Evening star., 1909-03-05
GIVES UP HIS OFFICE
Not in Accord With Policy of
His Superiors.
REGISTERS HIS DISSENT
Action of United States Attorney at
Indianapolis.
OPPOSES PUBLISHERS REMOVAL
Holds That Defendants Should Be
Tried at Their Homes and Not
in Washington.

Joseph E.. Healing, United States attor-
ney at indianapolis. has sent TO the Attor-
ney General a letter resigning his posi-
ton rather than assist in the removal
10 this city of W-elavan Smith. indicted
here for criminal libel in connection with
the purchase of the Panama canal. Mr..
Healing, who is we'll known politician
in Indiana. declares that a man should be
prosecuted at his own home, If at all.
and not away from it.
The question Of the acceptance OF his
resignation will come before President
Taft. 1t is within the province OF the
new administration. Ii not pleased with
the action of Mr.. Healing. to refuse to
accept his resignation and dismiss him
from the government service.
c. w. Miller. who has twice been attor-
ney general Of Indiana, will be recon-
mended by Senator Beveridge for United
States attorney to succeed Mr. kealing.
who has been United States attorney at
Indianapolis for many years He declares
that a strained construction of the Law
has been made to drag the defendants
from their homes TO the seat of gov
ernment," and he does not approve Of it.
MI. Kealing's Letter.
His letter follows:
- 1870
Attorney General. Washington, D. c.:
''Sir: I beg to inform you that l have
today sent my formal resignation as
United States attorney for the district of
Indiana to the President of the United
States. with the request that the same
be accepted not later than March Is, 1909
II am Informed that indictments have
been returned by the grand Jury Of the
District of Columbia against Delavan
Smith and Charles r. Williams, proprie-
tors Of the Indianapolis News, for crimi-
nal libel. and that steps will be taken to
remove them to that district for trial. AS
both are in this district. under the law it
Will become my official duty to assist In
such removal proceedings.
For almost eight years I have had the
honor of representing the governmnt as
time have prosecuted all alike, without
fear or favor, where had an honest be-
lief in their guilt.
II have been compelled on several oc-
in each case ! only did so after thor
ough investigation had convinced me of
their guilt.
''In this case I have made a careful
investigation of the law applicable there
to. AS to the guilt or innocence Of the
defendants on the question of libel, I do
not attempt to say. If guilty. they
should be prosecuted, but properly in
dicted and prosecuted In the right place.
viz, at their homes. 1t is only with the
question of removal that I have to do.
Il am not in accord with the govern
ment in its attempt to put a strained
construction on the law. to drag the de-
PENDANTS from their homes to the seat of
government. to be tried and punished,
while there is good and sufficient law in
this jurisdiction. in the state court 1
believe the principle involved is a dan
gerous one. striking at the very founda-
ton Of our form Of government. I can
not. therefore honestly and conscien-
tiously insist to the court that such is
the law, or that such construction should
be put on II. Not being able to do this.
I do not feel that can, in justice to my
Office. continue to hold it. and decline to
assist
'In order therefore, to relieve us both
of any embarrassment. 1 have rendered
my resignation, and have asked that it
be accepted not later than March 10,
1909 / have made it of this date in
order that President Taft, for whom I
have the highest respect and admiration.
may have time to name my successor
Respectfully.
JOSEPH B. KEALING,
Cfofa