The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1917-11-04
he at last had bestirred himself /,

he ut last had bestirred himself to
action. Possibly not. Perhaps he
wished to get something into the pa
pcrs to -connteract the criticism which
has been heaped upon his official con-
duct for many weeks.
Mr.. Wheeler's office associate in
Butte is H.. L. Maury. Mr.. Maury Is
an ardent Socialist and leader in
that line Of thought in Butte. Mr..
Wheeler has shown little disposition,
his critics declare. to take a positive
position against the activities of the
|. W. w. He has not been Jealous in
the arrest Of slackcrs and descrtcrs or
in their prosecution after they had
been arrested.
Law in Case Is Clear.
The law has taken co.nizance many
times of the divulgng of secrets of
grand jury procedure Generally the
action in such matters has been
brought against some newspaper,
whose ambitious reporters have by dill
igent effort discovered what action the
grand jury was taking and had I'M
wisely allowed it to he printed before
the proper time. The case however.
of n United States attorney so dcliv-
erinc himself Of his plans to tho ben
eager to bring to book is now in the
annals Of grand jury activity
Newspaper Was Convicted.
one prominent case of "a newspaper
,r,t Inc jp.n ,iifFin,tifi.x
grand jury plans happened not longer
ago than April of this year. In this
case the United States brought an nc
ton for contempt of court against the
Providence az. ~ Tribute company in
the federal district court. The action
was tn, result of tho publication in the
columns Of the Tribune Of Il story
which purported to reveal the action
of the grand jury in voting iudict-
mcnts of alleged vioiators OF the drug
traffic laws.
Before tn" indictments had been rc-
turned. tho Tribune printed tho story
In this ease. however. tho United states
attorney did not give the information
to the newspaper. ON the contrary he
prosecuted the publication successfully
before Federal Judge Brown. In his
ruling in supporting tho contention Of
United states Attorney Baker Judge
Brown declared in part as follows:
The Courts Opinion.
Secrecy is essential to the pro
cccdinss of a grand jury for many
reasons. Publicity may defeat
justice by warning offenders to
escape, to DESTROY evidence. or TO
tamper with witnesses. Even when
indictments have been found and
presented 10 the court. secrecy is
extended until those who have
been indicted have been arrested
ITO warn offenders that their
conduct is under investigation by
grand jury, that certain wit
ncsscs or documentary evidences
against them. are or will be be-
fore the grand jury. is especially
serious. when this warning is given
in a conspicuous and sensational
way by a newspaper of large cir
culation. Even when ii does not
lead to the flight OF an offender. il
may result in the disappearance
of witnesses and OF documentary
proof. and thus in the failure Of
the grand jury to secure evidence
sufficient for an Indictment"
Judge Brown cites nearly - rcfey
ences In his discussion of the case a.
supporting his contention. He dcnio,
| the Trihune's appeal for dismissal AM
| announced that he would hear the at
| torneys on the question OF punish
| mCnt
! Attorney Himself Gives Alarm.
[ In tho Ruite caSn hnMnNnr the Stnr.