The Washington times., 1912-09-07
DRASTIC STEP
AGAINST JUDGE
IS CONSIDERED
U. S. May Disqualify Jurist
for Shoe Machinery Trust
! Case Ruling.

"oShihoiy uusL case, Will De IOl-
lowed by striking developments.
One of the possibilities in the case
is the fling by the Government of an
AFFIDAVIT declaring Judge Putnam dis
qualified from sitting in the case by
reason Of the fact the Department of
Justice believes him unduly preju-
diced against the Government and in
favor Of the trust.
Such action would be startling and
sensational. However, under the re-
vised code relating the the judiciary,
provision is made for just such ac-
ton.
1t has not hitherto been resorted to,
but the attitude of Judge Putnam has
not stopped short of criticism of the
Governments course with reference
to the suit. This criticism has been
in effect leveled at the Attorney
General and the President.
Would Be Drastic Step.
No official statement has been made
on the subject Of whether the affidavit
here referred to will be resorted to- 1t
would be a drastic step. But 1t Is
known that it is being considered by
the Government
1t is settled that the matter will be
brought UP when Congress meets. Con-
gresham George w. Norris, of Ne
braska, who departs today for the
West, was asked what course he would
take in regard to the secret hearings
granted by Judge Putnam.
He said he had decided on two things
In the first place, he will ask the House
judiciary Committee, of which he Is a
member, to make an investigation Of
the action taken by Judge Putnam. In
the second place, he will press a bill
for passage which will make the re-
currence of such thing impossible.
Criticised by Norris.
Judge Norris declared today that the
more he looked into the matter the
NOR he felt it deserved severe chiticism.
He said it was an outrage on the public
be handled behind closed doors.
One phase of the shoe machinery
trust situation which Judge Norris
wants investigated is the distribution
of the United Shoe Machinery Com
pany stock. He wants to know who are
the holders of it.
Reason for Action.
I'm the pending civil suit against the
Il. -. r.
Department Of Justice has ample reason,
I believe. to invoke the provision of the
new code which permits an affidavit to
be filed for the removal of a case from
a prejudiced court" said Congressman
Norris.
THE company filed demurrers to the
suits entered by the Government. These
demurrers were sustained by Judge Put
nam, excepting one count in each. He
openly criticised the President of the
United States and the Department OF
Justice for bringing a criminal suit at
the same time a civil suit was pending
THE amount of prejudice in the rec
ord is amazing. l do not understand
how any one who read the record ir
this case could escape the conclusion
that the judge was doing his best to
protect the defendant There are biased
ord. The opinion also contains traces
of the same bias"
Congressman Norris said that to his
surprise he found no statute forbidding
secrecy in such hearings.
There are only two reasons fol
secrecy in judicial hearings; one where
the purpose of the suit is to enforce
secrecy and tn other where tn testi
Inony is indecent; In such cases sec
hcity is an essential part of the prope
administration Of justice.
1.-The issuance of an order for a secre
hearing, such as was given in thi
case, is without precedent. Moreover
the judges do not give a single reason
for their order"
Formalities Ignored.
Some interest is displayed in how
Judge Putnam, of Portland, Me-. a cir
cult Judge, came to get hold of thiI
case in the beginning. The formalitie!
required when a circuit judge hold!
court in a district seem to not have
been complied with. However, wher
the case was brought, Judge Putnam
was on hand and took charge of affair
without protest from either side.
Judge Putnam is a Democrat H
was appointed to the Federal judiciar
by President Harrison. Two othe
. judges sat with him in issuing the fins
order for a secret hearing in the civi
suit against the alleged shoe machiner!
trust.
"If the allegations made by the Gov
ernment are true" said Congressma
Norris, this shoe machinery combin
is not only a trust, but II is about tn
worst trust we have. 1t controls bust
ness, according to the allegations, b.
methods that certainly cannot be re
garded as fair.
Moreover, it affects the price an
method of manufacture of every pal
of shoes sold in this country This sui
is a matter affecting every man, won
an and child in the country. And ye
in a suit of such general interest whic
cries for publicity, these judges, at
time when the bench is under .direC
fire, have the amazing temerity t
break all precedent and order that tn
evidence shall be taken in secret"
It has been suggested that the De
partment of Justice may not press tn
suit at this time. The Government ha
the next move. 1t may 1t is STATED
postpone operations against the she
machinery combine until after Congress
has had an opportunity to pass a law G
two TO correct conditions which seem I
set the pins entirely against the GOV
ernment. 1t is frankly admitted tha
the Department of Justice Is sore a
the action OF the Massachusetts Judge
Prober Is Progressive.
Congressman Norris remained