The Birmingham age-herald., 1924-02-12
Awaits Legal Opinion

Awaits Legal Opinion
 The complete statement follows:
 No official recognition can be given the passage of the Senate resolution relative to their opinion concerning members of the cabinet or other off cials under executive control.
 "As soon as special counsel can ad- wise me as to the legality of these leases and assemble for me the pertinent facts in the various transactions, l shall take such action as seems essential for the full protection of the public interest. I shall not hesitate to call for the resignation of any official whose con- duet in this matter in any way war rants such action upon my part. The dismissal of an officer of the govern ment such as is involved in this case other than by impeachment, is exclu- sively an executive function. l regard this as vital principle of our govern ment.
 Sees Department Friction
 "In discussing this principle MT Madison has well said It is laid down in most of the constitutions or bills of rights in the republics of America; it is to be found in the political writings of the most celebrated citizens, and is everywhere held as essential to the preservation of liberty, that the three great departments of government is kept separate and distinct
 President Cleveland likewise stated the correct principle in discussing re quests and demands by the Senate upon him and upon different departments of the government, in which he said They assume the right of the Senat, to sit in judgment upon the exercist of my exclusive discretion and execu tive fu ulction for which I am solely responsible to the people from which have so lately received the sacred trus of office.
 Says Refusal Compelled
 My oath to support and defend tn, constitution, my duty to the people wh' have chosen me to execute the powers of their great office and not to relin quish them and my duty to the chic magistracy, which I must preserve un impaired in my dignity and vigor, com pei me to refuse compliance with tn demands
 The president is responsible to tn, people for his conduct relative to th, retention or dismissal of public off cias. assume that responsibility ant the people may be assured that as sooI as can be advised so that I may ac with entire justice to all parties con cerned and fully protect the public in terest l shall act.
 "I do not propose to sacrifice any innocent man for my own welfare nol do | propose to retain in office any unfit man for my own welfare. l shal try to maintain the functions of tht government unimpaired to act upon tn, evidence and the laws as I find it. ant to deal thoroughly and summarily with every kind of wrongdoing.
 Tn the meantime, such steps have been and ate being taken as 10 fully protect the public interest.
 The resolution as adopted said:
 Resolved, That it is the sense of the United States Senate that the Presi- dent of the United States immediately request the resignation of Edwin Den by as Secretary of the Navy.
 A preamble quotes from the Wlash cancellation resolution, adopted Jan uary 31, which said the oil leases signed by Mir. Denby were made in violation of law and under circumstances indieat- ing corruption.
 The vote on the final roll call was 47 to 34.
 One Democrat Votes For Denby
 Ten republicans and the two farmer. labor senators joined with B demo- crats in supporting the resolution. Ono