Evening star., 1952-11-08
U. 5. Attorney Quits
In Iowa During Quiz
Into Civil Activities
BY the Asseeioted Pres.

Attorney General McGranery
has announced the resignation of
United States Attorney Tobias
Ellsworth Diamond at Sioux City,
Iowa. He refused to say If it had
been requested.
The Justice Department, in a
formal statement yesterday. said
Mr.. McGranery had been in
formed that Mr.. Diamond is "for-
warding his resignation to become
effective Immediately" and added:
There has been under way a
department investigation of al
legations of activities in a private
civil case incompatible with Mr..
Diamonds official duties as United
States attorney for the northern
district of Iowa. The resignation
will be accepted when it arrives"
Mr.. Diamond, rs, has been a
Federal attorney in Iowa since
November, 1910. A native of Til
sit, Germany, he is a naturalized
America.
Letter to Malone.
At Sioux City, William B. Dan
forth, assistant United States at
torney. made public letter from
MIR. Diamond addressed to Ross
L. Malone, jr., deputy attorney
general here, in which Mr.. Dia-
mond said:
1T has become impossible for
me to continue my work as United
States attorney unless I give up
my private practice, which I CAM
not afford to do and this is espe-
cially so on account of new ad-
ministration in Washington in the
near future as a result of the re-
cent national election"
Mr.. Diamond said that he there
fore was voluntarily resigning my
office as United States attorney for
the Northern district of Iowa to.
be effective November 10, 1852,
when in all likelihood you Will
receive this letter of resignation. u
A Miami. Fla, produce firm
charged two weeks ago that Mr..
Diamond was using his official
position in an attempt to collect
q bill for a client.
Sought to Move Charge.
The firm, Quality Egg Shippers,
Inc. filed a motion in Federal
Court at Sioux City asking trans
fer of a charge against it to
Florida courts on the ground Mr..
Diamond was "prejudiced."
The motion stated that Mr.
Diamond obtained an indictment
against the Miami firm last Sep
tember in Waterloo, Iowa, after
an unsuccessful effort to collect
$4,000 from the company for the
Swalve Produce Co. of George,
Iowa. The indictment charged
the Quality firm. its president,
Herman Gross, and David Schiller,
an individual egg shipper, with
attemptin gto defraud Mr.. Dia-
mond's former client, Richard
Swalve. Payment for 1916 cases
of eggs was involved.
Irving Wolff, attorney for the
Miami firm, said at the time Quail
ity's motion was filed that he had
reported the incident to the At
torney Generals Office and that
Mr.. Diamond was censured.
Denies Being CenSured.
At his home in Sheldon, Mr.
Diamond said he had resigned
and denied he had been censured.
He said the Attorney Generals
office had queried him about what
had happened in the Miami case
and that he had turned over all
his information to the Federal Bu-
reau of Investigation.
The Federal Court later denied
the request for transfer of the
Miami firms trial, Mr.. Diamond
added. He said he did not plan tol
return to his office at Sioux City.
Mr.. Danforth, in making the
Diamond letter public, said he had
planned to leave soon for his new
position in the Appellate Division
of the Internal Revenue BureauI
in Chicago. But because of his
superior'S resignation he said he
would remain on duty as assistant
United States Attorney until a
successor was named. Mr.. DAN
<orth has been in his post since
last May.