The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-06-22
WOULD HE SERVE ITO

!" W. LIZ III Il L.
That is certainly very curious read
ing which discusses in the Washington
dispatch the proposition whether T..
IS Marsha Anderson Of this State
would serve subpoena on President
Joseph f. Smith if il were sent to him.
Anderson himself seems to think there
might not be any obligation upon him
to serve it, as 1.-The matter does not
seem actually to lie within the de.
partment of Justice. However, he an
nounces that he would serve the sub
poens if sent 10 him
OF course. we all know that Mr.
Anderson holds superior allegiance
to Joseph F Smith 70 that which he
owes to any other authority or power.
His obligation of citizenship, his duty
as sp official. would necessarily, by
reason of the obligations which he has
incurred, bend to the will Of President
least likely, therefore. that Mr.. Ander-
son would serve this or any other pro
cess upon President Smith. if Presl-
dent Smith seriously objected to that
service. If he did not object, 1t is like
" enough that Anderson might serve
the subpoena; otherwise not.
All this is well understood in Utah.
The singular part Of IT is, that II should
be so well understood in Washington.
But, since il is so well understood there,
cd
that special officer might have TO be
sent TO serve the subpoena, in conse-
quencc of the doubt whether or not An
derson would serve it, we venture TO
call the attention OF the American peo.
pie 10 the condition thus revealed.
There is here a United States Marshal,
officially vested with the power and
duty of serving United States court
processes, but also any Federal pro
cesses that are TO pe served in the or
dnary activities Of his office When
the Smoot investigation was on in
Washington. Ben Haywood was L. S.
Marshal, and there was never any ques.
tion raised. either in Washington or
in Utah, about the diligence and faith.
fulness of the service that Mr.. Haywood
would render in serving the subpoenas
that were sent from the Senate com
mittee to bim wherever ii was IN his
power. Mr Haywood used TO tell some
very curious stories about how wit
nesses would flee. or whole communities
would be in panic when he appeared,
and how difficult il was in some cases
to find the person on whom the sub.
poena should be served. Occasionally
the fugitive succeeded in getting away.
and in a few cases even President
Smith himself was not able TO state to
the committee the location Of the per
son wanted. OF course, he himself
could have secured the presence Of
that person for any purpose whatever,
but he did not choose to exercise the
power vested in him to cause that per
son TO appear in Washington.
But Mr.. Anderson is distrusted. The
committee is in doubt whether he would
serve this subpoena or not. 1t is a
clear case that he will serve it if Prcsi
dent Smith does not order him not to.
But if he should receive quiet tip
by way of COUNSEL that President
Smith did not desire to he disturbed
in this manner Mr.. Anderson, of course,
would return the subpoena unserved,
Under the circumstances. which are
we'll known in Utah, there is no doubt
Of the firm foundation for the dstrust
which exists in Washington of the
truslworthiness Of the L. 5. Marshal
here, with respect to serving the sub
poena. That distrust is exactly in line
with the convictions Of all people here
who have made themselves conversant
with conditions that exist. But what
should be said from the Federal stand
point of the National Government hav.
ing here a marshal against whom such
Just suspicion is raised and expressed'