The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-03-12
KEELING'S PROTEST
AGAINST ILLEGALITY.
.%~%~~~~~~~~@~~~t
Atlanta Journal.

|
The revolutionary policy OF at
tempting to drag alleged offenders to
the national capital to be tried there
for criminal libel has received n
| moral Tebuke at the hands Of United
| States District Attorney KeaIing, of
| indianapolis, which cannot fail to
| nave an important bearing on the
further prosecution of the editors of
| the New York World and the In
| dianapOlis News.
| Mr. Healing has occupied his pres
! ent position under the government for
[ the past eight years and is held in
particularly high esteem by the de
partment Of justice. During his in
cumbency in Office, as he points out
/ in his letter of resignation. he has
frenuentIy- been called upon to prose-
| cute his own personal friends, bu- in
each case he satisfied himself of the
guilt Of the accused before he took
up the case. He simply did not NJ
! low his personal relations 10 prevent
him from discharging his duty under
| the law
In the case OF the editor of the
Indianapolis News he has gone thor
oughIy into the case, and has decided
a
party to perveTSion OF legal pro-
cesses- As to the guilt or inno-
cence OF the editors of the Indian
apOlls News he does not attempt to
say II they are guilty. Mr.. Healing
says, the editors should be prose-
cuted, but should be properly indict-
ed and prosecuted in the right place:
that is to say at the editors home.
With incisiVe clearness he declares
that he is not in accord with the gov
eminent in its attempt to put a
strained construction on the law. Ito
drag the defendants from their homes
10 the seat of government to be tried
and punished, while there is A good
ana sufnclent law IN this jurisdiction,
in the state court"
Mr.. Healing goes further and saws
that he believes the principle in
VoIYed is a dangerous one, striking
at the very foundation of our form
Of government"
He cannot. therefore, honestly
and conscientiOuSly insist to the
court that such is the law, "and he
prefers TO resign rather than become
party to any such radical and
pernicious purpose"
If this course had been adopted by
man Of weaker character it would
not have had the same moral effect
that it does when it comes from the
man who prosecuted the offenders in
the Elkhart bank case. One Of these
offenders was the close personal
friend of the district attorney and
was also a member of the RepubIi-
can committee. Mr.. Healing did not
allow those facts TO deter him from
discharging his duty, but in the
present instance he feels that he
must revolt
The grounds on which he bases his
refusal to- prosecute are absolutely 4
There is no question 1
Of the guilt or innocence Of the &C /
cused. Il is simply a question of 1
ignoring the proper Jurisdiction or /
the state courts and setting the
precedent Of dragging alleged Of !
Tenders 10 the seat of government.
there TO be tried by the federal |
government. Anyone who has been |
wronged by the alleged criminal /
libel has a perfect remedy without
resorting to the dangerous expedient
which the late president saw fit TO /
adopt, and it speaks well for the /
nanliness and high mindedness Of /
the United States district attorney 4
mat be should be unwilling TO com II
promise his convictions or make i
terms with ilIegality. II
A few more lessons like this COM II
ng from so respectable a quarter II
would probably result in the with II
travail OF the proceedings which II
have been instituted in defiance Of II
he best judgment of the people Of II
he United States. II