Omaha daily bee., 1910-02-16
MPHERSONS IRE AROUSED
United States Judge Finds Serious
Fault with Absent Lawyer.
BLEACHED FLOUR CASE PUT OVER
Special Counsel Butler, for Govcrn-
ment, Fails TO show Up--Judge
Gives Notice Case Must Go
On March =.

The "bleached flour" cases against tho
Updlke Milling company OF Omaha and
the awn Milling company Of Topeka,
Kan. under the pure food laws, will be
heard In federal court at Council Bluffs
on March II.
The second continuance Of these cases
was made by Judge Smith b. Mcpherson
in United States court Tuesday morning
when Pierce Butler Of st. Paul, special
counsel for the government. failed to APP
pear. Council for the defendant milling
companies appeared with all Of their wit
nesses ready to proceed with the trial and
demanded immediate hearing. The govern
ent was totally unprepared to go to trial.
Judge Mcpherson made It apparent in
granting the continuance that he would
brook no further delays. He declared con-
tinued postponement Of the flour cases
caused an injustice to the public and to
the defendants.
"TH try these cases then II I havs to ad-
journ every other term Of court In this
district" declared the Judge when he set
the trial Of the case for March II.
The defense will be given two days
nfter the opening of the trial In which 10
bring their witnesses here"
Special COunse pilatory.
Judge MCPHERSON, after hearing the at
torneys, made a statement in which he
reviewed the history of the cases, touchinR
on each delay. He took occasion to make
remarks which indicated that Mr.. Butler.
the governments special counsel, had not
been particularly diligent in the pursuit
OF the cases pending. He read a telegram
which Mr.. Butler had sent Marcellus L.
Temple district attorney. stating that his
work In New Orleans in connection with
the flour cases would prevent his attend
ance in court at Council Bluffs.
Must courts give way every time a law
yer says he is at work -, remarked the
Judge
In this case I am up against this prop
osition to dismiss or to continue these
cases. They are attracting great public at
t~ention. The consumers have a light to
know II this flour is bad, and on the other
hand a great harm is being done to the
mlllers and wheat growers II II is not bad,
A dismissal would not settle anything"
Defending Attorneys Kick.
Ed p. Smith, counsel for the Updike Mill.
ing company. charged that the government
did not want to try these cases and state.
ments by other attorneys were made to in.
dicate that it would have been easily pos.
sible for Mr.. Butler to have been in court
at Council Bluffs If he had so desired.
A. E. Helm Of Wichita, representing tn,
Kansas millers, stated that he had Jus
returned from New Orleans, where Mr.
Butler had been engaged and he set fortl
that the status Of the case there was no
such as to demand Mr.. Buffers attendant,
In person.
w are not prepared to AXE up thes,
cases." said District Attorney Temple
THE evidence is not here and I am I'm
able to say why 1t is not complete"
He put the matter up to Butler.
That the uncertainty which prevails con
corning the status Of bleached flour wa
working obstruction of the milling bust
ness OF this territory wal the declaration O
the lawyers for the defense.
History Of Case.
The bleached flour cases were first Sc
for trial at Des Moines on November IL
At the instance of the government the,
were set for hearing at the special tern
, of court at Council Bluffs, which convene,
Tuesday morning.
The court room was filled with an At
Y tendance of interested milling and graf,
men. The expert witnesses for the defens,
constituted a throng themselves. None O
' the governments witnesses were presen
4 and the only government evidence in cour
was contained In a little pile of deposition
} from experts at Harvard, Yale and tn
= Massachusetts, Institute Of Technology.
The special jury panel for this term O
Q court, originally drawn for the Mabra,
y cases, which have also been continued. wa
discharged following the continuance of tn
flour case.