Evening star., 1909-06-28
HOLDS UP NOMINATION
Senate Will Not Act on DevIin'S
Case This Session.
REPLY TO WICKERsHAM
Attorney General Would Not Give
Up Perrin Papers.
INEXPEDIENT NOW, HE SAYS
Members of Judiciary Committee
Dissatisfied, But Decide Not to
Enter Into Controversy.

Attorney General Wickersham will not
send to the Senate the files In the De-
partment of Justice relating to the trial
of DR.. E. B. Perrin, charged with con-
spiracy to defraud the government in
California timberland cases, data demand
ed in connection with the nomination of
Robert T. Devlin to be United States at
torney for the northern district of Cali
fornia.
AS a result Of the refusal Of the Attor-
ney General to send the information the
Senate committee on judiciary today de-
cided that it would put over the Devlin
nomination until the next regular session
Of Congress.
In replying to the order of the COM
mittee calling upon him for all reports
and correspondence connected with the
Perrin case, Attorney General Wicker
sham said that 1t would be ''inexpedient"
to supply the information. as the Perrin
case is still on the docket subject to re-
trial.
Senators Are Not Pleased.
Several members of the judiciary COM
mittee today expressed themselves as
dissatisfied with Mr.. Wickershams re-
sponse, especially as 1t was known that
Assistant Attorney General Harr had
made a report to former Attorney Cen
eral Bonaparte declaring that proceedings
against Perrin should be dismissed. At
the same time the committee decided that
1t would not be wise to become involved
in a controversy with the Department OF
Justice at the present time.
1t was agreed. however. that no action
49, 10, sy,nt Ton
now. This will necessitate the reappotnt-
ment of Mr.. Devlin II he continues to
serve as district attorney after the ad-
journment of the present session.
Although agreeing temporarily not to
press the order for the facts demanded.
members of the judiciary committee as
sert that the information will have to
be produced II President Taft reappoints
Devlin during the recess OF Congress and
the nomination again comes before the
committee for action next session.
The information which the committee
was particularly anxious to have before
1t was left in the Department OF Justice
by former Attorney General Bonaparte
when he retired from the cabinet.
includes a mass OF correspondence and
the. report Of Assistant Attorney General
Harr. all sealed by Mr.. Bonaparte, and
the packages marked confidential"
Some members OF the judiciary commit
tee were shown the Harr report, which.
proceedings against Perrin should be dis
missed. They have not seen the corre-
spondence.
Perjurer Not Prosecuted.
Devlin prosecuted one case against Per
rim which resulted in conviction. The
superior court reversed the case and re-
manded it for a new trial on the ground
that perjured testimony had been admit
ted.
The chief opposition to the confirmation
of Devlin relates to his falling to bring
an action against the alleged perjured
Witness
Members Of the Senate committee naVc
criticised former Attorney General Bona
parte because he ignored the recommen- n
dation of Mr.. Harr that proceedings
against Perrin be nolle pressed. ihe
same criticism is now directed against
Attorney General Wickersham. as 1t ap-
pears that he sympathizes with the at
titude of his predecessor.
At the same time 1t was decided tooay
not to raise the issue with the head OF the
Department OF Justice unless Deviin
should be reappointed. Members OF the
California delegation declare that Dev,
lin unquestionably will be renominateo
by Mr.. Taft.