Evening star., 1922-09-19
.UNTERMYERRAPS
/ DAUGHERTy'S ACTS
Explains Why He Is Ready to
Present Impeachment
Plea to Committee.
ALLEGES LACK OF ACTION
! Representative Keller Amazed by
Postponement of Case Un-
til December.
ALLEGES LACK OF ACTION


ed to present the case for impeach-
ment of Attorney General Daugherty
before the House judiciary committee,
believes "the Attorney General should
be promptly removed from his ofhce'
on the ground Of 'unwil1ingness or
inability to enforce the antitrust
laws. in which his action and non
action have reached the proportion of
IA great public scandal. resulting In
imminent peril to~the country.
This was expressed in letter to
RcprcSe ntative Oscar Keller OF Min
nesota. author OF the resolution for
I'm Pc a chment. who asked Mr.. Inter
myer to prosecute the charges. Mr..
Cntermyer said he did not regard Mr..
Daugherty's application for the in
junction against sr:iking railway en-
ployes as IAN impeachable offense' OF
itself. This letter Representative
Keller intended to lay before the
judiciary committee at the opening of
the inn achment hearing scheduled
for today. but was frustrated by the
decision of the committee on strict
hearing until the short session of Con-
gress beginning December 4.
Reason for Delay.
The reason given for postponement
was that the hearing should not pro-
ceed while the Attorney General-the
accused otiiCial-was absent in Chi
cagO in connection with the injunc-
tion proceeding against striking rail-
way employees. which is the basis for
the Impeachment charges.
The New York attorney declared
that If he could he of service In
bringing to the attention of the com
mttee this scandalous situation"
with respect to antitrust prosecu-
tions he would he glad to do SO 'as
a public service" without pay. AS
to the charges growing out of the in
junction proceedings. Mr.. Cntermyer
said acceptance of service as an at
tOrney would depend on whether Mr..
Keller could submit evidence to sub
stantiate his charge of improper con-
duct in office.
Touching on the injunction pro-
ceedings at Chicago. Mr. Untermyer
said that. in common with almost
every lawyer in the country. l stand
simply aghaSt at the terms of the in
junction order in the railroad case.
Scores Injunction Action.
"On it's face he said. it seems to
me in direct violation Of the rule laid
down by the circuit court of appeals
for the seventh circuit in the West
; Virginia miners case and by the
| United States Supreme Court in other
cases.
IF I rightly understand the facts
the act of Mr.. Daughcrty in taking
that case before the judge, who was
recently appointed by him. was, to
say the least. so indelicate that be-
lieVe it will meet with the severe
cenSure of the bench and bar. While
the Attorney General does not liter
ally appoint the district judges. 1t is
well known that the applications are
made to him. supported by recon-
mendations that come to him. and
that he in turn recommends the ap-
pOintmentS to the President. who in
most cases acts on the Judgment and
investigation of the Attorney Cen
eral."
Mr. Keller. in statement issued
after the committee had acted. said
he regarded it as amazing that, hay
ing insisted only last Saturday that
IAN adjournment until Thursday of
ney General Dausherty. that between
Saturday and Monday the committee
concluded IL would be unfair to At
torney General Daugherty if they did
not postpone the hearing until De-
cember.'
Denies Having Grievance.
Denying the statement that he had
"a grievance" against Mr.. Daugherty,
Mr. Keller said such charges were
obviously for the purpose Of infiu-
encing public opinion in favor of the
accused
"The charges upon which the i'm
peachment proceedings are Based he
asserted, "are specific and of the
gravest character that could be lev
not only involve his integrity and fit
ness for the high position which he
fills. but his misconduct, if proven, af-
fects the everyday life of millions of
our people and brings the entire ad-
nlinistration of justice into disrepute.
and the request for a hearing by the
committee is an effort to discharge a
very solemn official duty in the form
and manner pointed out by the Con-
stitution and laws Of our country"
Chairman Volstead, in explaining
in putting the hearing over until De-
cember. declared Mr.. Keller had re-
fused to produce or submit evidence
on Saturday: that the Attorney Cen
eral should have the right to appear
in his own behalf. and that nothing
on the eve Of adjournment of Con-
gress.
Marsh Flags Committee.
Benjamin c. Marsh, managing di-
rector of the Farmers National Coun-
Gil. appeared by request of the House
judiciary committee before that COM
mittee today, to give his reasons for
the impeachment of the Attorney Cen
eral. There was no meeting, but Mr.
Marsh characterized the refusal Of the
committee to go on with the hearing
as "a cowardly, dastardly breach Of
faith with the American people. which
puts the members guilty Of this breach
into the same class with the Attorney
General"
His statement continues: 1.-THE ac-
tion Of the committee puts the full re-
sponsibility for the present desperate
poverty Of farmers and wage earners.