Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-03-05
ITS POSITION is STRAINED.
Cannot ConsCientiously Assist in
Trying 10 Have Trials
Held in Washington.
Believes That smith and Williams Of
The indianapolis News should be
Tried in indianapolis.

Washington. March 5.-Uuited States
Dist Atty Healing az Indianapolis has
resigned rather than participate in the
Efforts OF the department OF Justice 10
prne bclavan Smith and Joseph Puit-
zor to Washington to stand trial for
criminal libel boz connection with the
publications concerning the Panama
canal and railroad.
Mr.. kealings standing with the de-
pertinent of Justice IS said 10 be high.
In connection with tine Elkhart bank
case Mr. Kealng prosecuted and con-
vieted AN OF tho officials OF that in-
sttuuon, Including Walter Brown. who
was Dis close personal friend. and
member of the Republican state COM
miftoe
LETTER OF REsIGATNION.
indianapolis. March limited states
Atty. Joseph D. Healing. who has re-
signed his office rather than participate
in the prosecution against Deievsn
smith and Charles r.. Williams Of the
Indianapolis News would make no
statement today regarding the matter.
other than that contained in his let
ter or resignation TO the attorney-een-
eral dated March O. In that he says.
'Sir: beg 10 inform you chat
nave today sent my formal resignatlon
a- United States attorney for the ais
lLlcJ of Indiana, Co the president OF the
United States
y am Informed that indictments have
been returned by the grand Jury OF the
District of Columbia against DelayHu
smith ana Charles r. Williams. pro
prietors OF the indianapolis News. fnr
cflminal libel end that steps win be
taken 20 remove them o. that district
for trial. As both arc iu this district
under the law IL win become my ON
cial duty to assist in such removal pro
ceedings
For almost eight years ] have had
the honor Of representing the govern
ment as Uniteu States attorney. Dur
ing That time I have prosecuted all
auke. without fear or favor, where I
had an honest belief IN their guilt
have been compelled on seversl
occasions 20 prosecute personal
friends. but Ia each case ! only did 40
after thorough Investigation had
convinced me OF their guilt
In this case. i have made careful
nvesugation OF the law applicable
thereto A. TO the guilt or innocence OF
he defendants on the question Of libel
do not attempt 10 say. II guilty they
should be prosecuted but properly in-
dicted and prosecuted IN the right
place. viz at their homes II IL only
with the question OF removal that I
have 90 do.
Il am not iu accord with the gov
eminent iu It's attempt 10 put a strain
cd construction ON the law 10 drag the
defendants nom their homes 10 the
seat OF the government 20 be tried
and punished. while there Is "a good
and sufficient law iu this Jurisdiction.
OBJ The state court ] believe the prin-
ciplc involved ig dangerous. striking
at the very foundation OF our form of
government I cannot therefore. hon
estlE and CousCleutiouslY Insist TO the
court that such is the law. or that
such construction should be- put on 90.
Not being able TO do this, I do not feel
that ] can, in Justice 90 my ONCE.
continue to hold 10 and decline to as
sIst
Tn order therefore. 10 relieve US
both OF any embatra ssnent. 1 have
rendered mY resignation and have ask
ed that &C. bo accepted not later than
March 10. 1903. have made 70 OF this
date iu order that President Taft
for whom . have the highest respect
and dduintiou-m8y have time 20
uamc my succe ssor.
fSignedl Respectfully.