The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-08-15
JUDGES FORCED
into POLITICS
Justice MCCarty Makes Sweep
ing Charges Against Suther-
land and the Machine.
GIVES OWN EXPERIENCES
SAYS OTHER JUDGES HAVE BEEN
DRAGooNED INTO SERVICE.


(
dtor Sutherland's charge of hav- y
ing been unduly active in the Re =
puDlcan politics Of the state while =
occupying a position on the bench. =
Judge McCarty asserts that his =
political work was forced upon =
MN by Senator Sutherland, and =
ne ADDS the charge that "a gen. =
tleman holding a high judicial Of =
nee has been compelled to as =
sumo a position in politics dis =
tasteful to him personally and y
harmful to his influence by the =
y same machine. =
Judge McCarty charges in addi- y
ZION that Senator Sutherland and =
the Republican machine have y
forced the judiciary of the state of y
that party TO become active DO =
= litical workers.
The text of Justice McCarty's ,
y letter follows: t.
**<<<*%+%%+%%%&%+4%+%%%A%%
Salt Lake City, Utah, Aug IA, 1906.
Hon. George Sutherland. L. S. Senator,
Salt Lake City, Utah:
Dear Sir-YOur open letter of this
date, which is no more than what is
known in legal parlance as an answer
in confession and avoidance" is before
me. Your confession of all the matters
contained in my open letter to you and
the machine" is 50 sweeping AMI
complete that l would be perfectly
willing to terminate the controversy
and finally submit it to the public on
your own admissions were it not for
the fact that in your adroit and partial
plea In avoidance you have injected
some assertions in which you question
nrf IN af Il.
spent my time ''in unseemly political
controversy" etc, because of the high
and di6nified Office with which / am
hOnored by the people of this state,
Now, senator, whatever legitimate
criticism / may be subject to for what
L have done along this line. YOU and
the other members of the machine are
estopped not only from criticizing me
because Of political activity on my
part, but you cannot be consistent and
make the slightest objection to my
having taken part in politics while Oc-
cupylng a judicial office. because al
the correspondence, as well as the nu-
merOus interviews that l have mad with
you have been by your invitation AS
you seem TO have forgotten much that
has transpired respecting your own
affiliations with members Of the Judi
ciary in active politics, permit me to
invite your attention to a very few Of
the many incidents I'm which you have
asked at least one member Of the ill.,
dietary. quoting your own language, TO
advertise his utter unftness to occu-
py judicial office by supporting your
candidacy for political preferment
Sutherland a Suppiant.
In 1860, when I was district Judge,
when you were a candidate to attend
the national Republican convention az
a delegate, a few days before the Re
publican state convention met, you
called on me at the Cullen hotel I'm this
city and asked me TO use whatever IN
f1uence / may have had with the dele
gates to that convention with whom I
had any acquaintance to support your
candidacy. And between that time and
the meeting of tie convention, at your
solicitation, I had frequent interviews
in which your candidacy was discussed.
That same year, after you were nom
mated for congress and were canvass
ing the state in company with James
T. Hammond at your solicitation, I
met you at Salina and accompanied
you on your campaign through Sewer
county.
In the winter of 1901-02 you again
called on me at the Cullen hotel and re-
who was then. and is now. member
Of the supreme court, and try TO pre-
vail upon him to go and see the leaders
Of the Mormon church, you giving as u
reason that he was very friendly with
them, in the interest of another gen.
tleman who was then candidate for
a high judicial office. That request, OF
course, I refused to comply with.
Two years ago. and since I became a
-
state, you called at my office and re-
quested me TO write to some OF my Re-
publican friends in Sewer county re-
specting q certain alliance which. it
was charged. YOU had made with other
politicians and ask them TO defer their
judgment until you could see or COM
municate with them. Fearing that de-
lay might be dangerous you requested
me to telephone the Republican chair
man of that county, which l did
Another Judge Asked for Aid.
After the Republican convention was
held a certain gentleman holding a
high judicial office was placed on the
Republican state executive committee,
and when members Of the bar ex-
pressed to him their doubt as to the
prOprietY of his remaining upon that
committee he IS quoted as having said
that he was placed in a very embar-
RAISING situation. that he did not care
to serve. but should he resign they
(referring TO those who now compose
the machine) would attribute his act
to fear of criticism by members of the
American party.
A short time before you left for
Washington to attend the recent ses-
sion of the United States senate you
sent William McCrea with d special in
vitation to me 10 attend a meeting &c
be held by some Of the leading Repub-
licans in your Office for the purpose Of
talking over the situation" | an
swered Mr. McCrea that 1 had some
doubt as to the propriety of my attend
ing a meeting of that character He
answered that he had made the same
suggestion TO you at the time you re-
quested him to call and see me, and
Continued on Page 10.