oc-plain-dealer 1924-03-28
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COOLIDGE KICKS
DAUGHERTY OUT
(Continued From Page One)
senate committee for indiscriminate delivery of the confidential files of the department of justice, or parts thereof. As I explained to you my duty was clear for I had frequently been called upon to determine this question. My answer was ready, as I informed you, and furnished you a copy thereof.
"My sole purpose in taking the matter 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 government, that you might be in a position to advise other developments, if similar requests were made, what course they should course.
"Your suggestion that I cannot function as attorney general and defend myself against the charges at the same time, I believe, is hardly warranted by the facts. You know I have employed counsel, at my own expense, to take the responsibility of representing me at the hearings in order that I could devote my time to the public business which I have been doing continuously.
"Those employed in the department have given no time belonging to the government to this so-called investigation, except to furnish data required by the various congressional committees. The business of the department is at its peak in efficiency and accomplishment, and I am prepared to demonstrate this fact before any tribunal-if opportunity is offered.
"Your suggestion that an attack upon a cabinet officer disqualifies him for further official service is a dangerous doctrine. Mr. President, all the pretended charges against me are false. But whether true or false, if a member of the cabinet is to be incapacitated or disqualified by the preferment of charges against him, no matter how malicious and groundless, and he is compelled to give up his responsible position and sacrifice his honor for the time being because of such attacks no
Mr. President, that your request for my resignation is also most untimely. It comes at a time when the truth is banishing falsehood from the public mind, even when the truth is banishing falsehood from the public mind, even when the truth is banishing falsehood from the public mind, even when the truth is banishing falsehood from the public mind, even when the truth is banishing falsehood from the public mind, even when the truth is banishing falsehood from the public mind, even when the truth is banishing falsehood from the public mind, even when the truth is banishing falsehood from the public mind,
Yielding to the enormous sure that has been exerted for weeks. President Coolidge quieted the attorney general from the government. Mr. Daugherty compiled.
The resignation becomes immediate at the request of President Coolidge.
Official announcement made at the White House after 10:30 o'clock of the new general's resignation acceptance by the president.
At the same time the House made public the course that passed between the ident and Mr. Daugherty.
Attorney General Coolidge the second member of the Cabinet to fall victim of a investigation and scandal has descended upon Washington in recent months, the other Secretary of the Navy Denied resign under similar circumstances on March 10.
The following letter from president to the attorney was made public:
"My Dear Mr. Attorney,
Since my conference with have examined the proposed you suggest making to me that you furnish the committee investigating the department with files from that moment, relating to litigation to the bureau of investigation.
You represent to me the committee in your settlement it would not be compatible with public interest to comply with demand, and wish to call your letter with a statement I approve that position. Obviously I approve the well-established principle that departments not give out information on matters where such a course be detrimental to the public interest, and this principle is peculiarly applicable to your department, which such a relation to the administration of justice.
But you will readily make it impossible to form
"Your suggestion that an attack upon a cabinet officer disqualifies him for further official service is a dangerous doctrine. Mr. President, all the pretended charges against me are false. But whether true or false, if a member of the cabinet is to be incapacitated or disqualified by the preferment of charges against him, no matter how malicious and groundless, and he is compelled to give up his responsible position and sacrifice his honor for the time being because of such attacks, no man in any official position is safe and the most honorable upright and efficient public servants could be swept from office and stable government destroyed by clamor.
"I have often advised you that my elimination is part of the program now being carried on. The origin of the persistent and vindictive attempt to discredit me as attorney general is well known. It principally proceeds from two sources. The powerful individuals and organizations who resent my successful action, in conformity with my sworn duty to save this country from violence and anarchy during an industrial crisis far more serious than the general public has ever known; second, from those equally powerful individuals and organizations, guilty of graft upon the government during the world war while the youth of our land was making the supreme sacrifice for the nation. I have to the best of my ability discharged my sworn duty to prosecute all such individuals and organizations, but the task has been beset with peculiar difficulties by the fact that the official record in most of these cases was made up by men supposedly representing the government in these transactions who were either knowingly or stupidly parties to the crime. This partnership of the rioter and the war profiteer has ceaselessly sought to break down the faith of the American people in me and the department of justice.
In the high court of impeachment their attempt to fasten guilt upon me collapsed in disgrace to its originators, and they did not dare to appeal again to the constitutional courts.
In the lower courts of scandal, govip, rumor and innuendo, to which appeal is now made. It will have no better success with the people of this country who read and think and believe in justice and the square deal, but coupled with threats of similar treatment of other public men it has impressed politicians who think everything of personal and party expediency, and nothing of the principle involved, with the necessity of offering me as a sacrifice to propitiate the vengeful interests which seek my destruction."
"I am aware, Mr. President, that the suggestion has been made to you that my retirement from the cabinet would serve the end of partly expedient. Had I believed this I would have retired when this contention was first raised.
Twice since you became president 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 satisfaction with the splendid accomplishments of the department of justice under my administration.
After this recent attack and while under fire, I stood my ground because I believed that cowardice and surrender of principle are never epedient and that every sacrifice of justice to clamor is followed by demand for still greater sacrifices.
From the beginning this attack upon me has in fact been an attack upon the administration and the republican party which my assailants are seeking to discredit for partisan purposes. Since the assault upon me began, the purpose to attack every administration official, of prominence, including the president himself, has been publicly revealed.
"The American people confront a crisis in national affairs equal in gravity to any we have faced in all our history. Is this to remain a government of law and order, of constitutional procedure with its guarantees of individual rights, and its safeguards for equal justice to the highest and humblest, or is it to become a government by slander, by terrorism and by fear?
In the battle for my rights as an official and a citizen, the rights of every citizen of this republic are involved for who of all our millions of people knows but that he may be the next to become the object of unjust accusations obtained by lawless inquisition.
In conclusion, Mr. President, please accept my thanks for your statement that you do not question my fairness or integrity, and believe me.
"Yours very truly,
(Signed)
HARRY M. DAUGHERTY."
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In the battle for my rights as an official and a citizen, the rights of every citizen of this republic are involved for who of all our millions of people knows but that he may be the next to become the object of unjust accusations obtained by lawless inquisition.
"In conclusion, Mr. President, please accept my thanks for your statement that you do not question my fairness or integrity, and believe me.
"Yours very truly,
"(Signed)
"HARRY M. DAUGHERTY."
These two positions are patible, and cannot be recited because I am sure you will see them necessary for me to have a vice of a disinterested general, in order that I charge the duties of my own this and other matters. I can tain that you will know how I regret that this situation arisen. It only illustrates difficulties which are certain with ever-increasing reassment and your inability perform satisfactorily the of the attorney general under conditions. You will understand that it is not an intention to pre-judge she which remain to be developed this investigation.
"I recognize that you titled to a full and fair trial. But as there is no way you can divest yourself of teresis you have personally investigation, I can see no reason for you to retire as attorney general, and I am therefore co- to request your resignation.
"Very truly yours,
"CALVIN COOLI"
The reply of the attorney general was brief. It followed:
"My Dear Mr. President,
"I hereby acknowledge of your letter of March 27 hand of your secretary, receive my resignation as attorney general of the United States.
"Solely out of deference request, and in compliance with, I hereby tender my position. While you do not stay you desire my resignation come effective. I most rejoice request that it become a forthwith.
"Very truly yours.
"H. M. DAUGHERTY"
Daugherty's retirement the government ends against him that has been gross almost ever since appointed by the late P. Harding and which has been particularly severe for a year.
In the last six weeks—the passage of the Wheelerization of Investigation—the upon him has been terrific.
The attorney general
THE PLAIN DEALER, ANAHEIM, CALIF.
WASHINGTON, March 28—Attorney General Harry M. Daugherty has resigned from the calif. Felding to the enormous preside that has been exerted on him weeks. President Coolidge reinstated the attorney general to ref from the government, and Daugherty compiled. The resignation becomes immediate at the request of president Coolidge. Official announcement was made at the White House shortly after 10:30 o'clock of the attorney general's resignation and its acceptance by the president. At the same time the White House made public the correspondence that passed between the President and Mr. Daugherty. Attorney General Daugherty is second member of the Coolidge binet to fall victim of the era investigation and scandal that has descended upon Washington recent months, the other being secretary of the Navy Denby, who signed under similar circumstances on March 10.
The following letter from the president to the attorney general was made public:
"My Dear Mr. Attorney General Since my conference with you I have examined the proposed reply to suggest making to the demand that you furnish the committee investigating the department of justice with files from, that department, relating to litigation and the bureau of investigation.
You represent to me and to the committee in your letter that would not be compatible with the public interest to comply with the demand, and wish to conclude our letter with a statement that approve that position. Certainly I approve the well established principle that departments should give out information or documents, where such a course would detrimental to the public interest, and this principle is always similarly applicable to your department, which has such an intimate relation to the administration of justice."
But you will readily perceive that unable to form an in-
back with a determination that his friends called "magnificently courageous" and his enemies termed "perverse stubbornness". Always he was insistent that he would not resign under fire, or long as the charges make against him and his administration remained unproved.
There was opposition to Daugherty at the time of his appointment to the attorney generalship by the late President Harding. He was more to Harding than a mere campaign manager—he was a close friend and associate of years standing, and Harding brushed aside all objections to his friend.
From time to time, during the Harding administration, enemies of the attorney general would start sporadic drives against him, but always they fell down against the stone wall of Mr. Harding's opposition.
A year ago these drives against the attorney general culminated in the introduction of a resolution of impeachment by Representative Keller, Republican of Minnesota, who acted for a group of Daugherty's enemies inside and outside the government. The resolution came to nothing and Daugherty continued in office, apparently more solidly entrenched than before.
The death of President Harding in August again brought the status of the attorney general to the fore front. Of all members of the cabinet, Daugherty, more than any other member, was a personal appointee of the late President Harding and the enemies of the attorney general renewed their efforts to "get him."
Harding's death was a severe blow to Daugherty in a personal way, and so crushed was he that his was the first resignation placed in the hands of the new president after the Harding funeral.
At that time, however, President Coolidge is said to have placed his hand on this attorney general's shoulder and observed that he (Coolidge) believed he (Daugherty) was a "much maligned man." And he asked him to remain. Coolidge consented with some not to get out while under attack.
The attacks on Daugherty came not only from his political enemies, but also from those within his own party—republican senators going to the White House in numbers to urge upon the president that he must his attorney general. Some of these had long opposed the attorney general and others feared his retention in the cabinet and the educational attacks upon him might react against the party politically, as the Democrats were obtaining much campaign material as sensation followed sensation.
Senators Lodge, Curtis, Pepper, Borah—the most influential republicans in the senate—were foremost among those urging Coolidge to get rid of the attorney general.
For some time, President Coolidge withstood this pressure. His support of Daugherty became pronounced after the attorney general wrote his new famous letter to Senator Pepper, republican of Pennsylvania, demanding to know if he was to be convicted before he was accorded a hearing on the charges made against him.
"Am I to be damned?" said Daugherty, "the privilege that is recorded the basest criminal."
The pressure, however, became too strong on Mr. Coolidge. Witnesses, whose testimony the attorney general contended would not be acceptable in court, mounted the witness stand in the Wheeler investigation and testified to amazing and startling cases of graft and corruption among the closest friends of the attorney general. Never did they directly charge him with corruption, but always his friends, some of whom like Jesse W. Smith, were dead. Their stories could neither be proved or disproved, because the people concerned, Smith, Hamon and others, were dead, but the cumulative effective of these sensational charges was such that President Coolidge finally yielded to the enormous pressure and requested the attorney general's retirement.
public interest to comply with demand, and wish to conclude letter with statement that approve position. Certainly I approve the well established principle that departments should give out information or documents, where such a course would detrimental to the public interest, and this principle is always particularly applicable to your department, which has such an intimate relation to the administration of justice.
But you will readily perceive that I am unable to form an independent judgment in this instance without a long and intricate investigation of voluminous papers, which I cannot personally take, and so I should be compelled to follow the usual practice such cases and rely upon your service as attorney general and head of the department of justice.
But you will see at once that the committee is investigating your personal conduct, you have become an interested party, and the committee wants these papers because of a claim that they disclose your personal contact of the department. Assuming that the request of the committee is appropriately limited to designated files, still the question will always be the same in view of the fact that the inquiry relates your personal conduct, you are not in a position to give me or the committee what would be interesting, advice as to public interest. You have a personal interest in this investigation which being made of the conduct of yourself and your office, which may be in conflict with your official interests as the attorney general. I am not questioning your morality or integrity. I am merely reciting the facts that you are accused in two positions, one your personal interest, the other your office of attorney general, which may be in conflict. How can I justify a request for action in matters of this nature on the grounds that you, as attorney general, adhere against it, when you, as the individual, against whom the industry is directed, necessarily have personal interest in it. I do not know how you can be acting for yourself in your own defense in this matter, and at the same time on the same question acting my adviser as attorney general. These two positions are incompatible, and cannot be reconciled. Am sure you will see that it is necessary for me to have the advice of a disinterested attorney general, in order that I may disarrange the duties of my office in this and other matters. I feel certain that you will know how deep I regret that this situation has been. It only illustrates the difficulties which are certain to
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dence of guilt in which case, of course, retirement from the cabinet would be imperative.
4. Repulse in the South Dakota primaries, the president has been told, may be attributed directly to the retention of Daugherty. He has been warned that similar results may be expected in other primaries if a resignation is not forthcoming.
5. Reports have reached the White House that Daugherty is using his official organization to (Continued on Page 2)
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