Newark leader. ([Newark, Ohio]) 1917-1946, 1924-04-04

Washington Attorney Genera
Harry M. Daugherty resigned fror
The cabinet on March %, in respons
to an urgent request from Presiden
Coolidge. Daugherty is the secon
of the Coolidge cabinet t
fall victim to the era of investigate
and scandal that has descended upo
in recent months, tn
other being Secretary of the Nav
Denby, who resigned under simila
on March 10.
The following letter from the pre-.
dent to the attorney general wa
made public:
"My Dear Attorney General:
Since my conference with you
| have examined the proposed re-
ply you suggested making to the
demand that you furnish the COM
mittee investigating the depart
ment of justice with files from
that department, relating to liti-
cation and to the bureau of in
vestigations.
"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 wish to conclude
your letter with statement that
| approve that position. Certain
ly | approve the we'll established
principle that departments should
not give out information or docu-
ments, where such a course would
be detrimental to the public in
terest and this principle is al
ways peculiarly applicable to
your department, which has such
an intimate relation to the admin
istration of justice. But you will
readily perceive that | am unable
to form an Independent judgment
in this instance without a long
and intricate investigation of vo-
luminous papers which | cannot
personally make, and so | should
be compelled to follow the usual
practice in such cases and rely
upon your advice as attorney gen.
eral and head Of the department
Of justice.
"But you will see at once that
the committee is investigating
your personal conduct and since
you have become an interested
party and the committee wants
these papers because of a claim
that they disclose your personal
conduct of the department. AS
suming that the request of the
committee is appropriately limit
ed to designated files, still the
question will always be the same
in view Of the fact that the in
quiry relates to your personal
conduct, you are not in a position
to give to me or to the commit
tee what would be disinterested
advice as to 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 con-
flict with your official interests
as the attorney general. | am
not questioning your fairness or
integrity. | am merely reciting
the facts that you are placed in
two positions, one your personal
interest, the other your office of
attorney general which may be in
conflict. How can | satisfy a re-
quest for action in matters of this
nature on the grounds that you,
as attorney general, advise
against it, when you as the indi-
vidual, against whom the inquiry
is directed, necessarily have a
personal interest in it. | do not
see how you can be acting for
yourself in your own defence in
this matter, and at the same
time and on the same question
acting as my adviser as attorney
general.
"These two positions are incom-
patible and cannot be reconciled.
| am sure you will see that it is
necessary for me to have the ad-
vice of a disinterested attorney
general in order that l may dis
charge the duties of my office in
this and other matters. | feel
certain that you will know how
deeply I regret that this situation
has arisen. 1t only illustrates
the difficulties which are certain
to recur with ever-increaisng en-
barrassment and your inability to
perform satisfactorily the duties
of attorney general under pres
ent conditions. You will readily
understand that it is not now my
intention to PREJUDICE the issues