The herald., 1896-09-13


limits. What he does object to is the
doing of what the constitution says he
doing Of what the constitution in effect
says he shall not do, namely, he objects
to the presidents interference "in the
domestic affairs of any state. except
upon application of the executive, when
Now is It "T5ossnne -tnau we nave a
United States attorney-general who
does not know that the enforcement of
a law of the United States is not. in its
constitutional sense, "the domestic at
fairs OF any of the states? What law
yer-except the United States attorney
general does not know that both the
making and the enforcing of United
States laws, is a national affair Of the
federal government, and not the "domes-
tic affairs of any of the states?
I shall not undertake to say whether
Attorney-General Harmon's miscon-
struction of Bryans letter is attributa-
BILE to his lack of proper training in con-
stitutional law, or in the English Ian
guage, or both, or whether it comes from
morbid desire to pervert and mlsrep-
resent position which he knows he can
not successfully assail with the weapons
of truth or logic.
Your correspondent has had but little
to do, officially or otherwise, with our
present distinguished attorney general
but that little was not calculated to in
spire very exalted opinion of his quail
ficatiOns, either as an expounder of the
federal constitution or his fitness for the
high office he holds, as the head of the
department of justice, as the following
facts will show:
Some time In the month of January
last, while in Washington city, I re-
ceived from Los Angeles letter written
in behalf of Messrs. w. H. Clunie and
others, then under conviction and sem
tence for participating in the Los Ange-
les railroad strike. requesting me to see
Colonel Robert Christy their Washing
ton attorney, and if possible aid him in
procuring for these young men par
done by the president. After seeing Col.
Christy and acting upon his suggestion,
1 called at the office of Attorney-Gen-
| eral Harmon, where I was informed
| that the matter was in the hands of Mr..
| William Endicott, jr., the attorney in
charge Of pardons. I then Immediately
called on Mr.. Endicott. who stated that
| the petition for the pardons in question
had been received, and forwarded to the
| United States district attorney at Los
| Angeles, who had prosecuted the case
| and a report requested, both by him and
| the United States judge before whom
the applicants had been tried. And Gas
1 understood him to say) under rule
of the Office, it depends upon the nature
Of this report whether the petition will
| De sent 10 lIle pTSSlueNl VI HUI. IL ttSS
report adversely, the petition will go nc
| further: but otherwise it will be sent tc
the president" l was further politel!
| informed that as soon as the report was
! received I should be advised of the fac'
/ and of it's nature. With this assurance
+ took my leave of the young attorney
in charge of pardons," though couie
scarcely believe that had correctly un'
derstood his version OF the rule o9
which petitions. for pardons were dls
posed of, because I had very decloee
impression that the constitution OF In.
United States clothed the president VIII
the power to pardon or to refuse TO par
don, and not the government prosecut
ing officer; nor the judge from the sever
ity Of whose sentence paruoh was III
tended to furnish relief.
A few days later. however. the recelp
of the following letter proved to me ina
I had not misunderstood the languag.
of the "attorney in charge of pardons.
1t reads as follows:
"In re application for pardon of W. H
Clunie ct al: Department OF Justice
! Washington, D. c., February II, 1895:
"Z. Montgomery, esq, Box 'l75, Wash
ington, D. c.: Sir-The papers in th
above case have been referred, in ac
cordance with department practice, t.
the United States attorney for thu
southern district of California for hi
consideration, and he has reported ad
versely thereon, being of the opinion
that the case is not one in which exec
utive clemency should be exercised
Trial judge concurring. The report o
the United States attorney and tria