The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-03-05
kEALIN &
RESIGNS
OFFICE
Does This Rather Than to
Prosecute indianapolis
News Men

Washington, March 5.-United
States District Attorney Healing al
Indianapolis has resigned rather than
participate In the efforts of the de
partment OF Justice to bring Deleyar
Smith and Joseph Pulitzer TO Wash
inGton to stand trial for criminal lib
ell, in connection with publications
concerning the Panama Canal anc
railroad.
Mr. Kealings standing with the de-
partment of justice is said to be high
In connection with the Elllhart Bank
case. Mr.. Healing prosecuted and con-
victed all the officials of that instltu-
tion incluJng Walter Brown. who
was his close personal friend, and a
member of the Republican state com
mission.
indianapolis. Ind. March 5.-United
States Attorney Joseph b. KealI1g.
who has resigned his office, rather
than participate in the prosecution
against Delevan Smith and Charles r.
Williams of the Indianapolis News,
would make no statement today re-
garding the matter other than tnat
contained in his letter of resignation
10 the attorney general, dated March
2 In that he says
Sir. | beg to inform you that
lave today sent my formal resignation
as United States attorney for the d,s-
trlct of Indiana. to the President OF
the United States.
Il am informed that indictments
lave been returned by the grand jury
of the District of Columbia against
Delevan Smith and Charles r. VIII
liams, proprietors of the indianapolis
News, for criminal libel. and that steps
will be taken 10 remove them TO thar
district for trial. AS both are in this
district, under the law II Will become
my official duty to assist IN such re-
moval proceedings.
For almost eight years, / have had
the honor of representing the govern
ment as United States attorney Dur
ing that time | have prosecuted all
alike, without fear OF favor. whero !
had an honest belief in their guilt.
Il have been compelled on several
occasions 10 prosecute personal
friends. but in each ease only did
convinced me of their guilt
In this case, have made a caro-.
full investigation of the law applicable
thereto AS to tho guilt or innocence
of the defense and the question OF
libel. don't attempt to say. If guilty,
they should be prosecuted, but pop
erly indicted and prosecuted In the
right place, VIZ: at their homes. II Is
only with the question of removal that
] have 10 do. | am not in accord with
the government in its attempt TO nut 4
strained construction of the law TO
drag the defendants from their homes
10 the seat of the government 10 be
tried and punished, while there is 4
good and sufficient law In this luIis-
6iction In the state court | believe
the principle involved Is dangerous.
striking at the very foundation OF our
form OF government | cannot. there
fore, honestly and conscientiouSly In
sist 10 the court that such Is the law,
or that such construction should be
put in it. Not being able to do this.
l don't feel that can. In justice 10
my office, continue TO hold 1t and de-
cline TO assist
In order. therefore, to relieve us
both of any embarrassment. / have
rendered my resignation and have ask
ed that II be accepted not icter than
March Is, 1909 | have male it ot
this date in order that PresidcGt Taft
for whom | have the highest re-
spect and admiration-may have time
10 name nv successor
Respectfully.
(Signed) JOSEPH b. KEAE1NG
United States Attorney
c. w Miller, who has twice been
attorney general Of Indiana. Will be
recommended by Senator Beveridge
for United States attorney TO succeed
Mr. Healing.