The San Antonio Light (San Antonio, Tex.), Vol. 44, No. 69, Ed. 1 Friday, March 28, 1924 Page: 4 of 32
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4
Daugherty Resigns Under Protest
(Continued from (.age one.)
tain papers relating to gun-running
on the Mexican border.
Tbe incident the President said in
his letter “only illustrates the diffi-
culties which are certain to recur with
ever increasing embarrassment and
your inability to perform satisfactory
ily the duties of attorney general un-
der present conditions.”
Complies With Coolidge's Request.
Mr. Daugherty said he tendered it
“solely out of deference to your re-
' quest and in compliance therewith.”
The resignation was submitted at
the request of the President nnd in
.•needing Mr. Daugherty said he de-
sired it to become effective forth-
with.
In deciding in favor of another
break in his cabinet. President Cool-
idge followed the almost unanimous
advice of Republicans in the Senate
some of whom including Senator
Bomb Idaho have been urging for
weeks that Mr. Daugherty had Jost
the confidence of the country.
Besides the Daugherty committee
disclosures testimony has been given
before the oil committee that the at-
torney general dealt in Sinclair oil
stock after he entered the cabinet:
that he and others in the Justice De-
partment were seeking to shield Ed-
ward B. McLean from appearance on
the witness stand in the oil inquiry;
and that McLean himself was a secret
agent of the department.
Coolidge’s Letter Made Public.
President Coolidge's letter to the
attorney general requesting his resign-
ation was written under date of March
27. It follows:
“My dear Mr. Attorney General:
“Since my conference with you I
have examined the proposed reply
you suggest making to the demand
that you furnish the committee in-
vestigating the Department of Justice
with files from that department re-
lating to litigation and to the bureau
of investigation. Ton 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 conclude your let-
ter with a statement that I approve
that .position.
“Certainly I approve the well es-
tablished principle that departments
should not give out information or doc-
uments where such a course would be
detrimental to the public interest and
this principle is always peculiarly ap-
plicable to your department which
has such an intimate relation to the
administration of justice. But you
will readily perceive that I am un-
able to form an independent judgment <
in this instance without a long and
intricate investigation of voluminous
papers which I cannot personally
make and so I should be compelled
to follow the usual practice in such
cases and rely upon your advice as
attorney general and head of the De-
partment of Justice.
Asks Him to Quit.
“But you will see at once that the
committee is investigating your per-
sonal conduct and hence you have be-
come an interested party and the com-
mittee wants these papers because of
a claim that they disclose your per-
sonal conduct of the department. As-
suming that the request of the com-
mittee is appropriately limited to des-
ignated files still the question will
always be the same. In view of the
fact that the inquiry relates to your
personal conduct you are not in a
position to give to me or the commit-
tee what would be disinterested advice
as to the 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 conflict with
your official interest as the attorney
general. I am not questioning your ।
fairness or integrity. I am merely
reciting the fact that you are placed
in two positions one your personal in-
terest the other your office of at- '
torney general which may be in con- 1
fliet.
“How can I satisfy a request for J
action in matters of this nature on 1
the ground that you as attorney gen- *
eral advise against it when you as 1
the individual against whom the in- j
quiry is directed necessarily have a
personal interest in it? I do not see
now you can be acting for yourself J
in your own defense in this matter ‘
and at the same time and on the
same question acting as my adviser
as attorney general.
Coolidge “Regrets” Situation.
“These two positions are incompati- (
hie and cannot be reconciled. I am
aura you will see that it is necessary
for me to have the advice of a dis-
interested attorney general in order
that I may discharge the duties of the
office in this and- other matters. I
feel certain that you will know how
deeply I regret that this situation uaa
arisen. It only illustrates the diffi-
culties which are certain to recur
with ever increasing embarrassment
and your inability to perform satis-
factorily the duties of attorney gen- )
eaal under present conditions. (
“You will readily understand that i
it is not now my intention to pre- i
judge the issues which remain to be de- <
veloped. I recognite that you are en- t
titled to a full and fair hearing. But i
aa there is no way by which you can i
divest yourself of the interest you hnve
personally in the investigation I can
see no way but for you to retire as
attorney general and I am therefore '
compelled to request your resignation. j
“Very truly yours
“CALVIN COOLIDGE.”
Daugherty's Reply Terse.
The attorney general's reply written '
today follows:
“My Dear Mr. President:
“I hereby acknowledge receipt of .
your letter of March 27 by the hand
of your secretary requesting my res-
ignation as attorney general of the
United States.
“Solely out of deference to your
request und in compliance therewith .
I hereby tender my resignation. While
you do not state when yqu desire my (
resignation to become effective 1 most i
respectfully request that it become ef- ।
Retire forthwith.
"Your very truly.
“H. M. DACGHERTY.
-“Attorney Genera!.”
Tbe second letter from Mr. Daugh-
erty to the President was made pub-
lic later at the Department of Jus-
tice :
"Under separate cover 1 have just
handed you my formal resignation as
attorney general of the United States
to take effect foithwith. Now that I
am no longer a member of your cabi-
net I feel constrained ns a private
citizen in all kindness to cal! certain-
matters to your attention.
Didn't Seek Advice.
“Your request. Mr. President for
my resignation is baaed on grounds
which -seem to me untenable. As you
will perhaps remember. I did not in
tend to seek your advice with regard
to compliance w ith the demands of the
Senate committee tor the indiscrimi-
nate delivery of die confidential files
FRIDAY.
of the Department of Justice or parte
thereof. As I explained to you. my
duty was clear for 1 had frequently
been called upon to determine mis
question. My answer was ready ns
I informed you and furnished you a
copy thereof.
"My sole purpose in taking tbe mat-
ter up with you was to let you Know
the position I was compelled to take
in the interest of the public business
.and for the protection of the govern-
ment that you might be in position to
advise other departments if similar
requests were made what course they
should pursue.
“Your suggestion that I cannot func-
tion as attorney general an« net end
myself ngainst these charges nt the
same time. I believe is hardly war-
ranted by the facts.
"You know that I have employed
counsel at my own expense to mKe
the responsibility of representing me
at the hearings before the Senate com-
mittee in order that I could devote
my time to the public business which
I have been doing continually.
Department Is Efficient.
“Those employed in the department
have given no time belonging to tbe
government to this so-called investiga-
tion except to furnish data required
by the various congressional commit-
tees. The business of the department
is at its peak in efficiency and ac-
complishment nnd 1 am prepared to
demonstrate this fact before any tribu-
nal if opportunity is afforded.
“Your suggestion that an attack
upon a cabinet officer disqualifies him
for further official service is a dan-
gerous doctrine. Mr. President all
the pretended charges against me are
false. But whether true or false if a
member of tbe cabinet is to be incapa-
cigted or disqualified by 4he prefer-
ment of charges against him no mat-
ter bow malicious and groundless nnd
be is compelled to give up his re-
sponsibilities and sacrifice his honor
for Qie time being becaqse of such at-
tack no man in any official position
is safe and the most honorable up-
right and efficient public servant
could be swept from office and stable
government destroyed by clamor.
Sayg Is Part of “ Program.”
“I have often advised you that my
elimination is part of the program
now being carried out tbe origin of
the persistent and vindictive attempt
to discredit me as attorney general is
well known. It principally proceeds
from two sources: The powerful in-
dividuals and organizations who re-
sent my successful action in conform-
ity with my sworn duty to save this
country from violence and anarchy
during an industrial crisis far more
serious than tbe general public has
ever known; second from those equal-
ly powerful individuals and organiza-
tions guilty of graft upon the govern-
ment during the World War while the
youth of our land was making tbe su-
preme sacrifice for the nation.
“I have to the best of my ability
discharged my sworn duty to prose-
cute all such individuals and organi-
zations but the task Ims been beset
with peculiar difficulties by reason
of the fact that the official record in
most of these cases was made up by
men supposedly representing the gov-
ernment in these transactions »who
were either knowingly or stupid par-
ties to th* crime tv f-
“This partnership of the rioter and
the war profiteer has ceaselessly
sought to break down tbe faith of the’
American people in me and in the De-
partment of Justice. In the high court
of impeachment their attempt to
fasten guilt upon me collapsed in dis-
grace to its originators nnd they did
not dare appeal again to the consti-
tutional court.
Raps Scandal Mongers.
In the low’ court of scandal gossip
rumor and innuendo to which appeal
is now made it will have no better
success with the people of this coun-
try who rei»l and think and believe
in justice ami the square deal but
coupled with threats of similar treat-
ment of other public men. it has im-
pressed politicians who think every-
thing of personal and party expe-
diency and nothing of the principle
involved with the necessity of offering
me as a sacrifice to propitiate the
vengeful interests which seek my de-
struction.
“I cannot eseapa the conviction Mr.
President that your request for m.v
resignation is also most untimely. It
comes at a time when tbe truth is
vanishing falsehood from the publif
mind even though I have not as yet
had an opi>ortunity to place upon the
witness stand before the Renate com-
mittee a single witness in m.v defense
or in explanation or rebuttal of the
whispered and gossipy charge*
against me.
“No better evidence of the failure
to substantiate charges of wrongful
action on my part could be offered
than the character of the proceedings
by the Senate committee engaged in
conducting the present inquiry. If
my accusers had believed me guilty
they would have been scrupulously
careful tn select as members of the
tribunal men of judicial character
with open minds in order that an un-
prejudiced verdict might be rendered.
Raps Inquiry Members.
“The choice ns majority members
of this committee of men some of
whom have openly bitterly and
falsely assailed me under senatorial
immunity and who had assailed my
administration of the Department of
Justice; the designation of n member
of this court as prosecutor who is the
responsible author of the resolution
against me; the refusal to apply to tbe
proceedings any rule of evidence or
to grant- to me the customary imme-
diate right of cross-examination nnd
enrly opportunity for rebuttal; and
above all. the character of the wit-
nesses including blackmailers bootleg-
gers. confessed corruptions lists and
discharged nnd discredited government
employes not one of whom lias given
testimony that would be admitted as
evidence in the most loosely conducted
court of the land—nil this proves to
fair-minded men that in the absence of
competent and creditable testimony
the elements in control of this commit-
tee seek to convict by immaterial and
malicious gossip retailed by irrespon-
sible witnesses. In sinh a tribunal
by such methods nnd .out of the
mouths of such witnesses an honest
man could be convicted of nny crime.
Brings in Party.
“I am aware. Mr. President that
the suggestion has been made to you
that my retirement from tbe cabinet
would serve the ends of party expe-
diency. Had I believed this. I would
have retired when this contention was
first raised. Twice since s'ou became
Precident and when I could have done
so. without criticism. I have offered
to retire from your cabinet and you
have in each instance requested me
to remain because as you were kind
enough to say of your entire satisfac-
tion with tbe splendid accomplieh-
ments of the Department of Justice
under my administration. After this
recent attack and while under fire. 1
stood my ground because 1 believed
cowardice and surrender of principle
are never expedient and that every
sacrifice of justice to clamor is fol-
lowed by demands for still greater sac-
rifices. From the beginning this at-
tack upon me has in fact been an at-
tack upon the administration and the
Republican party which my assail-
ants are seeking to discredit for par-
tisan purposes. Since the assault upon
me began the purpose to attack every
administration official of prominence
including the President himself has
been publicly revealed.
Says Crisis at Hand.
“The American people confront a
crisis in national affairs equal in
gravity Jo any wc have ever faced in
our history. Is this to remain a gov-
ernment of law and order of consti-
tutional procedure with its guaran-
tees of individual rights and its safe-
guards for equal justice to the high-
est and the humblest or is it to be-
come a government by slander by ter-
rorism and by fear? In the battle for
my rights as an official and a citizen
the rights of every citizen of this re-
public nre involved for who of all our
millions of people knows but that he
may bo the next to become the object
of unjust necusaßon maintained by
lawless inquisition?
“In conclusion Mr. President
please accept m.v thanks for your
statement that you do not question my
fairness or integrity and believe me
“ Yours very truly.
“H. M. DAUGHERTY.”
Goes to Atlantic City.
Immediately after signing the last
letter to the President. Mr. Daugherty
left Washington for a rest at Atlantic
City. '
Retention of Mr. Daugherty in the
cabinet was one of the strongest links
by which. President Coolidge. wh»n
he assumed office tied up with the
political fortunes of his administra-
tion with those of the uncompleted
administration of his predecessor.
Long a personal friend of Mr.
Harding the retiring attorney gen-
eral was the pre-con vent ion Harding
campaign manager in 11120 nnd he
entered tbe cabinet acclaimed as the
Warwick of the new regime in Wash-
ington. '
Throughout President Harding's
lifetime their close association re-
mained unbroken. When criticism of
the attorney general began nnd when
his usefulness had been greatly im-
paired a year ago by illness. Mr. Hard-
ing assured him he would find only
support nnd confidence at the White
House.
The post of attorney general was
the first high public (dace ever held
by Mr. Daugherty and his administra-
tion of the Department of Justice wan
(terhaps more continually under fire
during his tenure of office than any
other federal agency under this Re-
pablicnn regime. It was at the same
time strongly commended for positive
positions adopted on many occasions.
Has Been Scored Often.
Mr. Daugherty was frequently as-
sailed in Congress one attack cul-
minating in impeachment proceedings
I but he was exonerated by the House
by a one-sided vote. He was assailed
for the alleged part he played in ob-
lease Lota Atlanta prison
br(Tiarles W. Mrtr’d during the Taft
administration and was constantly
under attack by organized labor
particularly after he used the injunc-
tion in trying to break up the rail
strike in 1022.
The impeachment proceedings were
initiated by Representative Keller
(Republican) Minnesota who rose
from his scat in the House September
11. 11(22. and ''impeached" Mr.
Daugherty making the general charge
of malfeasance in office. Mr. Keller's
resolution was referred to the judic-
iary committee and on Mr. Daugh-
erty's demand the committee required
Mr. Keller to file a bill of particulars.
He then made fourteen specific
charges all carrying general asser-
tions of deliberate failure und neglect
fraud ami deceit.
When the_ committee tried to obtain
from Mr. Keller supporting evidence
it failed to get anything it regarded as
infinite and the Minnesota member
finally charged that the inquiry was
not being fairly conducted and said Ue
was “through with the case." Further
efforts to get hitn to testify failed
and when the House received the com-
mittee’s report it. voted to exonerate
the attorney general. 21(4 to 77.
Labor Mixed in Case.
Officials of the American Federa-
tion of Labor appeared in the in-
quiry to support the attack on hte in-
junction obtained in Chicago against
the rail strikers. Attorney Gent-r.il
Daugherty’s friends claimed this was
one of his boldest strokes in protect-
ing the public interest while his en-
emies condemned tbe action most vig-
orously. He insisted also that he had
acted as a sincere friend of labor.
There was much controversy too
oyer Mr. Daugherty’s ruling that for-
eign ships cipild not bring liquor
stores into American waters and that
American ships must remain dry
wherever they may be. Only the for-
mer of these two propositions was up-
held by the Supreme court.
Recently there have been repeated
atacks on the Department of Justice
in regard to delays and failures to
convict In the war fraud cases. Nota-
bly among thes? cases wns the Chem-
ical Foundation proceedings and that
against Charles W. Morse in neither
of which was the department able to
get a favorable verdict.
Wheeler Fought Him.
The war frauds prosecutions and
the delay in prosecuting those ue-
eused in the Veterans' Bureau and oil
inquiries were among specific ques-
tions referred to in the resolution of
Senator Wheeler (Democrat) Mon-
tana ordering the Senate investiga
tion. This resolution was introduced
after a request for a heating had been
made by Mr. Daugherty on the basis
of a previous resolution by Mr.
Wheeler demanding his resignation.
Mr. Daugherty was born at Wash-
ington Courthouse Ohio and passed
his sixty-fourth birthday January 2<i
He was only 4 years old when his
father died and through his own ef-
forts obtained an education graduat-
ing from the University of Michigan
at 21. He began practice of law in
his home city.' but removed to Colum-
bus. Ohio in 1593. He organized tile
law firm of Daugherty. Todd & Rarey
in 11)02 .and remained senior member
of the firm until his appointment as
attorney general.
Baseball Shoes
$5.00 value EA
special q)<J.Ju
THE DIBBLE CO.
/ 221 South Alamo
THE SAN ANTONIO LIGHT.
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MARCH 28 1924.
8
SE I
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The San Antonio Light (San Antonio, Tex.), Vol. 44, No. 69, Ed. 1 Friday, March 28, 1924, newspaper, March 28, 1924; (https://texashistory.unt.edu/ark:/67531/metapth1592915/m1/4/: accessed July 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .