The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1917-11-04
HUNTING DUCKS WITH \
BRASS RAND.

We invite the serious attention
Of our readers and especially Of
Senator Walsh, TO the news col
umns Of this issue Of the MlsSoul-
ian in which is revealed 4 most
scandalous procedure on the part
Of United States District Attor-
ney Burton X. Wheeler We ask
all citizens interested IN The vel
fare of Montana to analyze and
digest the facts as submitted. and
then to decide whether the most
important office in The common-
wealth in time of war should re-
main in the hands Of a man whose
incompetcncy is shown III form
that should be plain to kinder
garten pupil. And. if i doubt lIli-
gers. we ask the reader TO i'll turn
submit the facts to a lawyer
friend and accept his judgment As
to whether Mr.. Wheeler i, not
guilty of q monstruus violation 81
the rules and ethics Of his office.
At the outset, we may empha-
size the Importance that ) at
tachcd to all proceedings Of i
Grand Jury. Indeed. that IS aNlo-
matte. As Justice Brown OF the
United States court IN recent
decision puts il, ''publlclly may
defeat Justice by warning Offend
crs to escape. to destroy evidence,
or to tampcr With witnesses. 10
warn offenders that their conduct
is under investigation by q grand
Jury. that certain witnesses or
documentary evidence agaln>t
them are or will be before the
grand jury, is especially serious
when this warning is given in 4
conspicuous and sensational way
by q newspaper Of large ciretlla-
ton. Even when it does not lead
to the flight Of an offender. u may
result in The disappearance of
witnesses and Of documentary
proof. and thus in the failure OF
grand jury to secure evidence
sufficient for an Indictment
For violation of that law news
papers have been summoned to
court for contempt and punished
heavily and men have been sent
to Jail.
But suppose that the presccut-
ing attorney announced publicly
through the newspapers Of his
intention to conduct grand jury
investigation OF certain viola
ton of the law?
Suppose that he said publicly IN
this way that he was searching
for responsibility for IA certain
crime, and that upon discovery
Of the guilty one he would begin
prosecution?
What then would you say
would be the procedure OF The
man under suspicion having reae
in the newspaper that the prose
cutting attorney was about to M
yestigatc a crime OF which ht
was guilty? Would you be sur
prised II he departed for part
unknown? Would anybody bat
scatterbraln do otherwise?
Now all these things happened
in Butte. in the manner and or
der indicated. Wheeler, with
ing under the burning and who'll
Unsuitable criticism Of his colldnf
in office. ran to a newspaper NIL
the announcement that When n
found The man responsible 1ur
seditious and lncendlary artlel'
in the Strike Bulletin, he Wnll'
prosecute him under the cspIon
age act. More amazing yet Their
was printed list Of names Of Wit
nesses to be subpoenaed. All o
this. please remember, before Tia
indictment Was returned. Tina
"uS On IIiidN, w WV ~. dii'
the following day George Il
Tompkins, whose indictment 10
this very crime was announce
later disappeared. The fact tina
Tompkins returned Nolnntarll,
after the authorities had searched
for him in vain in no wise It.,
sens the offen>c of Wheeler.
As mindreading Is not umun
our gifts, We are unable to dis
close Mr.. Wheelcr's motives i
this altogether shameful and out
rageous proceeding. Ditfercn
people would attribute dilicrcn
motives. The one outstandin
feature in this added proof tha
Mr.. Wheeler has shown hlm>cl
an unsafe, incompetent and harm
ful prosecutor, and by his ON
act has furnished evidence thi
his services should be dispense
with without delay. We look |
4