Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-25

JUNE %,
which returned the original indictments
against the Western Fuel Company d.
rectors including Robert Bruce and Sid
ney V. Smith, the postponement of whose
cases at the order of Attorney General
James McReynolds was among the
causes of District Attorney John l.. Nc
Nab's resignation. last night drafted
telegram to President Wilson, protesting
against 'usurpation of power by the At
torney General Of the United States"
The telegram. which was signed by the
former grand jurors. follows:
LAS the grand jury which returned the
original indictments against the Western
Fuel directors. We most respectfully but
| strongly and vigorously protest against
| the usurpation of power by the Attorney
| General Of the United States in giving ear
| to the private appeals OF certain defend
ants and then ordering that those de-
| PENDANTS be relieved from prosecution.
so,a Inc de re who have been thus
| marks Of his peculiar favor were indicted
| on the same evidence introduced against
all other defendants. For an administra-
tive officer thus to single out certain de-
| tried Is to overthrow and destroy all es-
| fabl1shed presidents and law: 1t is to
publicly attempt to free a favored de-
PENDANT after the exercise of influence in
the privacy OF the Attorney Generals Of
| flee in the absence of the evidence and in
violation OF justice; 1t Is an attempt to
subvert the powers of the federal grand
july. to make the Attorney General a sub
| usefulness Of the United States attorneys
| Office.
Fear fragrant" Injustice.
amy Attorney General who can thus
declare men innocent can in the same
way declare them guilty and inevitable
corruption and fragrant injustice will re-
suit.
IF these defendants were innocent. why
did they not insist on immediate vindica-
ton before trial jury. instead of seeking
to escape trial by privately appealing
to the Attorney General without notice to
the United States district attorney?
After the presentation of the evidence
| leading to these indictments, our duty
was plain. To have avoided it would have
| been to exhibit coWardice. We cannot
refrain from expressing our protest that
after ten days of earnest labor. devoted
| to the consideration of evidence against
| these defendants, our work is swept away
| by the autocratic act of an administra-
| tive official
This grand jury. reposing the highest
| faith in your rectude of purpose. appeals
| to you publicly to discountenance the ac-
ton thus taken and to uphold the hands
| of the United States attorney In vigor-
Gus prosecution of all the defendants.
| without fear or favor.
rms grand jury, which for four
months was in almost daily contact with
the United States attorney, John l., Nc
| Nab, while he was engaged in the active
| performance of his duty, wishes to de-
clare that it reposes the most implicit
confidence in him both as lawyer and man
In all his official actions
Appreciates Prompt Action.
Good l am very glad the President
acted so promptly" said District At
torney John L. McNab. when told last
cepted.
The incident Is now closed"
The President" he continued. .says
was unjust But even President Wilson
can't change facts. II it was right in
May to tell me to proceed with the cases
IN question, 1t is wrong in June to tell
me to stop. If it was right in June to
tell me to stop, it is wrong for the Presi-
dent to say now to proceed
Late last night Mr.. MeNab gave out a
formal statement, as follows:
Statement by McNab.
"The President has accepted my resig-
nation and the incident is closed Even
the eminent responsibility of the Presi-
dent and his fulsome but necessary GER
tiflcate of character to his Attorney Cen
eral cannot change the facts. The Attor-
ney General states that his reasons for
continuing the Caminetti-Diggs cases
was that the Secretary Of Labor desired
the presence of Commissioner Caminet-
Il, the father OF one Of the defendants
why. then. did he insist upon continuing
the case against the defendant Diggs
winch had nothing to do with the case of
Caminett1, who was separately indicted?
why was 1t necessary for Commissioner
Caminettl to be present at the trial in
San Francisco when he was not a wit
ness. and when his son was represented
by seven eminent members of the Cal
ifornia bar. one Of whom has since been
indicted for conspiracy to suborn per-
jury in the same case to save his client?
THE excuse given for the continual
ton of the trial of the Western Fuel
defendants is that the Attorney ,;"n-
eral, who had had secret and private
conference with these defendants and
their attorney. was fearful that they
might be convicted and that possib.y
they might be innocent If thew were
innocent they should have insisted
upon being tried. If the ATTORNEY Ger
eral can thus declare men innocent in
spite of overwhelming evidence sub
mitted to two grand juries. he IAN as
easily declare men guilty against
whom there is no evidence
IF the Attorney General is to be
constituted a court for the trial of
facts. the sooner the Constitution Is
amended the better. If rich and in
nuential defendants with powerful
political influence can gain access 10
the ear of the Attorney General and
have their cases throttled and justice
choked then it is time that the Amer
lean people should know It,
Warnings of Corruption.
The Attorney General had before
him my repeated warnings that polit-
cal corruption was at work; that
subOrnation of perjury had been
practiced. and that if the Caminetti-
Digs cases were continued the evil
dence would be destroyed and that the