The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-08-07
MAY LOSE
HIS FEDERAL JOB
Attempt to Influence Ogden
Judge May Involve Him
in Serious Trouble.
HIRAM E. BOOTH IS ANGRY
GOES TO SUPREME COURT AND
USES VIOLENT LANGUAGE.


Should Judge Howell of Ogden cite and
punish Attorney General Nj. A. Breeder
and United States Marshal William Spry
for contempt of court in attempting to in
fluence his judicial actions. it is believed
universally that Marshall Spry would be
removed from office by President Roose-
welt. Notwithstanding the Roosevelt tie
up with the SmOot machine in Utah, poll
iticians fail to see how the president
could escape from the record which would
thus be established.
The exposure of the attempt to influ-
ence Judge Howell, and Major Breeden's
| frank confession of it. have created big
political sensation and have thoroughly
| alarmed the machine leaders, who fear
the consequences to Marshal Spry. The
matter was the sole topic of conversation
IN legal and political circles yesterday,
and Republican officeholders ana polite
lans We're as loud as anybody else in their
remuneration or the attempt of their
party machine TO control the courts, a
complete exposure of which was made in
| Inc Herald yesterday morning
MAYOR Breeden is unsparingly con-
demned by his party associates for APP
peallng to judge TO be governed by po-
htical considerations in rendering a de-
clsloq, and then for admitting in the pub
| nc press that he made such an attempt
IL is lucky for Major Breeder that he
still has over two years to serve judging
! by the talk of his party associates yes
! terday, he would get few votes in a Re-
! publican convention this fall.
Feared Supreme Bench.
To make matters worse, Judge Howell
/ STANDS sponsor for a story that in that
famous talk at Ogden Major Breeder de-
claTed that he didn't want the cases OF
| the accused Ogden councilmen to go to
| the supreme court
| There are couple of Americans on
| that bench" Major Breeder is quoted as
saying, and l don't know what they
will do
| The two judges referred to were Chief
Justice George w. Bartch and Justice W
M. McCarty, and it was this statement
| OF Major Breeder that caused Justice
McCarty to ask Judge Howell to come
| down from Ogden Saturday and confront
MAJOR Breeder. When the three were
| together Judge McCartyt demanded to
know what Major Breeder meant by in
sinuatiDS that he (McCarty) would be in
fluenced by political considerations in
rendering a decision.
Major Breeder at once denied saving
what Judge Howell attributed TO him He
| declared that neither he nor Mr. spry
had said anything intinating a fear Of
I the supreme court, while Judge Howell
was equally positive that one or the other
| had made such a remark.
Judge McCarty declined absolutely TO
! talk for publication yesterday but to
| friends he expressed resentment of the
| insinuation that he is a member Of the
American party. He declared to them
that he is still Republican; that ne in
tends to remain such, and that he will
not permit the SmOOt machine and its
adherents TO read him out of the party.
Hiram E. on the Warpath.
When United States District Attorney
Hiram r. Booth read The Herald yester-
day morning he was the maddest man in
town. He went down to the supreme
court rooms rearing and charging-angry
to the boiling point over the exposure Of
his threat Of two years ago that the ma
chine would defeat Justice McCaTty for
denomination because the latter would not
consent TO the appointment of William
Spry as clerk of the court Mr. Booth
really INDUCED in violent language
He met Judge McCarty in the office Of
the clerk of the supreme court, and the
two had a heated conversation. Hearing
loud tones. people from the halls and
state library came crOWding into the
clerks office Mr.. Booth denied that he
had ever threatened Judge McCarty with
defeat, and Judge MCCaTty retOrted that
it was merely a question of construction
of language-that he interpreted what Mr..
Booth said a threat. Mr. Booth left
declaring that he would denounce the
SUI. do a U-u llC llblil Logan 10 Ols
George"
Why Spry Was Opposed.
The principal reason why the supreme
court judges unanimously refused TO ap-
point Mr.. Spry as their clerk came out
yesterday. They pointed out to Mr..
Booth, who was urging his candidacy and
breathing out threats of vengeance if his
wishes were not acceded to, that Spry
was chairman of the Republican state
committee. and one Of the most active
political workers in the state; that his
appointment would transfer the office OF
the clerk into a political headquarters
and lOunging place for heelers. and that
it would be highly improper to surround
the supreme court with such an atmOs-
phere.
Mr. Booth refused TO see the point,
however, and stubbornly cOntended that
the clerkShip was a political office, and
that the Republican state organization,
inasmuch as the judges of the court
the incumbent. Mr.. Booth made many
trips to the chamber of the judges in
sistine on his point
1t is said. however that he persistently
refused to ask Judge Bartch to support
Spry.
We're going to skin him anyway two
years from now" he is quoted as say
ing. land we don't want to be under any
obligation to him.
Will Help Judge Frick.
Among politicians the belief is general
that the exposure of the efforts Of the
SmCOt machine 10 dominate the district
and supreme benches will aid materially
the candidacy of Judge J. E. Frick for
the Republican nomination for supreme
judge this fall. As has been published in
The Herald the SmoOt machine has or
dered the defeat of Judge Frick solely
because the latter refused To indOrse Mr..
Spry for United States marshal.
Politicians are commenting on the fact
that in all three instances of machine at
tempt to control the bench Mr.. Spry fig
ures He held the conversation with
Judge Howell at ogden; it was on ac-
count of him that Booth threatened Judge
McCarty and il was for refusing TO in
dorse him for the marshalship that Judge
Frick has incurred the hostility of the
machine Despite the fact that he is hold
ing a federal office. Mr.. Spry is still
serving as chairman of the Republican
state committee, and as such is the nomi-
nal though not the actual, head of the
Republican state machine.
GREEK MINERS ON STRIKE.