The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-08-26
COUNC|LMEN TO
HOLD THEIR JOBS
Smoot Crowd Unable to Find
Grounds to Bring Suits
to Dust Them.
LAWYERS TURN DOWN PLAN
ONLY A BARE CHANCE TO "GET"
TWO MEMBERS OF BODY.

The 6moot machine, which announced
loudly a few weeks ago that it pro-
posed 10 Gust five Salt Lake city coun-
cilnen for accepting illegal fees and
thus parallel in Salt Lake the Ogden
scandal, has apparently abandoned the
attempt after taking legal advice.
Nearly month has passed since the
announcement of the machines inten-
tons was first made and nothing has
been done. From authoritative sources
the information comes that nothing will
be done
The charge which It was proposed TO
lodge against the coCnCilmen was that
they had accepted extra compensation
for serving on the board to equalize
water rates. The five men mentioned
were A. j. Davis and l.. d. Martin,
Americans; +. s. Fernstrom and w.
j. Thuddenham, Democrats and j. II.
Preece. Republican. When the ordi-
dance allowing the extra compensation
was passed. all five of these men who
afterward accepted the compensation
were either members of the council
or had been elected 10 il, though none
OF hem knew at the time that they
would be members Of the board or com
mittee which would receive the extra
compensation.
Lawyers Frown on Scheme.
When the Smoot machine consulted
lawyers IL was found that the law ,un
der which they sought to bring action
against me five counc:lmen specifically
provided that an officer can be removed
for receiving Illegal fees only during
the term of which he was elected.
Messrs Martin. Tudd enham ard Fern
strom have been reelected since they
committed the acts i'm question, and
the SmoOtites were advised that there
wasn't the shadow Of a chance TO re-
move them from their present offices
for something committed during an
other term.
This narrowed the matter down to
Davis and PreeCe. The latter had been
elected to the council but had rot taken
his seat when the ordinance allowing
extra compensation was passed. The
machine was advised that under such
circumstances = conviction could not
be secured, and the same advice was
given as to Davis, who. while a men,
Der of the council when the ordinance
pass cd. had not been appointed a MEM
Der OF the committee, and who was
sworn i'm for another term after the
ordinance passed.
In brief the machine leaders were ad-
vised that tine cases of the Salt Lake
councilnen did not correspond i'm any
manner TO the Ogden case. wherein the
supreme court ousted the accused. In
the Ogden case there was 10 ordinance
allowing the extra compensation. l.
was merely voted by resolution after
the services had been performed
Are up a Stump.
The machine leaders. therefore. are up
a stump They admit that there isn't
the slightest chance TO make a prose-
cution stick" against Fernstl ON, Tud-
denham and Martin. II they so after
Davis and Preece. who may be techni-
Cally guilty. they feel that the chances
are that they will lose their cases be-
fore "A jury.
Moreover. should they convict Preece
and Davis. they would be ousting a
Republican I'm order TO take the scalp
OF an American" In fact, Davis would
probably be reelected. as there is moth
ing in the law forbidding such an &C
ton. II would pat an American" in
Preecc's Ilace. thus increasing the
American majority by one.
CaIIister Hatched Scheme.
The plan to Dust the councilman, 4
is said. was Matched by Internal Reve-
nue. Collector e. II. Callister. himself
a former member of the council. Mr.
Callister is the chief lieutenant of Sen
ator SmOOt and ii is said, was in
sisteut that action DC instituted until
lawyers told him positively that there
was chance TO get" only two coun-
cilmen at the outside. and that it was
most decidedly a slim chance with
every prospect of ignominious failure.
SALTAIR BATHING.
II is as good as ever. Try Il and
prove il for yourself