The Birmingham age-herald., 1909-03-06
UNITED STATES
 ATTORNEY QUITS
He Will Take No Part In Pan-
 ana Canal Libel Case
PLAN OF SUIT DAN 1EROUS
Attorney Says That He Is Not In Ac- cord With the Government In It's Attempt to Strain the Law
 for Libel.

Washington. March 5.-United States Dis trict Attorney Healing of Indianapolis has resigned rather than participate in the ef- forts of the department of justice to bring Delavan Smith and Joseph Pu- litzer to Washington to stand trial for criminal libel in connection with publi- cations concerning the Panama canal and railroad
 District Attorney Healing in letter to the Attorney General, dated March 2, says:
 T beg to inform you that l have today sent my formal resignation as United States attorney for the district of Indiana to the President of the United States with the request that the same be accepted not lated than March 15 1909.
 "I am informed that indictments have been returned by the grand jury of the District of Columbia against Delavan Smith and Charles B. Williams, proprie- tors of the Indianapolis News for crim- inal libel and that steps will be taken to remove them to that district for trial. As both are in this district, under the law it will become my official duty to assist in such removal proceedings.
 For almost eight years l have had the honor of representing the government of the United States as attorney During that time l have prosecuted all alike, without fear or favor, where l had an honest belief in their guilt
 T have been compelled on several oc- easions to prosecute personal friends, but in each case I only did so after thor ough investigation had convinced me Of their guilt
 "In this case I have made a careful investigation of the Jaw applicable thereto. AS to the guilt or innocence of the de- fendants on the question of libel l do not attempt to say. If guilty they should be prosecuted, but properly indicted and prosecuted in the right place, viz: At their homes It is only with the question of removal that I have to do
 "I am not in accord with the govern ment in its attempt to put strained con- struction on the law to drag the de- fendants from their homes to the seat of government to be tried and punished while there is a good and sufficient law in this jurisdiction in the state court.
 T believe the principle involved is dangerous one, striking at the very foun- dation of our form of government cannot, therefore, honestly and conscien- IlOuSly lHSlbl u llS GOuAl thdh SASii 's the law or that such construction should be put on it. Not being able to do this I do not feel that I can, in justice to my office, continue to hold 1t, and de- cline to assist.
 Tn order, therefore, to relieve us, both of any embarrassment, I have rendered my resignation and have asked that it be accepted not later than March 10, 1909. I have made it of this date in order that President Tsft-for whom I have the highest respect and admiration-may have time to name my successor"
 Mir Healing has held the office of United States district attorney for nearly eight years and his standing with the department of justice Is said to be high. In connection with the Ellkhart bank MT. Healing prosecuted and convicted all the officers of that institution, including Wal ter Brown, who was his close personal friend, and a member of the republican state committee.