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

the usurpation of power by the Attorney
General of the United States in giving
ear TO the private appeals of certain de-
tendants and then ordering that those
defendants be relieved from prosecution.
Same Evidence
The defendants who have been thus
selected by the Attorney General as marks
Oh his peculiar favor were indicted on the
same evidence introduced against all other
defendants. For an administrative Off
Ger thus to single out certain defendants
ana refuse to permit them to be tried,
is TO overthrow and destroy all estab-
lished precedent and law; it is to pub
licly attempt to free favored defendant
after the exercise of influences in the
privacy OF the Attorney Generals office,
in the absence of the evidence and in
violation of justice: 1t Is an attempt to
subvert the powers of the federal grand
jury to make the Attorney General the
substitute for the courts and to destroy
the usefulness of the United States At
torney's office.
ANY 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 not they insist on immediate
vindication before a trial jury instead
of seeking to escape a trial by privately
appealing to the Attorney General with
out notice to the United States attor-
ney.
Duty Is Plain
After the presentation of the evidence
leading toe these indictments our duty
was plain. To have avoided it would
have been. to exhibit cowardice. We can
not refrain from expressing protest
that after 10 days of earnest labor, de-
voted to the consideration of evidence
against these defendants, our work is
swept away by the autocratic act of an
administrative official
RMS grand jury, reposing the high
est faith in your rectitude of public
purpose, appeal to you publicly to dis
countenance the action this taken and
to uphold the hands of the United
states attorney in a vigorous prosecu-
ton of all the defendants. without fear
or favor
This grand jury, which for four
months was in almost daily contact
with the United States Attorney John
l.. McNab while he was engaged in the
active performance of his duty. wish
to declare that We repose the most inn
plicit confidence in him both as lawyer
and man in all his official actions"
While important developments were
Following one another in rapid fire or
uei III w dSHlHSlOn today as the re-
suit of controversy begun when
United States District Attorney John
H. McNab of the northern district of
California, telegraphed his resignation
to President Wilson on Saturday, the
prosecutor himself was driving one
more nail in the flag of rebellion, which
ne spiked to the masthead last week.
Mr.. McNab resigned because he could
not agree to Attorney General Mickey
nolds decree to have the Giggs- Cami
netu white slave and certain Western
Fuel conspiracy cases continued for
long period Today he obtained con-
tinuance of three weeks instead of the
longer one, his chief had requested and
refrsed to proceed with the prosecution
ef those fuel officials not mentioned
hy Mr.. McReynolds, separate from the
cases of the two directors the Attorney
General had asked postponed.
When the cases of John L. Howard
president of the Western Fuel company
and his fellow officials under indct-
mont for alleged conspiracy to defraud