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Al Capone — Part 29
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Mr. Johnson is having one of his @asistantes render .
an opinion as to whether the allegations even if true would constitute
contemnt of court or any Federal violation. Fandine this decision by
the U.S, Attorney's office I am taking no action. In the event that
the District attorney's office is of the opinion that by reason of
subject Capone beinc remanded to the Marshal rather than committed to
jail, there is no Federal riolation or contempt of court involved,
it woula appear that the matter in question is more or lese an ad-
ministrative one to be adjusted by the U.8. Marahal. Maturally I
shell take no part in any administretive measure, and assume that
such action if desirable will be amicably adjusted by the U.5.
Attorney and the U.S. Marshal, or by the Department itaelf.
I have caused inguiry to be made with a view to de-
termining tha source of the telegram in quasticn, and am informed by
the hestern Union Telagraph Company that the message in question wes
delivered to the Western Union Office at 1512 West Madison Street,
Chicago, Illinois, on Decerber 2, 1931. ‘The original message wes
typed on 9 Fostal Telegraph blank, and bore no name or return address.
Miss &. Kulatta, the employee who accepted this telegram, will not
return to duty until tomorrow afternoon, at which tine the manager
of the .eetern Union Company will interview her with a view to de-
termining whether she remembers the party who delivered the message
in question to the branch office, or can give any informetion regerding
the identity of thia party.
Upon being advised of the opinion of the U.S. Attorney's
office resarding thé mMAtter in question as alluded to above, the Bureau
will be advised accordingly. At any rete I shall underteke no investi-
getive activity in connection with this case until the Bureau has been
fully informed thersof.
We ae ’
Special agent in Charge.
Gali/eec
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