How Judge Woody Lost His Halo

Below is a blistering editorial scorning the Democrat candidate for Judge of Fourth Judicial District, Judge Frank Woody, printed in the Daily Missoulian two days before the November election of 1896. The Missoulian at that time was owned and edited by George E. Boos, a staunch Republican. His feud with Judge Frank Woody was a thing of fascinating vitriol.

Two Days Before

“Today is Sunday a day of rest, a day for meditation, the last Sunday before the conflict at the polls which will not only decide who is to be the next president of the United States but also who will govern Montana for the next four years. In these things the people of Missoula county are deeply interested, but there are local issues which come first. We are interested in knowing who will fill the county offices and more deeply interested in knowing who will dispense justice from the bench in the Fourth judicial district of Montana, a district comprising the counties of Ravalli and Missoula. As the monetary question has been the dominating issue in the national campaign so the election of a judge for this district has taken precedence of all other local questions. The candidates are Judge Woody who seeks re-election and Judge Reeves who wishes to occupy the seat now in Judge Woody’s possession. Judge Woody is the candidate of the democratic party, Judge Reeves, the candidate of republicans and populists who have joined forces. Why the fusion of these two parties was brought about is generally known. Had there been no political manipulation Judge Reeves would not have been the candidate of the republican party but F. C. Webster. Judge Woody and his friends recognized in Mr. Webster a man who would be a most formidable candidate and they prevented Mr. Webster’s nomination at Helena. Judge Woody, a democrat, taking as an active part as his republican friends. These facts are too well known to require dwelling upon. Having by a political trick thwarted the wishes of the republican party it naturally followed that the party would not surrender without a struggle and an alliance was formed with the populists of Missoula and Ravalli county, and Judge Reeves, a good man, and able lawyer, nominated for the district judgeship. The nomination met with such favor that Judge Woody, having foiled the republican party by a shrewd political move, not deserving of condemnation had it been practiced by one other than a judge, turned his attention to thwarting the wishes of the people. Judge Reeves received the nomination for district judge by the silver republican party of Missoula and Ravalli counties by petition. Judge Woody, for once legally acute, saw that an error had been committed and appealed to the state supreme court for aid which was extended. It was decided that the silver republican party did not exist in Missoula and Ravalli counties and the silver republican ticket was eliminated from the ballot, much to the chagrin and disgust of the many silver republicans in the two counties who will be prevented from expressing their opinions at the polls except at the cost of time and expense of labor. And all that to establish a technical legal point, valueless in the eyes of any except lawyers, or persons who pretend to legal acquirement. So much for the condition which exists as to the legal standing of the two men before the people. Their candidacy has brought out considerable which has had a tendency to destroy much of the halo which has to the dim eyes of many seemed to surround Judge Woody’s head.

Many and varied have been the charges made against Judge Woody since his candidacy, which, if true, show that he is not a fit man to occupy the bench and not a single charge has been disproved. The accusations against him are not new but they have not come so prominently heretofore before the public. It has been charged that Judge Woody is an unfair judge. The records prove that. It has been charged that he is a cruel and vindictive judge. In proof of this every member of the Missoula bar is willing to testify. It has been charged that he advocated the whipping post for vagrancy. There is a record extant which proves this beyond the question of a doubt. His friends claim this record has been falsified but there is other evidence in existence which substantiates the records, so the counter charge of falsification falls to the ground. It has been charged that Judge Woody has used his high official position to intimidate persons he knows are not favorable to his candidacy. Furthermore it can be established, it has been established, that Judge Woody has written threatening letters to citizens of Missoula county, giving them to understand that he remembered his friends and punishes his enemies. It can be established, it has been established, that in his mad desire for office he has been guilty of “undue influence,” an offense under the provisions of the penal code, Section 108 of which says. . .

These are but a few of the charges which have been made against Judge Woody, none of which have been disproved, which have been and still are going the rounds, and are being commented upon by all who want a fair judiciary.”

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Who was George E. Boos? A snapshot of his life appears in his obituary below, found in the same newspaper quoted above (11/1/1922).

George E Boos Missoulian Owner

Montana Pioneer Called By Death

George E. Boos, Former Missoula Resident, Dies at His Seattle Home.

George E. Boos, father of E. H. Boos of Missoula, one-time publisher of The Missoulian, died at his home in Seattle last evening. Mr. Boos was one of the prominent pioneers of Montana, and was well known in every section of this state during his residence here.

He was a visitor in Missoula last summer, having come to attend the meeting of the Montana State Press association of which he was one of the founders, and the National Editorial association. Mr. Boos was organizer of the Missoula lodge of Elks.

Mr. Boos was 71 years of age. He was born in Milwaukee. He came to Montana in 1879, and was in the publishing business in this state until 1900. For many years, he ran the Helena Journal and from there came to take charge of The Missoulian in 1894. He was here until he was appointed public printer by President William McKinley, in 1900. His home was in Washington, D. C., for many years.

In recent years Mr. Boos has been in the government census work and connected with the department of internal revenue. He has made his home on the Pacific coast, due largely to poor health. He had been failing for some time, but the end came suddenly as word received from a daughter with him in Seattle, a few days ago said he was improving and was able to be about.

E. H. Boos will leave here today to attend the funeral, which will be held in Seattle. Mr. Boos is survived by his wife, his son, E. H., and two daughters, Charlotte of Lincoln, Neb., and Antoinette, who lives in Louisiana. Mrs. Boos and his daughter, Charlotte, were with him at the time of his death.

The above obituary appeared in The Daily Missoulian on November 1, 1922.

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George’s son, Edward H. Boos was the advertising manager for The Missoula Mercantile Company from 1899 to his death in Missoula in 1937. He was a graduate of U of M.

How George Boos went to Washington

Below is a brief analysis of the Missoula political situation in 1899, furnished by a Butte, Montana newspaper – The Butte Miner. William McKinley, a former Republican governor, won the presidency in 1896, defeating the Democrat, William Jennings Bryan. With a Republican president in office, Missoula’s Republicans had been flexing their muscles, much to the chagrin of Missoula’s Democrats, who were in the clear majority. Missoula County’s presidential vote was about 86% in favor of the Democrat, Bryan (2259 to 365), but with a Republican administration in charge nationally, some unwelcome changes came to Missoula. It also explains how George Boos came to be in Washington D. C.

Missoula May 6 – Special Correspondence

The unification of the Republican party, a thing attempted by George E. Boos, who had a strong following, is much further away than it was a year ago, and further attempt to that end, except by some political genius, will prove to be a failure. The discordant elements in the party will not coalesce, the two factions will continue to strive each to annihilate the other and Democracy smiles. The local historian may find material sufficient to make a book, and perhaps some day that book will be written. It would have more than local demand if the truth were approached by the chronicler. Recent events seem to warrant a newspaper article which will briefly tell about moves made by Republicans, the scramble for spoils, as it were, and which side considers itself victorious – both factions apparently being satisfied.

When McKinley and Bryan were contesting for the presidency, Montana was decidedly for Bryan, the latter having the support of the Silver Republican party, no unimportant element in Montana and of generous proportions in Missoula county. To be a gold bug in those days was to be a marked man. George E. Boos, and an insignificant following, were gold bugs. The organization of the Republican party was in the hands of the Silver Republicans, leading lights of which were Hon. Thomas C. Marshall and William Q. Rauft [Ranft]. Mr. Boos was manager of the Missoulian, which during the presidential campaign was forced to assume a colorless attitude by the Silver Republicans, who even went so far as to threaten to start another paper if he preached pure Republicanism as he threatened to do. An editorial endorsing McKinley and the St. Louis platform had to be lifted from the forms of the Missoulian by command of the Republican county committee, which, as stated, was in the hands of the Silver Republicans.

When the votes were counted and it was found that McKinley and not Bryan was elected, the Silver Republicans of Missoula county proceeded to get into line as rapidly as possible and to demand the spoils of office. Col. Marshall assumed the office of chief pap distributor, and Mr. Rauft [Ranft] became wet nurse the party. There were several places to be given out and one register of the Missoula land office, was transferred to Mr. Rauft [Ranft], a Silver Republican. Control of the Flathead Indian agency passed into the hands of W. H. Smead, a stalwart, and E. E. Hershey became register of the Missoula land office.

The one particular prize in view, however, was the Missoula postoffice, and George E. Boos became a candidate for that position. He received most hearty endorsement, whatever may be said to the contrary, as recommendations on file will prove. But Mr. Boos was persona non grata to Col. Marshall and Mr. Rauft [Ranft], and they made no secret of their endeavor to defeat him; notwithstanding this, Mr. Boos loyally supported Col. Marshall for congress with his paper. The colonel was defeated by A. J. Campbell, a man whose position is much more admired that (sic) he is himself in Montana. Some consolation, however came to Marshall-Rauft [Ranft] as they succeeded in electing Tyler Worden state senator from Missoula county and sending Henry C. Stiff with a speakership bee in his bonnet to the legislature. In the meantime a vacancy occurred in the mineral land commission for the Missoula district and Col. Marshall secured the place for Jule Hartley.

The wishes of a hold-over Republican senator in regard to federal appointments could not be ignored by Senator Carter and Senator Worden was consulted about the Missoula post office. Senator Worden, Marshall and Rauft [Ranft] are good friends. Senator Worden informed Senator Carter that he would not indorse George E. Boos. Marshall and Rauft [Ranft] cast about for a man to defeat Boos. Charles Dorman, an employe of the Missoula Mercantile Co., was proposed, but Mr. Dorman declined the honor. Then the place was offered to William Simons, a druggist, but a howl of protest went up from the people and Senator Worden withdrew his endorsement. George Keep, chief clerk at the Florence hotel, was next endorsed by Col. Marshall and Rauft [Ranft] and of course recommended by Senator Worden. Senator Carter was somewhat disturbed in mind. Boos had good backing, but he was not in with the push. The senator found a way out of the difficulty. He secured a place for George E. Boos at Washington, chief of the census printing department, with a good salary attached. Mr. Boos accepted the place. Mr. Keep was then assured of the postmastership, which he will have within a few days.

The Silver Republicans are jubilant and the regulars correspondingly depressed, for Mr. Boos will be removed from Missoula. But everybody is not pleased. There are other Republicans in Missoula besides Col. Marshall and Mr. Rauft [Ranft] and they want recognition. They claim they are entitled to notice because of long service in the party; it is doubtful if they receive it. The harmony at present in Republican ranks in Missoula could not be gathered in sufficient quantity to become visible under a powerful microscope. And Democracy grins.

Like Butte, Missoula had a new mayor and a new council that did not agree. Unlike Butte, though, Missoula’s mayor and council got together. This was not accomplished by the council going to the mayor but by the mayor going to the council. The mayor is not one who will have peace if he have (sic) to fight for it. He seems to have solved a problem that has been found to be quite difficult elsewhere. According to his way of thinking the wisest thing for an executive to do is to resolve himself into a ratification board, and endorse the demands of those who are supposed to endorse him. Perhaps this is the best way but it is a new departure. Missoula now has a marshal that is acceptable to the council but not to the mayor, and also several other officials.

A thing that has set men to thinking about the necessity of civil service rules for the police and fire departments of Montana was the dropping from the police force of Missoula of L. M. Keim, who had been a model policeman for twelve years. Not a charge was ever brought against Mr. Keim. He is still a hearty and vigorous man, though somewhat advanced in years. Yet after twelve years of faithful service, not a black mark against him, he was cast aside as ruthlessly as one would throw a dead cat in an ash heap.

The above excerpt appeared in The Butte Miner newspaper on May 7, 1899.

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Woody versus Reeves petition (1896)

“The people of Missoula county bow to the decision of the state supreme court. They accept gracefully the mandate. Judge Reeves’ name will appear on the official ballot but once instead of three times. Perhaps, it will be the best thing that could have happened for him as it will have a tendency to concentrate strength which otherwise might be wasted. The ticket will be less complicated, and for this, election judges will return thanks to the state supreme court for its consideration in lessening their labors which will not now be as arduous as they would otherwise have been. If the republicans and silver republicans of Missoula county erred in attempting to have the name of Judge Reeves placed upon the official ballot in the manner they did, the error was made while acting in good faith, and through a misunderstanding of the law which has been so lucidly construed by the judges of the state supreme court. The conventions of the republican and silver republican parties of Missoula county were held in regular manner, the delegates to those conventions being chosen by regular primary. Petitions from citizens of Ravalli county, which is in the Fourth judicial district of Montana, asking that the name of Geo. W. Reeves be placed on the republican and silver republican tickets it was inferred would be equivalent to a nomination made by a joint convention; also to make assurance doubly sure, George W. Reeves received the nomination for judge of the Fourth judicial district of Montana by petition of citizens of Missoula county. All means known to the lay mind were used to secure the nomination of George W. Reeves for district judge in a legal manner. That it was the desire of a large number of people that Judge Reeves’ name should be placed on the official ballot under the head of the republican and the silver republican party respectively is evidenced by the names upon the petitions, placed there in good faith by citizens of Ravalli and Missoula counties. It remained for the learned jurist who is the nominee of the democratic party for judge of the Fourth judicial district of Missoula county to discover the flaw in the proceedings of a body of laymen and to invoke the aid of the state supreme court to sustain him for once in a decision handed down to himself by himself. The prayer of the petitioner was granted. The state supreme court was called upon merely to construe the law and exercise its function in a legal and legitimate manner. Judge Woody has achieved a victory, but at a fearful cost to himself, of which we, however, should not complain; but rather rejoice. There is law unrecorded in statute books which is observed by men who desire justice above all things. The will of the people is superior to the will of courts. The man who attempts to thwart the will of the people is as a straw opposed to a gale. The state supreme court has passed upon the petition of Judge Woody, which, bristling with technicalities, was found to be constructed according to legal plans and specifications. On the 3^rd of November next the petitioners will pass upon their own petition. The ballot box is the appellate court of the laymen. What the decision of that court will be there is no question of a doubt. From that decision there can be no appeal for four years.

Perhaps Judge Woody did not think of these things when he prepared and submitted his case to the state supreme court. He showed himself to be a better lawyer than a politician, a surprise to his intimates, who, however, much they may respect him as a man are not, or may not have been heretofore strongly impressed with the strength of his legal lore. When he manipulated the convention which placed E. E. Hershey in nomination for judge of the Fourth judicial district of Montana, the nomination being made by friends who had gathered proxies by every wile justified by political honor, he proved himself to be no novice in politics and his friends were lavish in their encomiums to which he may or may not be entitled. Those acquainted with the circumstances can best determine whether the honor belongs to him or the Anaconda Copper Mining company. However, there is no one in Missoula or Ravalli county who wishes to pluck one thorn from the political crown which was placed upon his brow at that time when he was hailed king of manipulators. No one in Missoula or Ravalli county wishes to wrest from him any honor, questionable or otherwise, he has achieved, or had thrust upon him. If his judicial ermine has been rent and torn by his struggles to get through the political hedge into the open, surely he has the ability to neatly darn and patch, even if he do (sic) not possess sufficient skill to make them appear invisible to scrutinizing glance.

Judge Woody may congratulate himself that he has placed gyves upon the wrists and ankles of the people of Missoula and Ravalli counties, but he should remember that the spirit of this people can not be shackled. The desire of the people of the Fourth judicial district of Montana can not be thwarted. It will overleap all obstacles, burrow through all obstructions and find free and untrammeled expression. The people of Missoula and Ravalli counties are law-abiding; they have respect for the courts of the land; in their desire for justice they will do naught to make themselves amenable to courts, even courts which are presided over by men of narrow and prejudiced minds, but, seeing the right, they will do their duty, unmindful of judicial wrath to come, nor fearing the enmity of that power in Montana, which makes some men cringe but others walk upright.

The wild gazelle on Judah’s hill, Exulting, yet may bound.“

The above article appeared in the daily Missoulian on October 14, 1896.

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