The Montgomery advertiser., 1909-03-06
ft- >H<-s--<~<< -----s- DE'E|ER!S WITH
 'GOYERNMENT Oistfict :. Attorney Has
 Resigned.
 RESULT OF LIBEL SUITS EeaiIas oflndianapolis Objects to z Removal Proceedings. C4..sssse yustsre in Trying Deiavsn
 spisA .Aaa Joseph rulit.er.
 At e1Ae. s..t. Of The Capitol. .e .

Wilmington, March nited States District Attorney Kealing. Of India Enapoiis. has resigned, rather than participate in the efforts of the De- pertinent of Justice, to bring Delavan Smith and Joseph Pulitzer to Wash ington to stand trial for criminal HbeL in conHeet ton with publications Con oorning the Panama canal and rail-
 DistrictsAstorney Healing in a letter to theA Attorney General dated March
 T beg to inform you, that have to- day sent my formal resignation as United States Attorney for the Dis trict of Indiana to the, President of the the same Joe accepted not later than T am informss that indictments have been returned by the grand jury of the District of Columbia. against DelavaH Smith and Charles B.. Will Hams. proprietors of The Indianapolis News. for criminal libel and that steps win be taken to remove them to that district for trial As both are in this district. under the law, 1t 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 of the United States as attorney. During that time I have prosecuted all alike. without fear or favor. where I had an honest belief in their guilt.
 T have been compelled on several occasions, to ls prosecute personal friends, but in each case only did so. after a thefoigh investigation had convinced me of their guilt.
 Tn this case sfshave made a care- ful investfgation of the law applicable thereto. As 10 the guilt or innocence Of the defendants on the question of libel 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,
 Differs With Government.
 II am not in accord with the gov ernment. in It's attempt to put a strain ed constructtons on the,law. to drag the ,defendants From thier homes. to the seat or govsnmsnt to be tried and punished, while there is good and Isufficient law in this jurisdiction. in the state court. [-4 ! believe the principle involved is dangerous. one, striking at the very foundation of our form of government. cannot therefore. honestly and iconscientiously insist to the court. that kSuNh io tnc law or Lnat, such -ConStruc- Etfon should be put on it. Not being able to do this. I do not feel that can. in Justice to my office. continue Ito hold it and decline to assist. r
 Tn order, therefore to relieve us both of any embarrassment. I have sfendered my resignation and have asked that it be accepted. not later than March 15. 1909. have made ii of this date, in order that President Taft. for whom have the highest respect and admiration, may have time to name my successor"
 Mir. Healing has held the office ot United States District Attorney for nearly eight years and his standing with the Department of Justice, is said fo be high. In connection with the Elkhart' bank case. MT. KealinE prose. cuted and convicted all the officers of that institution, including Waite, Brown, who was his close persona friend and a member of the Republi. can state committee
 e. W. Miller, who has twice beer attorney general of Indiana, will b, recmmended by Senator Beveridge fol United States attorney to succeed Mir Healing. -'~