The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1912-09-12
PLANS FIGHT ON
FEDERAL COURT.
FOR PERMITTING SECRET HEAR
lNGS IN THE TRUST ACTIONS
BROUGHT BY GOVERNMENT.

BROUGHT BY GOVERNMENT,
Washington, Sept. ll.-Before Con
gressman Norris, the insurgent repup-
lican OF Nebraska, left Washington
for his home last Saturday, he dis
cussed the attack he is going to make
upon the federal district court at Bos-
ton for issuing an order for the prl-
yate taking of testimony III the gov
ernment suit against the United shoe
Machinery company. 1t is the avowed
purpose of the Nebraskan to make an
cpen war upon the growing practice of
the court to grant secret hearings in
trust actions brought by the govern
ment
The rather startling developments
in the Boston case give evidence OF
proving decidedly embarrassing to
the Taft administration. Now that
the department OF Justice has agreed
to the star chan iber session at the
Hub. but that ta's action appears TO
be only the next sep following the
secret consideration which was Civ
en- the tobacco trust when the plan
of dissolution and distribution OF the
stock and holdings of the American
Tobacco company among its subsidi-
ary companies was had. The inde-
pendents we're not allowed to act up
on any information gained at that
hearing and now there is pending in
the senate a proposition put forward
| by Senator Cummins to force the
government to take an appeal to the
supreme court
May Oisqualify Court.
One of the probabilities in the shoe
machinery case is the filing ny the
government of an affidavit declaring
Judge Putnam disqualified from sit
ting in the case by reason OF the fact
that the department of justice be-
lieves him unduly prejudiced against
the government and in favor of the
trust. Such action would be sensa-
tional however, under the revised
code relating to the judiciary, provi-
sion is made for Just such action.
Representative Ncrris declared
that the more he looked into the mat
ter the more he felt it deserved Sc
we're criticism. He said it was an out
rage that a case OF such magnitude
should be handled behind closed doors.
"Iu the pending civil suit against
the United Shoe Machinery company
the department of Justice has ample
reason, | believe, to invoke the pro
vision of the new code which permits
an affidavit to be filed for the removal
of case from a prejudlced court,
said Judge Norris.
"The company filed demurrers to
the suits entered by the government
These demurrers were sustained by
Judge Putnam, excepting one count
in each. He openly criticised the
president of the United States and the
department of justice for bringing o
criminal suit at the same time a civil
suit was pending.
The amount of prejudice in the
record is amazing. There are only two
reasons for secrecy in judicial hear
ings; one where the purpose of the
suit is to enforce secrecy and the
other is where the testimony is indie
cent In such cases secrecy is bene-
fical. In all others publicity is an
essential part of the proper admins
tration of justice.
The issuance of an order for Sc
cret hearing such as was given III
this case is without precedent. More
over, the judges do not give single
reason for that order"
Norris Prepares Bill.
1t is settled that this matter VIII
be brought before congress when it
meets again next December. Con-
gressman Norris declared he has de-
cideI upon two courses of action.
First he will ask the house judiciary
committee, of which he is a member,
to make an investigation of the ac-
tion taken by Judge Putnam. In the
second place, he will press a bill for
passage which will make the recur-
renee of such a thing impossible.
One of the most determined fights
which the advocates of freedom for
the Philippines have yet made is to
be started with the converting Of
congress next winter Manuel l..
Quezon, the delegate to congress from
the Philippines is spending the sum
mer arraying his forces for the strug-