate a "policy" for the the Eternal Judge decides the Utah court, there does not seem to future fate of all. be any good reason why he should not run the Supreme Court at Washington to carry out a more exHis closing letter to the Attor- tensive policy. The question is the WE publish today some corresney General has Won Judge same, and it would appear that if pondence from San Juan County, in Sandford many friends and ad- he has any policy he wishes to im- relation to the treatment of settlers mirers from both political par- pose upon the Supreme Court, he by the commission appointed to arties. It was a spirited yet could not do better than to appoint range for the transfer of Indians passionless rejoinder to the in- Mr. Miller to fill Judge Matthews' from Colorado to the San Juan rediscreet and authoritative letter place, as he has so gracefully ac-gion. What we have published herefrom Washington, and manifested quiesced in the President's dicta- tofore, except editorially, has been the same moral courage that he ex- tion of a "policy" for the Chief from outside sources. We said at hibited on the bench. And it has Justice in Utah. the time that the information preattracted more public attention than sented by the articles from Denver any official correspondence which papers was colored by the conflict Those who find fault with his course in this respect, manifest a malignant heart and a disposition to cruelty and vengeance that ought not to influence any civilized human being, and certainly ought not to prevail in the execution of the law. Judge Sandford did not leave his place on the bench without sending JUST COMPENSATION DEMANDED. has been published for a long time. a parting word to the President. It ing interests of the parties on either THE WATER QUESTION. lawns and allowed to run upon sidewalks by day and night, in comparatively newly improved localities. There is a feeling of great dissatisfaction growing up over this. It is complained that the violation of these prior rights has not been condoned by the substitution of service from other sources, because the latter are totally inadequate to the demand and out of all proportion to the supply of the prior appropriation. This swapping and trading does not seem to answer the end designed. It has created complications without increasing the supply, at any rate to anything like the proportions required and expected. side of the controversy. The have some one at hand, fully posted Justice would say that as this itself The City Council, of course, do not own the waters that flow into this city. They have ample powers conferred by charter to regulate, control and distribute them for the best good of the inhabitants. No one owns anything that pertains to flowing water, but "the reasonable use thereof," and that ownership is, under the laws, by priority of appropriation. These prior rights, it is claimed, have in many instances been set at nought in the deals, and transfers, and changes that have been made, and settlers who have no water rights under the law have been supplied, to the detriment and loss of the lawful owners of such All the water powers conferred upon the City Council are qualified by such provisos as these: "That nothing herein shall be construed to interfere with the water rights accrued by priority of appropriation" (Amendment to charter 1886). "That the control shall not be exercised to the injury of any rights already acquired by actual owners" (Amendment of 1888). This is a subject pregnant with importance, and unless it is properly treated it will bring forth a whole progeny of troubles. AN ANTICIPATED VICTORY. The Government cannot ignore The foregoing is from the Denver Republican. "It looks very much as though" certain political wirepullers, "Liberal” strikers and election manipulators were setting their traps and preparing their tricks "to gain a victory” of fraud, but it does not yet appear that they are going to succeed. That remains to be seen. But suppose that prognosticated "victory" should occur, how much of a "great thing" would it prove to "owners of real estate?" Why, it is to cause "an enormous rise in the value of city property." none understand it better than those A sudden or abnormal rise in the value of real estate is held up so strongly as a thing to be desired, that to question its benefits seems in some people's eyes astounding. But et common sense and au understanding of our situation in these valleys prevail, and all these wildWell, who will receive the enor-cat and booming schemes and argumous benefits from the enormous ments will appear as inimical to the rise? Will it not be the speculators welfare of the community. We all in real estate? To people who wish desire gradual growth and progress to sell out their homes to strangers, in everything that tends to build up to those whose sole aim is the trans- the Territory. But we do not all fer of their inheritances to the high- wish such a condition of affairs as est bidder, to persons whose occupa- will suddenly make a few rich to the tion is the purchase and sale of real detriment of the many and throw estate for profit, such an enormous the local control into the hands of rise would no doubt be very desir-plotters and place-hunters. able. But to permanent residents We need more improvements who wish to live peaceably in the which must be had as the city homes they have made for them- grows, and they cannot be made selves, the enormous rise would simply mean enormous taxes. To the laborer, the artisan, the worker in any capacity for a living who has managed by thrift to acquire a residence of his own, it would mean such a draft upon his small income as would compel his relinquishment of that possession, to make way for a wealthier proprietor. It has been published here that this is to become "a city of the rich." The schemes that are on foot involve the driving out of poor landholders and the possession of the soil by rich purchasers. So that before long the wealthy would holl the land and the houses, and the working people remaining here would rent instead of own their homes, and be at the mercy of the landlords, as in the cities of the world. Park to a private party. While there is a pretension that the public interest is sought by such a project, it is not a great stretch to presume that money-making is really at the bottom of it. There are not many men running around with their hair streaming in the wind hunting for a chance to serve the dear public, but many can be discovered looking atter opportunities to line their pockets. Favorable action by the Council upon this application would result in the people's having to pay for admission to their own premises and the grounds would therefore no longer be public but private. The rule associated with pleasure resorts conducted by private parties or corporations in this section, at present, is that pecuniary profit is the chief consideration and morality a very secondary affair. There is no reason to expect that Liberty Park in private hands would be any exception to this rule. The gates Altogether the people in this matter are much safer in their own hands than in the hands of private without money. The volume of the parties. If public control of the revenue must be increased, but it Park is relinquished there will be can be swelled through the healthy no resort in this whole neighborexpansion and the closer habitation hood to which the people can obwhich will come with natural and tain free admittance. It would be steady development and increase of an imposition on the poor who have population. A sudden and enorm- not the means, and we hope not ous rise in taxation, which could be much inclination as well, to go to effected in several ways that might certain places toward which there be named without any change of appears to be an inordinate rush of chartered powers by legislation, pleasure hunters. Large numbers would have some advantages on the of people go to Liberty Park now surface and would benefit a few, and there enjoy the grateful shade but deep down in society it would afforded by the groves, in which be disastrous to the many, and ruin- troops of happy children, of the ous to some whose hopes and inter-poorer class, engage in pleasant ests and faith are centered here, sports and pastimes. and who desire to live and die here. should not be shut against them by The "victory" spoken of by the a demand for the almighty dollar. Denver Republican would be a cal- Rather let the City Fathers make amity in more ways than one. If the grounds gradually more pleasant the permanent "Gentile" residents by improvements. It is even now can see their own permanent inter- a very good place in which to spend The policy of this community and ests clearly and the sure results of of their leaders has been to promote such a victory, they will not wish the ownership of homes by as many for it. And certainly the great body permanent residents as possible. of the people would see in it a The landlord and tenant system is shameful defeat. For it can only one of bondage and poverty. It is be secured, after all the intended incompatible with true liberty. The frauds are attempted, through the people who settled this Territory, apathy and carelessness of The Peoand those who have followed who ple and their failure to meet and are in sympathy with them and their overcome the tactics by which Ogviews, should hold and retain the den City was captured through land to which they have acquired double-distilled fraud and doubletitle, as wisdom dictates. To make dyed villainy. a wholesale relinquishment of their possessions is a piece of folly LEASING LIBERTY PARK. a few hours of recreation; but a little money judiciously expended would make it far more desirable. After a certain fixed hour it should be closed, and even then a watch should be kept over the enclosure for obvious reasons. PHENOMENAL TIMES. THE "fierce and vivid lightning," is playing havoc in various parts of the world. It is no ordinary incident for a procession on parade to be struck by the electric fluid, as was the case in a Silesian killing five of severely shock too flagrant and senseless to ing forty others. Hailstorms which the President may 'deem ments are being prepared to fulfill ditions seem favorable for abund- EXECUTIVE "JUDICIAL POLICY." The Chicago Times also returns the executive. And it further denies the existence of any "right of the President to appoint judges with the design of using judicial power to further an executive policy." The Times, however, falls into an error in stating that "the territorial judges are subject to removal by the President." They may be in pracTHE Philadelphia Times, taking tice because they submit to the up the subject of "The President's treatment. But they are not in law, Judicial Policy," furnishes a com- except "for cause," and that plete reply to the Philadelphia "cause" is susceptible of challenge Press in its endeavor to explain and disproof. The laws authorizing away the ugly features of the official the removal of territorial officers by correspondence which has occasion- the President at will, do not extend ed so much comment. The Times that authority over the judiciary. says: Judges hold their office for four years, and the words "unless sooner removed by the President," which are attached to the description of the terms of other territorial officers, are intentionally omitted in relation to the terms of the judges, because it is the design of the law to render them independent of executive con "Anyone who thinks that the Harrison administration lacks a "policy" should read the correspondence between the Attorney-General and the late chief justice of the supreme court of Utah." Then follows a full account of the tilt between the Judge and the Attorney-General, and the Times thus concludes the article: trol. peculiar action of the Administration in this wise: "The removal of Judge Sandford, Chief Justice of the Supreme Court of Utah, upon the ground, as stated by Attorney-General Miller, that his 'administration of the office' is *not in harmony with the policy which the President deemed proper to be pursued with reference to Utah affairs,' has created much astonishment. Judge Sandford at once responded that his earnest purpose had been "to administer justice and the laws impartially to all men, under the obligations of oath of office." And he added the cutting observation that my "If the President of the United States has any policy which he desires the supreme court to carry out than the one I have pursued, you in reference to Utah affairs, other may say that he has done very well to remove me." It is naturally asked if the Presithan this for a judge. The reversal dent has any different "policy" by Judge Woods, the President's near friend, of his rulings in the Dudley case, in order to prevent the the same judge's action in quashing indictment of that individual, and Indictments against illegal voters and corrupters of elections, would seem to indicate that the President's "judicial policy" is decidedly political. The Philadelphia Press attempts to explain away the mistake that has been made by the Administration, and says the "policy" which has caused so much talk is simply "that the laws shall be enforced everywhere alike." This is a great mistake. Judge Sandford was administering the laws in that very spirit and no one can prove to the contrary. If that was the "policy" of the President there would have which, by the by, was without color been no need for any "removal"— of lawful authority-nor call for a "resignation." "The idea of an executive "polThe influence brought to bear icy' to which judges must conform against Judge Sandford was chiefly their interpretation of the law is local. Those who exercised it missomething entirely new. We have represented the Judge's course, and had executive officers assuming juThe fact is, a blunder has been dicial functions, but it has not now resort to downright lying in before been suggested that judic- order to justify his official assassi- made, and the more the Republican ial officers must harmonize their nation. That will not affect the cover it up under a waste of words organs try to apologise for it and views with those of the ex- principle involved in the alleged and a distortion of facts, the clearer ecutive, under penalty of reWhatever is it made that the executive aumoval. Judge Sandford could only cause of his removal. reply that it had been his effort falsehoods may be told about Judge trol the judicial. And this is disthority has been exercised to conwhile on the bench "to administer Sandford, the doctrine of an ex-cordant with constitutional governjustice and the laws honestly and impartially to all men," under ecutive policy to control the judici- ment in these United States." the obligations of his oath of office, ary is contrary to the whole spirit and that if the President "has any and theory of our national institupolicy which he desires a judge of tions, and is to be repudiated by the Supreme Court to carry out in reference to Utah affairs other than true Republicans and Democrats alike. And it is that which has aroused the press of the country. the one I have pursued, you may say to him that he has done very well to remove me." WHEN the reasons for the removal NO REFORMATORY EFFECT. SOME time since we summarized the phases presented by the Johnstown calamity. The statement presented the variations of benevolence, heroism, cowardice, horror and depravity. The ranker and explained that the more deplorable outgrowths still the law in the territories, "policy" of the President referred continue to develop. why not throughout the federal jurisdiction? Suppose, for instance, It would be interesting to know how far the President expects to enforce his judicial policy upon of Judge Sandford were under disthe bench. If he is to construe cussion, we to in the letter of the Attorney A few days ago the sickening re that a judge in the United States General was political and in the in-port came over the wires that men court should oppose the administra-terest of the Republican party. It tion's policy of revising a tariff by seems that the New York World, executive order, would he be liable the most widely read newspaper in to removal? And will the Supreme Court be expected to make its de- America, takes similar ground. cisions 'in harmony with the policy' The World thus comments on this were fighting off a small host of dogs who were tearing up the earth that covered the bodies of the dead, which the brutes rent in pieces and devoured. Such an occurrence in It would be reasonable to presume that the most sweeping calamity of its class that has occurred within the boundaries of the Republic from its beginning would make a profound impression upon the minds of men; especially upon those on the ground and able to take in the awful character of the visitation. Yet in that waste of desolation, where lie the putrid bodies of those who were swept out of existence with terrible suddenness, men employed presumably in endeavoring to bring order out of the chaos produced by the flood are engaged in a fierce dispute. Capital, represented by contractors, and labor, represented by workmen, are at loggerheads. The "woman in the case" in this Feeling is high and discontent ram- instance appears to have engendered pant, while drunkenness holds high a great deal of misapplied energy, revel among all the men who can as the same degree of persistence obtain the means of intoxication. and tenacity in a more fruitful field Breaches of the peace and free fights would certainly have led to someoccur by night and day. In the thing greater and of more immediate light of such aspects under such un-consequence than merely incidental common conditions, it may well be and desultory results. Meantime, asked whether our civilization is a Stanley remains an object of decided success or a failure? interest. the nineteenth century, in civilized plorer to droop and lose heart, a Hippolyte's fortunes are as varied America, is indeed startlingly hor-condition which fitted to his sur- and uncertain as usual; that peace rible. It is enough to cause one to roundings exactly, and afterwards, is not prepared to locate on the exclaim, "Whither are things drift- when the tender was made him to island yet; and that the attrition ing?" head an expedition in quest of Emin and depletion of two semi-civilized Bey, he accepted it without hesita-armed mobs grossly miscalled a war tion and almost without condition. will not cease just at present. This story would seem to derive "Armies" in which there are color from the fact that the Bey more officers than private soldiers having been found and extricated are not likely to be very destructive some time ago, Stanley continues to each other in a numerical sense, prowling around among the wilds but they can and do distract the and fastnesses of interior Africa, body politic and paralyze a trade apparently aimless but doubtless which, properly cultivated, would still making discoveries which may inake Hayti a prosperous and eventbecome useful to the world of sci-ually a wealthy nation: ence and the world at large after a while. When last heard from he was at Usalalla, a provision supply station, indicating that his work, so far from being accomplished, he seems to consider only fairly under way. One thing that strikes the thoughtful mind in connection with THE HAYTIEN SITUATION. this subject, is that such events as the Johnstown flood have no re- THE Haytien situation is not so formatory effect upon people in gen-satisfactory to lovers of peace as the eral. Indeed, reformation from out- news manufacturers tried to have us ward causes is not frequent. The believe a few weeks ago. Then it process is not as a rule produced was announced that the only means through the skin, so to speak, but by which it seems serenity can from internal operations. Occasion-again be induced to smile upon the ally outward circumstances are use- Black Republic-that is, the concluful in bringing about a change for sive defeat of one or the other of the better-when they give a stimu- the contending factions--had been lus to the interior operation, result- accomplished in the overthrow of ing in repentance. This latter ef- President Legitime and the occufect is not apparent in the general pation of Port au Prince by the inphases of society at Johnstown. surgent Hippolyte. These conditions indicate how the matter will stand in a day not far in the future, when the judgments of the Almighty will visit the inhabitants of the earth, and yet they will not repent. On the contrary, "men will curse God and die." CONTEMPT OF COURT. THE power of judges in matters of contempt has been under consideration in Ohio, and a decision has been reached by the Supreme Court of that State which recommends itself to the common sense of the public. It is to the effect that sentences for contempt of court may be appealed from, and that the higher court may reverse the decisions of the lower when the punishment is too severe. The power of District Courts to punish for contempt, has been considered final, and defendants have been compelled to submit to penalties of fine and imprisonment that in some cases have been cruel, unusual and excessive. If there is no right of appeal from such judgments there ought to be. And when the laws of any State or Territory do not provide a remedy, in terms, legislation is needed to supply the ceficiency. They have It is not always that a judge is competent to pass on a contempt of court which is personal to himself. Judges are human and subject to like passions as other mortals, and sometimes are influenced by venge ance rather than justice, and to retaliate more than maintain the dignity of their office. been known to require witnesses to do acts which the latter could not perform with honor, or without exposing themselves to obloquy, and to commit them indefinitely to prison or until the witnesses would comply with their instructions. Such judgments ought to be subject to review by higher courts. The war, so-called, has been seesawing along, with trifling successes first on one side and then on the other, for a long time now. The fact that no decisive battle has been fenght, for the reason that neither party has men or money enough to make such a fight, ought to have A STORY ABOUT STANLEY. been sufficient reason for rejecting the fabricated dispatch when it came; ALL kinds of romantic stories are but it was believed as stated being hitched on to Henry M. and the principal newspapers came Of course every court must and Stanley. The latest is that he was out with startling headlines an- ought to be competent to preserve disappointed in love, a young lady nouncing the consummation so its own dignity and authority, of New York City, to whom he was much desired. It seems that the which should not be defied with imengaged, having given him up Legitimists are as firmly entrenched punity. This is beyond reasonable without warning while on his sec- within the battered walls of Port dispute. But witnesses and defendond mission to Africa, and married au Prince as they have been at any ants have rights as well as judges, another man. This caused the ex-time during the rebellion; that and supreme power over the liber |