1858 August 13 Letter to Charles E. Sinclair

Title

1858 August 13 Letter to Charles E. Sinclair

Description

Cummings requests to be re-appointed District Clerk and seeks clarifications surrounding the appointment of Clerk.

Type

Correspondence
Government/Legislature

Sender

J. W. Cummings

Recipient

Charles E. Sinclair

Date

1858 August 13

Location

Great Salt Lake City

Subject

Government
Legal

extracted text

Clerk's Office
3d Judicial Dist. U. T.
G. S. L. City Aug. 13/58
Sir.
A young gentleman, to me unknown, presented a paper to me to day, purporting to be the appointment of one ----Gilbert, to the Clerkship of the Third Judicial District of this Territory. He stated that he was the appointee and asked me for the Records and Seal of the Court of that District. Should the paper referred to be genuine, I wish respectfully to call the attention of your honor to the Act of Congress of Aug. 16th. 1856. The 10th Section of that Act empowers each Judge of the Supreme Courts of Territories to"appoint one person as Clerk of the District over which he presides where one is not already appointed." I received my appointment from the Hon. Geo. P. Stiles, whose successor I presume you are, and I know of no sufficient reason for my removal.
Your honor will do me the kindness to give me your official construction of the Statute quoted and whether or not you consider a Judge has any legal right to remove the Clerk of his District appointed by his predecessor, save for sufficient and legal cause.
Should your decision be for my removal. the Seal and Records of the Court are subject to your order.
Very respectfully Your obt. Servt.
J. W. Cummings
Clerk 3d Judicial Dist. U. T.
Hon. Judge Sinclair
U. S. Associate Justice
U. T.

Item sets

Clerk's Office
3d Judicial Dist. U. T.
G. S. L. City Aug. 13/58

Sir.
A young gentleman, to me unknown, presented a paper to me to day, purporting to be the appointment of one ----Gilbert, to the Clerkship of the Third Judicial District of this Territory. He stated that he was the appointee and asked me for the Records and Seal of the Court of that District. Should the paper referred to be genuine, I wish respectfully to call the attention of your honor to the Act of Congress of Aug. 16th. 1856. The 10th Section of that Act empowers each Judge of the Supreme Courts of Territories to"appoint one person as Clerk of the District over which he presides where one is not already appointed." I received my appointment from the Hon. Geo. P. Stiles, whose successor I presume you are, and I know of no sufficient reason for my removal.

Your honor will do me the kindness to give me your official construction of the Statute quoted and whether or not you consider a Judge has any legal right to remove the Clerk of his District appointed by his predecessor, save for sufficient and legal cause.

Should your decision be for my removal. the Seal and Records of the Court are subject to your order.

Very respectfully Your obt. Servt.

J. W. Cummings
Clerk 3d Judicial Dist. U. T.


Hon. Judge Sinclair
U. S. Associate Justice
U. T.