Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-01-31
Editorial Comment
Thank God for a Mani
WaShington POSt)

The people of the United States
stand aghast at the unprecedented
action of the Senate in dealing with
the nomina ton Of Attorney General
Harlan +. Stone to be an associate
justice Of the Supreme Court.
The Senate has permitted itself
to be drawn into proceeding that
constitutes an attack upon the due
and orderly administration Of JUS
tice. This attack cannot be contin-
ued and it's purpose cannot be con-
summated without arousing furious
and righteous popular resentment
against the Senate.
Attorney General Stone is held re-
sponsible by law and by his oath for
the initiation of inquiries by grand
Juries into prima facie cases Of
crime committed against the United
States. In the prosecution of this
duty he directed that set of facts
fortified by documentary evidence be
laid before n Federal grand jury, in
dicating that conspiracy to defraud
the United States had been entered
into and overt acts committed in the
District Of Columbia.
One of the parties connected with
the case to be laid before the grand
jury is a United States Senator. An
otbSi SSiid w Ills CottdEut, dCtS us
his counsel. Attorney General Stone.
from sense Of full fairness. wrote
to the Senator who acts as counsel
for the other. and advised him that
the grand Jury was to consider the
case in question. and that the Sena-
tor involved could appear and testi-
fy before the grand jury If he wish
ed, and to pSoduce witnesses in his
own behalf. with the usual waiver
of immunity.
Thereupon the Senator acting as
counsel for the other ~interposed his
objection as n Senator to the confir-
nation of Mr.. Stones nomination to
the Supreme Court. This Senator
based his objection upon the fact
that the Attorney General dared to
lay the conspiracy charges before the
grand jury. 1t was declared that the
Department Of Justice was engaged
In "persecuting" a Senator: that he
was to be dragged $500 miles from
his home to be tried in a foreign jur-
isdiction: and that before Mr.. Stone
should be approved as a justice OF
the United States Supreme Court he
should clear himself of the charge or
imputation that he was engaged in
an attempt to send an innocent man
to Jail by misusing his power as
head of the Department of Justice.
The Senator acting as counsel also
had the audacity to assert that his
client could not expect fair trial
in the Federal courts of the District
OF Columbia.
The Senate allowed itself to be
drawn into Yesterdays astounding
proceeding. in which the Attorney
General was called to the stand and
cross QueStioned by the counsel OF
Ia man soon to, be under grand jury
investigation. The cross question
ing was done. not by the counsel in
his capacity as counsel. but in his
official capacity as a Senator and a
member of the Committee on Ju-
dietary. passing upon the qualifica-
tons of Presidential nominee to
the highest court in the land. The
ruSs-questioning was aided by the
Senator who is to be under grand
jury investigation. Questions were
propounded to the head of the De-
partment Of Justice for the purpose
of eXtorting from him information
regarding the nature of the charges.
the identity of witnesses. the exist
ence of documentary evidence. etc.
Mr. Stone refused to answer these
questions. He could not have an
swered them without violating his
oath of office and betraying the
United States. which is the prose-
cutor against all persons indicted by
grand iuries.
1t will be recalled that the Senate
with incomprehensible disregard Of
it's functions. conducted an inquiry
into certain charges against the Sen
ator who is about to be investigated