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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (July 4, 1913)
- vfitJKiimpmww&l iii ' ir The Commoner. 10 VOLUME 13, NUMBER 26 X l.v ! w (Lkp- be The California Prosecutions Following are Associated Press dispatches: WuBhington, Juno 24. President Wilson tolegraphod to night to United States District Attor ney John L. McNab of San Francisco accepting the lattor's resignation, the form of which the president characterized "an inoxcusablo inti mation of injustice and wrongdoing" oil the part of Attorney General Mc Iieynolds. In a lettor to the attor ney general tho president exonerated him from blame and adopted Mr. McRoynolds suggestion that the Cojminetti-Diggs and tho Western Fijol company cases bo prosecuted Immediately by special counsel for the government. 'White House officials announced that tho president would confer with the attorney genoral tomorrow about thb appointment of special prosecu tors and that the president had In mind Francis J. Ileney, progressive republican, who prosecutod the fa mous San Francisco graft trials; Matty J. Sullivan, democrat, who assisted Mr. Honey in tho Ituof trial, arjd Thomas Hayden, democrat, for mer assistaut city attorney of San Filancisco. !It was said that at least two of those three men, and possibly all, would be solectod to take charge not oiily of tho Caminotti-Diggs white slave cases, but tho Western Fuel cqmpnny indictments. ,' Developments wore rapid today in thje situation which was precipitated by tho telegrams of Mr. McNab on Saturday to tho president and the attorney general, accusing tho lat ter of yielding to "rich and power ful influences" in ordering a post ponement of these cases, tho father of one of tho defendants being An thony Camlnetti, commissioner gen eral of immigration. Tho subject 'absorbed the cabinet meeting today and tho president came to his office tonight to make public the corres pondence. First tho president tele graphed McNab as followings: "Washington, D. C, Juno 24, 1913. John Li. McNab, Esq., San Francisco, Cal.: I greatly regret that you should havo acted so hastily and undor so complete misapprehen sion of the actual circumstances, but since you have chosen such a course, and given your resignation tho form of an inexcusable intimation of in justice and wrongdoing on the part of your superior, I release you with out hesitation and accept your resig nation to take effect at once. "WOODROW WILSON." Attorney General McReynolds' statement that ho ordered a post ponement of the cases as an ordinary nrocoduro in criminal trials, with out anticipating that "any fair minded man" would attribute "a malign move" to him was acknow ledged by the president In this let ter: "June 24, 1913. My Dear Attor ney General: Allow mo to acknow ledge with sincere appreciation your letter of today giving me a full ac count of the way in which tho de partment of justice has dealt with tho Diggs-Camlnetti and tho West ern Fuel company cases, pending in California and transmitting the documents connected with tho two cases necessary for their elucidation. I am entirely satisfied that the course you took in both these cases was prompted by sound and impar tial judgment and a clear instinct for what was fair and right. I ap prove your course very heartily and without hesitation. But I agree with you that what we may think of what has been done does not relieve us of tho obligation to press these cases with the utmost diligence and energy. I approve very heartily of vour Rucrcestion that, in the circum stances special counsel he employed, 1 matter any further special consider gave out a letter written to Mr. Mc Roynolds today by Secretary Wilson of the department of labor in which the latter declared that Anthony Caminetti asked for leave of absence to attend the trial of his son be fore he took the oath of office as commissioner of immigration. Fur thermore, Secretary Wilson stated that neither Mr. Caminetti nor any one else suggested that he ask for the postponement of the cases, but that he did it of his own volition, so as to keep Mr. Caminetti in Wash ington for the work of organizing the immigration bureau. In his letter to the president, At torney General McReynoids recited the history of the two cases and sub mitted the complete files In each case. Responding to instructions from the attorney general for a de tailed report of the Diggs-Caminetti cases and to take no affirmative ac tion until further advised by the de partment of justice, the attorney general said United States Attorney McNab sent a report, received on May 27. In this report, he added, McNab "details a version of the acts with his inference therefrom and ex pressing the opinion that the case was aggravated and should be vig orously prosecuted: also that there must be no attempt to interfere with the due course of justice by im proper influences." On the day the report was re ceived tho attorney general tele graphed McNab as follows: "I think the proper course is for you to set tho cases and proceed with them as you have planned and you are so directed. Continuing tho attorney general said: "I had no occasion to give the the ablest that we can obtain. I will be very glad to confer with you about the selection. I hope that you will do this without delay. I am very glad indeed that you are giving your personal attention to the im mediate and diligent prosecution of the case which I agree with you in regarding as of serious importance from every point of view. Sincerely yours, WOODROW WILSON." Besides the attorney general's let ter to the president the White House OTmfflmnntiiWimn& $55.00 You i&Ke no risk when vou buv a biurm VU.U& mom ub. We cuatantcc it to plcaie you, and to bo a bigger I value tor your money man you can u anywnere else, or you needn't keep it. Reference; 8. III. Natl. Bank, Bait St., Louis, III. Mutual Bugslea. Surreys. Wagons, etc.. re iuomcnetquamy.aanaiooaeii,mouii7Utb.Yeklcletl built. I no only llns guaranteed 5 years. We sell , direct at vrnoiaiaie prtcet and aara younzs.00 to Siuo.oo. write lor catalog aaafleUytrtapricci utrrnit nmuvco ... r nr . .. uutvnii una lbga iN.ojBcriciBD: aoan fw a.i onnn..... $14.10 UK' work harnM. 19. tin. fcllfff nnln.. U.tk. aCl"1 UH HrrilUVAl. cr:hiEhest quality; Ftrily Guaranteed 2S to 50ft cheaner than retail. r,i,!a Preo. um.i4.. MUTUAL CARRIAGE, f 'HARNESS MFG. , CO.. Stall.. E. St. Loaia. IU, Tl T...., 17"''" " "MMUftWu uniCBEO, 111. saaja2aaajaaTjjnraia BBBBk WHIJI A BY ""it ll ! gigH 1 BARGAIN OFFERl for Limited Time to New or Renewing Subscribers THE COMMONER and THRICE-A-WEEK NEW YORK WORLD, both One Year for Only One Dollar. Addrew Orders to THE COMMONER, Lincoln, Nebr ation for some three weeks, June 18, when Secretary Wilson telephoned to me and told me of tho embarrass ment in which he was placed by the request from the elder Caminetti, father of one of the defendants, for leave of absence in order to attend the trial of his son. The elder Cami netti as you know, is the newly ap pointed commissioner of immigra tion. The secretary explained the exigencies of his department which he thought imperatively required the presence here of the commis sioner. He has written me a letter stating bis recollection of the cir cumstances and I herewith en close it. "Impressed by Secretary Wilson's statement of his embarrassment, and desiring, of course, if possible to re lieve mm, wiuioutj stopping to go through the files and so refresh my recollection concerning any particu lar circumstances of the case I sent the United States attorney the fol lowing: "The secretary of labor advises it as a matter of public importance that Commissioner of Immigration uaralnetti remain at his post here. I do not now wish the government to be In a position of insisting upon the trial of young Caminetti and Diggs, charged with violating the white slave law during the enforced absence of, the father, who is per forming necessary public duties. In view of all facts, you are instructed to postpone tho trial of these cases until autumn. "The postponement .of a criminal case so recently instituted as this was Is not an unusual proceeding and it did not occur to mo that any uiaugn motive would be attributed to me. If I had anticipated that any fair-minded man knowing the facts would place such a construction upon this ordinary act, I would have been scrupulously careful to avoid it. It is essential not only that the administration of justice be free from partiality or improper influence but that oven the imnnnm. nt J such things should be avoided. I do not even hope to escape mistakes but I am profoundly conscious that my actions are free from unworthy "Mr. McNab, as United States attorney, held a position of peculiar trust and confidences, demanding the utmost loyalty, to the depart ment. If, as such an officer should do, he had availed himself of the opportunity to send a dispatch re calling my attention to the peculiar conditions which he thought ren dered the proposed action inadvis able, as -1 always heretofore have done, I should have given earnest consideration to his suggestions and with them before me, could havo acted with the local conditions fresh in my mind. Instead of pursuing this manifestly proper course he waited until June 20 and then pub lished the sensational telegrams wherein he imputed base motives to me. His conduct, of course, made it imposible for him to continue in the prosecution of this case, how ever desirable it otherwise might have been. Under the circumstances the only course open is to accept his resignation. "I therefore suggest an immediate conference between us for the pur pose of selecting some counsel whose ability, character and reputation are so high as to insure the proper con duct of the case and that he he put in immediate charge with instruc tions promptly and vigorously to prosecute to a conclusion." The attorney general also ex plained in detail the course of the department of justice in ordering the postponements of the trials of Smith and Bruce, two of the five directors of the Western Fuel company indicted for alleged coal drawback frauds. He said the first time he gave per sonal consideration to this case was on April 30, when he received a let ter from Secretary Lane, in which ho enclosed one from Sidney V. Smith, a defendant,, without recom mendation. "Mr. Smith's .letter sought to show that the things complained o were done by others," said Mr. Mc Reynoids, "that although he was a director he was not a participant n any criminal act and the case should be dismissed as to him. I sent a copy of the Smith letter to District Attorney McNab with a request or his views. On May 20 ho replied giving a review of the evidence and expressing tho view that all nve oi tui j j . v.,iiri ho. nrosecutea. LUC uciouuauia ouuuiu w -- , I thereupon advised the attorne , w my concurrence in his conclusiou and directed him to proceed. "Thereafter, as I recall, ." Pringle, a San Francisco lawyer, representing, either Smith or Bruce, or both, came to see me. I turne him over to Assistant Attorney Ojn eral Harr with instructions w b ."u- i. nni.finninr and careim the matter particular attention. . "After considering all the focw Mr. Harr finally concluded tha t u just solution of tho station was first'to prosecute the three who war directors and officers of the company and that the case against t he otue two should be deferred until he amined the evidence and deternim whether proceedings should br"Hgehsent the district attorney tho following: . fhrt mat- " 'Upon consideration of tuo n ter, I feel grave doubt as w guilt of Sidney V. Smith and Rod Bruce indicted in tho West?"Yvoid company case. In order te(i possible injustice you aro Jruuntil to continue case as to ineui after the trial of tho ot her tw directors who are officersof tne pany and active in te "nQXoed If later convicted, copy oi v dQr inga at trial ghould bo sent ;in that I may determine what cu - K. t.XJ k&jJMt-