French Broad hustler and Western Carolina Democrat. [volume] (Hendersonville, N.C.) 1915-1916, 1916-03-02
DISTRICT ATTORNEY HAMMER
GIVEN FULL VINDICATION
Letters Sent Out by Department Of
Justice Declares That No basis of
Charges Made BY Marion Butler

G. Hammer, OF the Western district
! of North Carolina, against whom
charges were preferred by Marion
Butler and his law partner, at Wash
iIgton, has been completely exoner-
ated by the department of justice, and
| has received letters from Samuel j
! Graham, assistant United States at
| torney general, vindicating him OF
Eevery charge.
The letter to Mr.. Hammer follows:
Department of Justice,
Washington, d. c.,
February 19b1916.
"W C. MANNER, Esq.
l. United States Attorney,
"Ashboro, N. C.
tSir:-The department has consid-
cred your reply to the charges and
specifications affecting your personal
and official conduct submitted by
Messrs. Butler and Vale, attorneys for
certain persons, concerning elections
held in November 3, 1914, in conaeo
ton with the said charges and speci-
ffcations and has reached the conclu-
sion that thereis no evidence tending
to show any personal or official mis-
conduct upon your part Or any failure
by you to perform your public duty in
not presenting the matter to the fed
.eral grand jury.
There is enclosed a copy Of a let
ter of the department to Messrs. But
Ter and Vale for your information.
In view of the fact that the informa-
ton has reached the department that
the matter of-these charges being filed
against you has been given publicity,
permission is granted you to make
such use of this letter and the copy of
the letter to Messrs. Butler and Vale
as you may see it.
Respectfully,
For the attorney general,
SAML J. GRAHAM,
Assistant attorney general"
The letter to Messrs. Butler and
Vale makes the attitude Of the DEPART
ment regarding the charges agafnsG
Nj. Hammer plain, and a copy of this
letter was also furnished Mr.. Ham
mer for publication. 1t follows:
February 10, 1916.
"Messrs. Butler>and Vale,
Attorneys at Law,
Washington, d, G.
"'SiPB:
Replying further 20 your letter of
January 18th, submitting certain
charges and documents pertaining
thereto alleging misconduct in office
upon the part of MI. w. C, Hammer,
United States attorneys for West
ern district of North Carolina, permit
me to state that the charges, specih-
cations, affdavits and testimony have
been carefully considered and also
an hYnffkA& ~ NJ. UAn1-a4- g. II
and reply. He has cpecif-
caHy and fully denied the truth of the
charges so ia q they relate to his
personal and oaRcfal conduct and de-
that there has ever baen pre-
edge Of that there's contained IN the
papers submttGed to this depEgtnent
facts sufficient to justify him as Uhi-
ted States attorney In presenting the
to a federal grand jury.
Aside from this statement of Mr..
the department, after an ex-
animation of the papers submitted,
has reached the following cOnclu-
Kons:
list. There is NO evidence IN the
papers submitted to show official or
personal misconduct upon the part OF
Mr. Hammer, and
END. (a) There is no. sufficient
evidence in the papers submitted to
establish a conspiracy.
~Cb) There is no evidence OF a con-
spfracy to affect the right to vote fo-
3 member Of congress. "
The only statutes under which fed
eraT Jurisdiction may be invoked are
Sections 10 and 81 of the Penal code.
Under each a plan is the prime essen
tiaI; under 10, to injure, etc., a citizen
In the free exercise n enjoyment of
a right given him by the constitution
or laws of the United States; and un-
der 81. to defraud the United States
OF some governmental right.
The case does not establish either
Of the above essentials, and under a
general departmental rule application
to every section of the country It falls
without the limits of federal jurisdfc-
ton
There is, therefore, nosca to be
resented, or which MI. Hammer
should have presented, to the federal
grand jury. This being true, there
was on misconduct in his taking part
as attorney in the cases involving the
election of county and local officers.
Respectfully,
For the attorney general,
"SamL GRAHAM,
"ASSicfanf affCrpoy oewroro1 -