The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-08-12
Continued from Page I

called upon a district Judge not more
than thousand miles from Salt Lake ;
respecting case that was then pending
before his court. The draft of the edi-
torldi proceeded TO discuss the propriety
or an act of this kind, without mention
ing names or case. / informed the colonel
that L had received some information in
relation TO that matter and asked him
why he Invited my attention to it.
He stated that. as the cases had not
been finally disposed OF, he did not wish
10 say or do anything Ia the matter thai
would tend IN any way 10 embarrass the
court i answered him that editorials in
regard TO matters pending before the
courts never had the slightest influence
with the courts, but l presumed that liti-
giants sometimes felt when matters of this
Kind were aired in the press that courts,
being only human, might be imperceptibly
influenced But in this case | had been
informed that my name had been used i'm
connection with this matter and | de-
slred 70 make some inquiry and possible
Investigation and that the publication of
the article at that time might to some
extent complicate matters along that line.
The colonel then stated: we will
Mlthhold any comment until the final dis
position of the matter Neither the
craig nor the Chambers case was men,
toned. much less discussed In fact
there was no discussion at all, not even
OF the subject matter of the editorial
any farther than as herein stated
After the opinions in the cases were
handed down, l invited Judge Howell to
come TO salt Lake When Judge Howell
arrived | sent for Major Breeder. The
major failed TO meet his appointment with
me- Judge Howell, being anxious to re-
turn TO Ogden on the next train, I stated
That | would take the matter up with
Major Breeder later. The judge and l
then went out upon the street and start
ed up town. On our way we met Major
Breeder.
Talk With Breeder.
After formal greetings / invited the
majors attention TO the fact that he was
not only an officer OF the supreme court
OF the state of Utah. but that he held the
nigh and exalted office Of attorney gen
eral of this state which is more closely
connected with the supreme court than
any other, and for that reason / felt
called upon TO ask for an explanation re
speeding a statement made by him i'm GER
tain matters which | understoon had
1ranspired between the major, Mr.. Spry
and Judge Howell whereby he the ma
aor) in effect stated that because of the
iact that two members of the supreme
court, referring TO Chief Justice Bartch
and myself. were Americans. we would
be sXayed in our judgment and render an
unjust decision in the cases, which he
and Mr.. Spry had discussed with Judge
Howell.
The major not only denied having as
serted al that or any other time in dis
GUESSING tnese cases or any others mat
ters. that | could be induced to render
a dishonest or unjust decision because of
prejudice or through improper influences
and denied having said anything from
which such an inference could be drawn
but he aenied having at all used or even
having mentioned my name n relation
TO that Incident He insisted upon re-
lating, however what, as he claimed, ac-
tually did take place. When he had
about concluded this statement Chief
Justice Bartch came up and the major
To ha faf 4FFct ,.-I,. 1, l.,.l
Just stated TO Judge Howell and nv
self At the time the major made the
statement we were in front of the Bridge
drug store and near several bystanders
After the interview was ended and !
had gone TO my home, in thinking over
what had occurred, and knowing that the
Tribune, from some source. had become
advised of the alleged interview between
Judge Howell Major Breeder and VIII
liam Spry. l decided. in view of the fact
mat l had talked the matter over with
Major Breeder and had, to that extent,
become connected with it, and Major
Breeder being an officer of the court
holding an official position which is re-
Sarded as one of the main pillars and
props of the Judiciary. in fairness to him
that the Tribune ought to have his Yer
sion OF the matter before commenting on
1t. And |, thereupon, called Colonel Mel
son up by phone and stated to him that
If he would see Major Breeder, or send
some one, the major would probably give
Ogden episode to which he had Invited
my attention a short time before.
"Ihe following day the Tribune, you
VIII remember. published an Interview
which they claimed to have had with Ma
JOr Breeder A few days after Briant
:. Young. reporter for the 1ntersAIOun-
Tain Republican. called at the clerks Of
flee and. i'm my presence, stated that
Chief Justice Bartch had been accused of
advising the Tribune of the interview
with Major Breeder referred to in front
Of the Bridge drugs store. | informed
him that /, and not Judge Bartch, had
suggested to the Tribune that if they
would call upon Major Breeder he would
10 doubt give his version of the matter }
and then | proceeded to state why and
how | came to do so. as [ have here re-
lated.
Judge Is presented.
THE next morning. on Aug. 9. instead
Of publishing the interview as it actually !
tranSpirCd between myself and Mr.. Young !
the editor Of the Inter Mountain Repub- /
lican came out in a long and abored ar
ticle in which he. AT least by innuendO /
IL not directly. made the false, ma
iicious ana unfOunded charge that | had |
discussed with Colonel Nelson and the /
Tribune cases pending before the court /
1f which | ann a member. and intimated |
That decisions had been trimmed and |
moulded In accordance with the views |
wishes of the Salt Lake Tribune. Sew |
ificatiOn or retractiOn has been made in /
the lnter-MOuntain Republican. On the |
contrary. the paper has continued to re-
peat its wanton and uncalled for attacks. |