The Birmingham age-herald., 1913-06-25

take no affirmative action until fur
ther advised by the department of JUS
tice the Attorney General said United
States Attorney McNab sent a report
received on May q. In this report, he
added, McNab "details a version of the
acts with his inferences therefrom and
expresses the opinion that the case was
aggravated and should be vigorously
prosecuted: also that there might be at
tempts to interfere with the due course
of justice by improper influences
Telegraphed McNab
on the day the report was received
the Attorney General telegraphed Nc
Nab follows:
4 think the proper course is for you
To set the cases and proceed with them
as you have planned, and you are so
directed"
Continuing, the Attorney General
said
Il had no occasion to give the mat
ter any further special consideration
for some three weeks-June Is, when
Secretary Wilson telephoned to me and
told zoe of the embarrassment in which
he WAS placed by the request from the
elder Caminetti, father of one of the
defendants. for leave of absence, in or
der 10 attend the trial of his son. The
elder Caminetti, you know, is the
newly appointed commissioner of inn
migra ton. The Secretary explained the
eXigencies of his department which he
thought imperatively required the pres
ence here of the commissioner. He has
written me a letter stating his recolleo-
tion of the circumstances, and | here
with enclose it.
Impressed by Secretary Wilson's
statement of his embarrassment, and
desiring, of course, il possible, to re-
lieve him without stopping to go
through the files and so refresh my rec
objection concerning any particular cir
United States attorney the following
telegram
The Secretary of Labor advises it is
matter of public Importance that
Commissioner of immigration Caminetti
remain at his post here. | don't now
wish government to be in position of
insisting upon trial of young Caminetti
and Diggs, charged with violating
white slave law, during enforced alb
sence of his father, who is performing
necessary public duties. In view of all
facts you are instructed to postpone
trial of these cases until the autumn
Proceedings Not Unusual
The postponement of a criminal case
so recently instituted as this was is
not an unusual proceeding and it did
not occur to me that any malign mo-
tive would be attributed to me. If l
had anticipated that any fair minded
man Knowing the facts would place
such, construction upon this ordinary
act, l would have been scrupulously
careful TO avoid ii. 1t is essential not
only that the administration of justice
shall be free from partiality or i'm
proper Influence, but that even the ap-
peararce OF such things should be
avoided. / do not even hope to escape
mistakes. but | am profoundly conscious
that my actions are free from unworthy
motives.
Mr.. McNab, as United States attor-
ney, held a position of peculiar trust
and confidence, demanding the utmost
loyalty to the department. IT, as such
an officer should do, he had availed
himself of the opportunity to send a
dispatch calling my attention to the
peculiar conditions which he thought
rendered the proposed action inadvisa-
bic as he had always heretofore DONE
should have given earnest considera-
ton to his suggestions and with them
before me | could have acted with the
local conditions fresh in my mind. In
stead of pursuing this manifestly proper
course he waited until June 30, and
then published the sensational tele-
grams wherein he imputed base mo-
tives to me. His conduct has, of course
made it impossible for him to continue
in the prosecution of this case, how
ever desirable that otherwise might
have been. Under the circumstances
the only course open is to accept his
resignation.
Il therefore suggest an immediate
conference between us for the purpose
of selecting some counsel whose abil-
ity, character and reputation are so
high as to insure the proper conduct
of the case and that he be put in i'm
mediate charge with instructions
promptly and vigorously to prosecute
it to a conclusion"