Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-03-09
ATTORNEY QUITS WHEN
TOLD TO SUE EDITORS

WASHINGTON, Marcn 5.-United states
District Attorney Healing. at Indianapolis
has resigned rather than participate IN the
efforts of the department of Justice to
bring Delavan Smith and Joseph Pulitzer
to Washington to stand trial for criminal
7libel in connection with publications CON
cernings the Panama canal and railroad
District Attorney Healing in a letter
to the attorney general. dater March ?,
says:
Il beg to inform you that / have to-
United States attorney for the district
United States attorney for the district
of Indiana, to the president of the Unit
ed States. with the request that the
same be accepted not later tim March
18TH 1909.
II am informed that indictments have
been returned by the grand jury Of the
Dietrict of Columbia, against Delevan
Smith and Charles B. Williams, prcorl-
etors of the Indianapolis News, for
criminal libel and that steps will be TAX
en- to remove them to that district for
trial AS both are in this district, un-
der the law it will become my official
duty to assist in such removal proceed
ings.
For almost eight years. 1 have had
the honor of representing the govern
ment of the United States as attorney.
During that time l have prosecuted ali
alike, without fear or favor, whers
had an honest belief in their guilt.
Il have been compelled on several oc-
casions, to prosecute personal friends,
but in each, case ! only did so after d
thorough investigation mad convinced me
of their guilt.
I'm this case, 1 have made a careful
investigation of the law applicable there
4 - a..
defendants on the question of libel, / 40
not attempt TO say. If guilty, they
should be prosecuted, but prop
erly indicted and prosecuted in the
right place, viz: At their htmes. 1t is
only with the question of removal that
l have to do.
81 am not in accori with the govern
ment in IFS attempt to put strained con-
struction on the law, to drag the defer, d.
ants from their homes to the seat of gov
eminent, 10 be tried and punished. while
there Is good and sufficient law in this
jurisdiction, in the state court.
Il believe the principle involved Is 6
dangerous one, striking at the very
foundation of our form of government
l cannot, therefore, honestly and con
scientiously insist to the court that such
is the law, or that such construction
should be put on it. Not being able tc
this, do not feel that l can, in justice
to my office, continue to hold it and de-
cline to assist.
I'm order, therefore. to relieve us both
OF any embarrassment. have rendered
my resignation, and have asked thst Al
be accepted note later than March 18th
1909. 1 have made it of this date in order
that President Taft-for whom / have the
highest respect and admiration-lnay have
time to name my successor"
Mr.. Healing has held the Office of Unit
ed States district attorney for nearly
eight years and his standing with the de-
partment of justice is said to be high. In
connection with the Elkhart bank case
Mr.. Healing prosecuted and convicted all
the officers of that institution. including
Walter Brown, who was his close personal
friend, and member of the Republican
state committee
{. W. Miller, who has twice been at
torney general of Indiana. will be re-
commended by Senator Beveridge for
United States attorney to succeed Mr.
Healing.