But of course ultimately I must be the judge as to acting on the advice given.

When, as in the case of the judgeship, I am convinced that the advice of both is wrong, I shall act as I did when I appointed Holt.

When I can find a friend of Odell's like Cooley, who is thoroughly fit for the position I desire to fill, it gives me the greatest pleasure to appoint him.

When Platt proposes to me a man like Hamilton Fish, it is equally a pleasure to appoint him." This was written in connection with events which led up to my refusing to accept Senator Platt's or Governor Odell's suggestions as to a Federal Judgeship and a Federal District Attorneyship, and insisting on the appointment, first of Judge Hough and later of District Attorney Stimson; because in each case I felt that the work to be done was of so high an order that I could not take an ordinary man.
The other case was that of Senator Fulton, of Oregon.

Through Francis Heney I was prosecuting men who were implicated in a vast network of conspiracy against the law in connection with the theft of public land in Oregon.