San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1924-03-28


tain papers relating TO gun-runninl
on the Mexican border.
The incident, the President said il
his letter, "only illustrates the diff
culties which are certain to recur with
ever increasing embarrassment and
your inability to perform satisfactor-
ily the duties Of attorney general I'M
der present conditions
Complies With COolidge's Request.
Mr.. Daughcrty said he rendered II
"Solely out of Difference to your re
Quest and in compliance Herewith. "
The resignation was submitted at
the request of the President and in
accedmg Mr.. Daugherty said he de-
sired it TO become effective forth
with.
In deciding in favor of another
break in his cabinet. President Cool
idge followed the almost unanimous
advice Of Republicans in the Senate,
some of whom, including Senator
Borah, Idaho, have been urging for
weeks that Mr.. Daugherty had lost
the confidence of the country.
Besides the Daugherty committee
disclosures, testimony has been given
before the oil committee that the at
torney general dealt in Sinclair oil
stock after he entered the cabinet;
that he and others in the Justice De-
partment were seeking TO shield Ed
ward b. Mclean from appearance on
the witness stand in the oil inquiry;
and that Mclean himself was secret
agent of the department.
Coolidge's Letter Made Public.
President Coolidge's letter to the
attorney general requesting his resign
alton was written under date of March
%. 1t follows:
My dear Mr.. Attorney General:
@Since my conference with you,
have examined the proposed reply
you sugges: making to the demand
that you furnish the committee In
vestigating the Department OF Justice
with files from that department, re-
lating to litigation and to the bureau
of investigation. You represent to me
and to the committee in your letter
that it would not be compatible with
the public interest to comply with
the demand, and conclude your let
ter with a statement that l approve
that position.
Certainly l approve the well es-
tablished principle that departments
should not give out information or doc
uments where such course would be
detrimental to the public interest, and
this principle is always peculiarly ap-
plicable TO your department, which
has such an intimate relation TO the
administration of justice. But you
will readily perceive that / am I'M
able to form an independent judgment
in this instance without a long and
intricate investigation of voluminous
papers, which l cannot personally
make. and so / should be compelled
to follow the usual practice in such
cases, and rely upon your advice as
attorney general and head of the De-
partment of Justice.
Asks Him to Quit.
"But you will see at once that the
committee is investigating your per-
sonal conduct and hence you have be-
come m interested party, and the COM
mittee wants these papers because OF
a claim that they disclose your per-
sonal conduct of the department. As
suming that the request of the COM
mittee is appropriately limited to des-
ignated files, still the question will
always be the same. In view of the
fact that the inquiry relates to your
personal conduct, you are not in a
position TO give 10 me or the commit
tee what would be disinterested advice
as to the public interest.
"You have a personal interest in
this investigation which is being made
of the conduct OF yourself, and your
office, which may be in conflict with
your official interest as the attorney
general. l am not questioning your
fairness or integrity. 1 am merely |
reciting the fact that you are placed |
in two positions, one your personal in |
terest the other your office of at
torney general, which may be in con-
flict.
@How can / satisfy a request for
action in matters of this nature on |
the ground that you, as attorney gen.
eral, advise against il, when you as
the individual against whom the in
quiry is directed necessarily have a
personal interest in it? ] do not see
how you can be acting for yourself
in your own defense in this matter,
and at the same time and on the
same question acting as my adviser
as attorney general.
Coolidge Regrets" Situation.
@These two positions are incompati-
bic and cannot be reconciled. am |
sure you will see that il is necessary |
for me to have the advice of a dis
interested attorney general, in order
that / may discharge the duties of the |
office in this and other matters.
feel certain that you will know how |
deeply / regret that this situation has
arisen. 1t only illustrates the diff
culties which are certain to recur
with ever increasing embarrassment, |
and your inability TO perform salts |
faetorily the duties of attorney gen.
eral under present conditions.
"You will readily understand that |
1t is not now my intention to pre-
judge the issues which remain to be de-
veloped. / recognize that you are en-
titled to a full and fair hearing. But |
as there is no way by which you can |
divest yourself of the interest you have |
personally in the investigation, / can |
see no way but for you to retire as
attorney general, and l am therefore |
compelled to request your resignation. |
"Very truly yours,
CALVIN COOLIDGE"
Daugherty's Reply Terse.
The attorney generals reply written |
today follows:
MY Dear Mr.. President:
Il hereby acknowledge receipt of |
your letter of March %, by the hand |