The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-04

trade of a burgler where he receives po-
lice protection for score of years is
no reason why he should be allowed to
continue his nefarious business when ms
protectors desert him. The same reason
ing applies in this case. Because SINH
lar cases have never been prosecuted Is
no reason why they should not be prose-
cuted now
Mr.. Maynard again referred to the
lengthy argument by Mr.. Waldron by
STbe learned gentleman from Denver
talked an dav yesterday and will talk
all this afternoon, and when he has I'm
shed he will not have proved anything.
Government in False Light.
Continuing, Mr.. Maynard said:
THE defense. il seems. is trying to put
the government in a false light. II con
tends that the government is trying TO
create a new crime The defense also
claims that under the present coal act no
Indictment can be framed. That which
congress prohibited was prohibited to pre-
vent crime The coal act has been law
for years and violations Of it are not new
crimes. There are now in four different
states similar actions being prosecuted
Indictments have been returned under the
same law by which the grand jury has
found true bills against these defendants
Congress has declared that an attempt to
defraud the United States in any manner
or for any purpose is a crime against
the government and the people. There Is
no WaVering or hesitation IN the terms
of this act. 1t means that the govern
ment is all powerful and that 1t VIII re
sent any overt act against the majesty
of the people
During the argument Mi. Maynard cited
the case of the people at Price. IN Emery
county, during the past winter, where
many were saved from freezing because
one man owned 100 acres of coal land
which he worked and from which ne sold
coal by the bushel basket
Suppose this association had secured
that land what would the people of this
locality have done?" argued Mr.. May
nard
This condition of affairs is Just as
likely to exist some winter in the future
in the districts in which this ASSOCIATION
has acquired coal lands. Is that right!
should the government stand for any at
tempt to rob the people of what IS right
fully theirs2 l do not think that any
court would sustain such a contention.
Difference in the Men.
There is a marked difference in the
characteristics of the men who are figur-
ing so prominently in this case which
promises to be one of the most famous OF
its kind in the annals of American Jurls-
prudence before the supreme court finally
masses upon It. Mr.. WaldrOn, who ap-
pears for the indicted men, is one OF the
leading corporation attorneys IN the west
Impulsive, quick TO think and quick to
act. uFdUdllC anu lliOllittu ~ " Ae'NDAi
cal he has a voice which. when he eX-
erts it to its full power, fairly thunders
and has such carrying power tnat II
breaks through the barriers or the court
room and echoes through corridors OF the
federal building He is unlike most cor
poration lawyers in this respect and at
times it seems as though he were argu-
ing to a Jury in a murder case instead
of TO the impassive figure of Judge Mar
shall which is the personitication OF Sc
renity.
MIR. Maynard. the special assistant to
the attorney general, is man of Few
words. Cuncisely and in a cool, easy
manner he argues to the court. He is not
oratoricaI nor inclined to get excited.
His logic is apparently faultless. He IS
man Of few words but makes every one
Of them count
Argument by Both.
Before Mr. Maynard addressed the court
Yesterday Hiram Z. Booth, United States
district attorney for Utah. defended the
wording of the indictments 1t had been
ALLEGED by c. S. NaTian for the defense
Tuesday that the indictment failed to
state the specific dates upon which the
alleged criminal acts were committed anu
in this connection he said.
From the time the first payment was
made by the association to secure lands
by what we allege to be fraudulent meth
DDS down to the time their last entry was
made, acts were being continually COM
mitted in themselves sufficient to sustain
the indictments The very first money
payment was an act of this character as
were all the others
After Mr.. Maynard and Mr. Booth had
concluded Mr.. Waldrou replied and con-
sumed the rest of the afternoon. He fol-
lowed closely the line of argument he
used yesterday and paid special atten-
ton to a detailed analysis of the famous
Trinidad case in which the supreme court
of the United States decided that an
equity action to compel the Trinidad
company of Colorado to surrender certain
lands fraudulently obtained would lie.
Mr. Waldrons argument concluded the
case and il was submitted to Judge Mar
shall. As both sides have thirty days in
which to file their brief the decision Will
probably not be forthcoming for at least
tpro r0onfhS