The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-02-06

u7AsHINGTON, Feb. 5.-In the ex-
w ecutive session of the senate to
day the discussion of the NOM
ination of Ben Daniels to be marshal
of the territory of Arizona was con-
tinued. Senator Hoar, as chairman Of
the committee on judiciary, which
reported favorably on the nomination,
explained that Daniels commission had
been already issued, rendering il i'm
practicable to adopt Senator Teller's
recommendation to reconsider the vote
by which he had been confirmed.
Further explanation was made to the
effect that the president had begun an
examination into the case on his own
responsibility by wiring to Cheyenne
for particulars concerning the man
who was imprisoned there and who is
supposed to have been Daniels. and
by telegraphing to Daniels himself. in
structing him not 60 enter on the
discharge of his duties until the
charges made could be investigated.
1t was stated that there was some
doubt as TO the identity Of Daniels with
the Wyoming convict With these ex-
plantations the matter was dropped for
the time. Senators generally express
the opinion that if the charges prove
to be true, Daniels win be discharged
from Office.
Defends Judge Moves.
McCumber of South Dakota took oc-
casion to defend Judge Noyes, the
Alaskan official convicted by the court
of appeals McCumber denounced the
decision of the court of appeals as
forty-eight pages of segregation OF tes-
timony out of 5000 pages of closely
printed matter. The conclusions of the
court. he said. were based for the most
part upon evidence which the senator
from South Carolina (Mr. TiIlman
would not give the least credence to.
He said Mr.. Tillman had cast serious
aspersions upon man as honorable
as he was-a man whom the South
Carolina senator might meet outside
the chamber, and there. if he saw fit
cali the vile names he had applied to
him.
No Intention TO Insult.
Mr.. Tillman diselaimed any intention
TO reflect improperly upon anybody.
his remarks he said. being directed 10
the department of justice particularly
for not doing it's duty in promptly in
Vestigating and acting upon such a
scandal as had developed in this case,
whoever was the guilty party. He in
sisted that either the judges of the cir
cult court of appeals of San Francisco
were guilty of some infamy, or the
Noyes party was.
He felt it his duty To defend judges
who had been arTaigned so seriously
and to see that their side OF the con-
trove1>y should go mrs thu record. Mr..
Tillman said he appeared in the role
of defender Of United States courts
when he was on record as haSng made
many scathing criticisms Of federal ju-
dietary, but he remarked facetiousIy.
he would not be doing his duty by his
clients-the three judges Of the San
Francisco circuit court of appeals.
who he had gotten into hot water
# he did not attempt at least TO cool
the water little. Incidentally the
South Carolina senator. saying that
the debate had been precipitated by
the reading by him Of a clipping from
a newspaper. read "a disnatch printe,.
in New York newspaper. charging
Benjamin Daniels, whom the senate
had confirmed as United States mar
shall Of Arizona. with being entirely
unworthy TO hold that Office.
Mr.. Tillman made some scathing
comments upon the judiciary commit
tee for passing such nomination ia
Forabiy. He supposed. he said that
senators from the state from which
Daniels hailed now would feel called