Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-06-25

me and told me of the embarrass
ment in which he was placed by the
request from the elder Caminetti
father Of one of the defendants, foi
leave Of absence in order TO attent
the trial Of his son. The elder Cami.
netti, as you know. is the newly ap.
pointed commissioner nf immigration
The secretary explained the eNison.
cies Of his department which he
thought imporatively required the
presence here Of the commissioner
lie has written me letter stating
his recollection of the circumstances
and | herewith enclose il.
Impressed by Secretary Wilson's
statement of mis- embarrassment and
desiring of course. if possible. 10 re-
lieve him. without stopping To 90
through the files, and SO refresh my
recollection concerning any particu-
lar circumstapces of the case sent
the United states attorney the follow
ing telegram.
"The secretary of labor advises me
ii Is matter of public importance
that Commissioner Of immigration
Caminetu remain at his post here.
do not now wish the government to
be in position Of insisting upon trial
Of young Caminett and Diggs charg-
ed with violating white slave law
during enforced absence OF the father
who is performing necessary public
duties In view Of an facts. you are
instructed to postpone trial Of these
cases until the autumn.
The postponemcnt OF criminal
ease. So-recentlg instituted as tbs was
Is not an unusual proceeding: and II
did not occur TO me that any malign
motive would be attributed to me. II
had anticipated that any fair mind
cd man. knowing the facts would
place such construction upon this
ordinary act, I would have been
scrupulouslv careful TO avoid IT, II Is
essential. not only that the admins
tration Of justice shall be free from
partiality or improper Influence, but
that even the appearance of such
things should be avoided do not
even hope to escape mistakes. But |
am profoundly conscious that my ac-
tions are free from unworthy motives
"Mr. McNab, as United States at
torney held a position of peculiar
trust and confidence, demanding the
utmost loyalty to the department. H.
as such an officer should do, he had
availed himself of the opportunity to
send a despatch recalling my atten-
tion to the peculiar conditions which
he thought rendered the proposed ac-
tion inadyisable. as | had always
thoretofore done. ] should have given
earnest consideration TO his suggos-
tfons. and with them before me, could
have acted with the local conditions
fresh in my mind. Instead OF pursuins
this manifestly proper course ne wait
ed until June 20, and then published
the sensational telegram wherein nc
imputed base motives to me. Ills con-
duct has. of course, made IT impossl-
bic for him to continue in the prose
cution of this case, however desiiauie
that otherwise might have been. Tn
der the circumstances, the only course
omen is to accept his resignation
II therefore suggest an immediate
conference between US for the plf-
pose of selecting some counsel whose
ability. character and reputation are
so high as to insure the proper CON
duct of the case, and that he be put
in immediate charge, with instrue-
tions promptly and vigorously 20
prosecute il to a conclusion
The attorney general also explain
cd in detail the course of the depart
ment Of Justice in ordering the post
ponement of the trials Of Sidney "
Smith and Robert Bruce, two oi the
FIVE directors of the Western uel
companv indicted for alleged coal
frauds. He said the first time ne gave
personaI consideration to this case
was on April 80, when he received
u letter from Secretary Lane IN when
he enclosed one from Sidney "
smith. a defendant. without recon-
mendation.
MT. smiths letter sought 10 snow
that the things complained OF Wefp
done bv others. said Mr Mclsey
nolds that although he was a dl-
rector. he was not participant ~
any criminal act. and that the eass
had been dismissed as to him
II sent copy Of the smith ieltei
to District Attorney MeNab with
request for his views. on May ~ nc
replied. giving a review Of the eNi-
denee. and expressing the view 'ha'
ali five of the defendants should ~
prosecuted. | therefore advised tlo
district attorney of my concurrence III
his conclusion. and directed nun u
proceed.
Thereafter. as ! recall, MI Prlh-
Gle. a San Francisco lawyer repre-
senting either smith or Bruce OF
both. came To see me. | turned NM
over 10 Assistant Attorney Genera
Harr with instructions to give the
matter particular aud careful atteh-
ton After considering all the facts
Mr.. Harr finally concluded that inc
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