Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-06-07

desperate attempt to blacken my
reputation and injure my standing
in the country by the statements or
unreliable witnesses which would not
be admitted in any court Of justice.
81 have never been able to under
stand why your investigation was
conducted upon such unusual and
peculiar lines, and with such bitter
personal feeling toward me on the
part of certain members Of your com
mittee. Nevertheless, full of con
fidence in the ability of the depart
ment of justice to demonstrate to the
satisfaction Of your committee, or
any other, the fact that its functions
during the time Of my admlnlstra-
ton attained to a high degree of et-
ficiency, I have been ready and anx-
ious to assist your committee in eV-
cry way within my power to make
public the splendid record Of the ac-
complishment Of the department.
cat this point / take occasion to
contradict and deny any inference,
surmise or suspicion that L profted
in any illegal, corrupt or unethlcal
way, directly or indirectly, by reason
of any activities of political asso-
ciates or friends at any time, or that
my conduct, either official or person
al, was directly or indirectly in
fluenced at any time, in any way,
by Venal and corrupt motives. No
witness has appeared before your
committee who has by surmise, in
nuendo, suspicion or otherwise inti-
mated the existence of any such cir
cumstance, except by way of the
grave, and the silence of the tomb
has forever rendered the direct de-
NAL Of these ISLANDERS impossible.
80. The controversy, which arose
In regard to the power Of your COM
mittee to issue a subpoena duces
tecum to the officers of the Mid
land National bank, of Washington
Courthouse, Ohio, to produce certain
books and documents, resulted in an
appeal to the courts on the part OF
the bank, and a judicial determina-
ton of the powers of your commit
tee. A copy Of the opinion of Judge
Cochran, of the federal court for the
southern district of Ohio, was placed
in my hands on Monday evening,
June 2. n careful examination of
this opinion has settled, as it seems
to me, the course which L must now
adopt in connection with this. in
vestigation. and has answered for me
your request that [ appear before
your committee on Friday next.
Judge Cochran holds squarely that
your committee has been and Us now
exercising a power not granted by
the constitution, expressly or by i'm
plication, and that each and all of
your actions under senate resolution
No. 157 are absolutely void.
In view of this decision, and in
obedience thereto, it would seem to
me to be vain thing to continue
an illegal proceeding and inquiry,
and [ must, therefore, decline to APP
pear before your committee. From
the very commencement OF your
hearings, that is, on the twelfth day
of March, last, l have been con-
stantly represented by counsel at all
OF said hearings, and during all this
time have entertained the hope and
have been encouraged by the prom
Use that ultimately | would have the
privilege of producing witnesses on
my own behalf and on behalf of the
department of justice. The decision
of the court above referred to has
changed the whole situation and rem
dered 1t unnecessary for me to ap-
| pear before your committee in per-
son or by counsel, and their attend
ance at your hearings will be dis
| continued from and after this date.
For your convenience and for the
purposes of the record, l submit
herewith a true copy of the opinion