The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-07-18
FEDERAL JUDGE
BLOCKS. BOOTH
w. NJ. MCCrea Not Likely to
Get Job as Assistant
District Attorney.
MARSHALL STANDS IN WAY
HIS INTIMIDATION is NEG.
ESSARY TO MAKE CHANGE.

United States District Attorney Hi
ram E. Booth has met with a back
set in his attempt to have w. NJ
McCrea appointed as his assistant.
The obstacle is no less a parsonage
than Judge John A Marshall of the
United States district court, and the
outlook is that if Mr. Booth desires
the services OF an assistant-and he
surely does-he will have to content
himself with Pennel Cherrington, the
present incumbent of the office.
The federal law requires that be-
fore United States assistant dis
trlct attorney is appointed the dis
trict judge must certify to the depart
ment of justice that the appointment is
necessary, and that the district attor-
ney actually requires an assistant
Moreover, the judge must give his rea-
sons FOR so certifying. When Sena-
tors Smoot and Sutherland promised
Mr.. Cherrington's job to Mr.. McCrea
they were ignorant of this provision
of the law, it is said.
Turned Down Lipppman.
Four years ago when Joseph Lipp-
man was made United States district
attorney he found Mr. Cherrington
holding down the job as assistant He
desired TO have a friend appointed TO
the place, but he soon ran against
that provision of the law which re-
quires that such an appointment shall
be preceded by the recommendation
of the district judge that it is neces-
sary.
Mr.. Lippman bearded Judge Mar
shall lin his den, and asked for the
Judge Marshall re-
piled that he could not Conscientious
ly advise the department that the
United States district attorney for the
district of Utah needed an assistant
Mr.. Lippman tried all his eloquence
and persuasion, but they availed
with Judge Marshall
The law provides that tie assistant
shall hold office at the pleasure of
the department of justice, and it is
only when a new appointment is to
be made that the recommendation of
the district judge is necessary. So
long, therefore, as Mr. Lippman did
not disturb the existing status, and
permitted Mr.. CherringtOn to remain,
he had the pleasure of having an as
sistant to do the routine work of the
office.
Same Condition Prevails.
The same condition cOnfronts Mr..
Booth today. If he recommends that
Mr.. McCrea supersede Mr.. CHEERING
ton the department of justice will call
upon Judge Marshall for a recommen-
1ation. Judge Marshall III all like
ihOod will reply that Mr.. Booth does
not need an assistant This would
mean not only that Mr. McCrea would
be turned down, but that the depart
ment of justice. would abolish Mr.
CherringtOn's place altogether and
compel Mr.. Booth to do all the work
Of the office.
Mr.. Booth. it is said, has not yet
summoned up nerve enough to ap-
proach Judge Marshall on the sub
ject The suggestion that Judge Mar
shall would be influenced by the po-
litical necessities of the SmGot ma
chine is in itself a subject of hilarity, |
and Mr. Booth, knowing what hap
pened 10 Mr.. Lippman, is letting Judge |
Marshall alone and cudgeling his brains |
in a vain effort to figure out method |
Of redeeming the Smoot- Sutherland |
promise TO Mr.. McCTQa