The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-08-07
IN INFLUENCING JUDGES.

1t may be set down as safe general
proposition that the man who would
attempt to influence a judge of DIS
trict or supreme court by threats or
withdrawing party favor, is just as
guilty of attempted bribery as the man
who would influence judge by giving
him money. According to his own ad-
mission the attorney general OF the
state of Utah, NJ A. Breeder, attempt
ed. in company with William Spry,
United States marshal to persuade j.
A. Howell. judge of the Second district
court. for political reasons" to decide
a certain case in a certain way. APP
parentiy, there can be no argument
about the facts in the case.
Judge Howell says that the facts are
as stated above; Attorney General
Breeder admits that the statements are
true. OF the trio Spry. and Spry only,
enters a weak denial The public will
take it as true that an attempt was
made to influence a decision of a dis
trict judge. Judge Howell has init
mated that further action in the mat
ter will be taken. He has even sug-
gested that he will cite the offenders
into court for contempt.
The truth is that the attempt by
Major Breeder and Marshal Spry to
influence Howell should cost both Of
ficials their positions. Breeder is
reputed To be a lawyer. If he is law
yer he must know that there can be no
more heinOus crime against good gov
eminent than the influencing of
judge. regardless of the equity and the
law of a given case to decide in favor
of one or the other parties. Major
Breeder as a lawyer-he is reputed to
be a lawyer-must know that nothing
could be more subversive of good gov
ernment.
To insinuate that a judge should de-
eide a case one way or another is to
strike at the foundation of our highest
IDEALS, for our courts are sup
posed to be above fear and above
reproach. Marshal Spry's action is
hardly less reprehensible in this
matter than Major Breeder. He
knows very we'll that he would not dare
TO so to the court of which he is an
officer with a proposition to decide
case one way or another for a political
consideration. He knows very we'll that
i he did go before that court with such
proposition he would end his career
as United States marshal. So much
for the Breeden-Spry-H Howell case.
Turn we now TO the Booth McCarty
case Booth, Hiram E., is United
States district attorney for Utah. Booth
is said to have gone to Justice Nc
Carly, and there is abundant reason for
believing the truth of the report, with
the statement that unless he distrib-
uted patronage in accordance with the
idea of the Smoot machine of which
Booth is a cog, he (McCarty) would be
beaten for d denomination 10 the SUI
preme bench. A supreme court justice
who would let himself be influenced by
such a talk would let his decisions be
Influenced by political considerations.
And a United States attorney who
would attempt to influence a state
judge is not worthy to be a United
states attorney.
One more matter, while we are on
the subject, is worthy of consideration
at this time. The Republican machine
in Utah has decided that Judge j. E.
Frick must be defeated for a supreme
court nomination this fall because
Frick refused to endorse Spry for the
The chances are decided
ly that Frick will be defeated. Now
the only way for the people of Utah to
show their resentment of this sort of
machine politics is TO defeat the Smoot
nominee. whoever he may be-and it is
certain that the nominee of the next
Republican state convention will be a
Smoot nominee.