New-York tribune., 1922-09-19
Urlternlyer to
Help Keller i'm
DauggllertyFiglnt 9
Gives Conditional Accept
ance, but Judiciary COM
mitsee Puts Impeachment
Move OFF Till Next Session
Full Inquiry Is Promised
Adjournment of Congress in
Few Days Given as Rea-
son for Delaying Action

! WASHINGTON, Sept. 1S.-Samuel
/ Untermyer qualifiedly accepted to-day
the invitation from Representative
Oscar f. Keller, Republican, of Mime
sofa, who demands impeachment of
Attorney General Daugherty, to act as
his counsel. Immediately after this
announcement was made the House
| judiciary Committee voted to postpone
consideration of the Keller charges
I until the next session of Congress.
! This action was a surprise because
/ of the previous decision last Saturday
/ 70 give Representative Keller until to-
! morrow TO present evidence in support
i of his charges against the official con-
duct OF the Attorney General Incl
| 0entally, Representative Leonidas G.
/ Dyer, Republican, of Miss ouri, was the
/ sponsor of both the motion providing
! this grace and the motion to-day com
pletely disposing OF the whole matter
! so far as the present Congress is
concerned.
/ The vote to-day was strictly along
| partisan lines, eight Republicans sup
porting the motion, and three Demo.
Gratis opposing. The Republicans were
Representatives Volstead, chairman of
the Judiciary Committee; Chandler, of
New York; Christopherson, of South
] &
[ Illinois; Hickey, Of Indiana; Dyer,
and Kitchener, of Michigan. The
three Democrats were Representatives
/ Thomas, of Kentucky; Summers, of
Texas, and Tillman, of Arkansas.
Trusts His Main Target
In long letter of reply to Repre-
sentative Keller, Mr.. Untermyer scored
| Mr.. Daugherty's administration of the
Department OF Justice and offered to
assist in seeing "to it that we have at
the head of the Department of Justice
a man who will enforce the laws
against illegal combinations'' That is
his particular complaint against the
Attorney General, he explained. He
added that he does mot, however, think
IL would be proper to present to the
committee at this time the other charge
as to the improprety of the drastic
and extraordinary form of the restrain
ing order" against the railroad unions
This injunction is the basis of Mr..
Keller $ move against Mr. Daugherty.
Chairman Vnlstead said his commit
tee voted the sidetracking of the Kel-
Ter resolution because the Attorney
General would not be able to file a re-
ply until the next session of Con-
gress. Mr., Daughcrty will be in Chi
cago in connection with the hearings
before Judge Wil&erson for the entire
week and Congress expects to adjourn
within the next few days, he pointed
out.
Should BE Promptly Removed
Mr.. Untermyer's letter said in part:
My opinion of the general unfitness
Of MIR. Daugherty for the exalted posi-.
tlon that he is occupying has been fire.
Quently stated and is we'll known.f 1t
IS based not upon any dislike of Mr..
Daugherty, whom | have long known
and personally like, but rather upon
NM. knowledge Of the man, OF his en-
1Fsfronment, His lack of proper equip
ment as a lawyer, his political associa-
tions, and more particularly upon the
sad chapters of my experience with
MN IN my position as counsel to the
joint legislative committee on hous-
ing for the State of New York.
THE main ground on which | be-
lleye the Attorney General should be
promptly removed from his Office is
his manifest unwillingness or inability
to enforce the ANTITRUST laws, III which
MS acton and nonaction have reached
the proportions of great public
scandal resulting in imminent peril
to the country. The land is honey
eombed from end TO end with these
illegal combinations. They permeate
almost every branch of industry. 10
them Is mainly attributable the main
tenancc Of the present high cost of
living and the impossiblity of ma
terlaly reducing that cost so long as
the law remains unontorced, and it
, Will remain unenforccd except in a few
isolated cases and in a spasmodic way
that is more unjust than uniform un-
enforcement so long as MIR. Daugherty
Occupies his present post.
"Of all places In the government, the
one place that should have been kept
free from political fayoritism is the
Department of Justice, Nobody blames
the President for wanting to reward
man who was largely instrumental in
his nomination, but there are many
places where he might have been put
without harm, instead of selecting for
MIN the only place where he should
not have been put and where he has
done aud is doing incalculablo harm.
Il shall be glad to help you bring to
the attention of the committee this
Scandalous situation which the public
apparently cannot be made to under
stand. If it could there would be such
q wave of indignation sweeping over
TINS country that the Attorney General
would lift himself out of his seat. II
as your counsel | can be Of service in
bringing these conditions to the atten-
ton of the committee and of the peo-
PIE OF the country | feel that I have
no right to refuse TO perform so I'M
portant a public duty, but ] would
accept no compensation. 1t would have
to be done as public service.
In common with almost every law
yer in the country / stand simply
aghast at the terms of the injunction
order IN the railroad case. On its face
1t seems 10 me in direct violation of
the rule laid down by the Circuit Court
Of Appeals for the 7th Circuit in the
West Virginia miners case and by the
United States Supreme Court in other
cases.
If | rightly understand the facts
the act of Mr.. Daugherty in takinl
that case before the Judge who was
recently appointed by him was, to SAY
the least, so indelicate that believ,
it will meet with the severe censurc
of the bench and bar, but that. is mo-
an impeachable offense unless it cal
be established that the Department
Justice was actually investigating nj
legged violations of law by the railroa
employees who were then on ssriko
with a view TO legal action at thu
time the Attorney General had Judge
Wilkerson's appointment under con
sideration and that the appointment
was madn with sneciol rafaro,.