New-York tribune., 1918-02-12
WARRANT to Search Vault Of
Packers Counsel Is
Lawful
Part of Espionage
Act Is Sustained
Prosecutor, Charging Eel
ony, Opposes Delay by
Appeal


CHICAGO, Feb. 11.-Judge Lands in
the United States District Court to-day
denied motion to quash the search
warrant issued to agents OF the req
eral Trade Commission last Tuesday
authorizing the seizure OF books ana
Dapcrs alleged to have been used in com
hitting certain felonies from the vault
Of Henry Veeder, general counsel for
Swift e. Co. At the same time the
court held constitutional the search
and seizure section of the Federal es-
nionage act. under which the writ was
issued.
Judge Lands, in his decision. over
ruled every objection to the validity OF
the writ advanced by counsel for the
packers and upheld the government in
its demand to search the Veeder vault
for evidence wanted in the trade COM
mission inquiry into the packing in
dustry.
Upon the application for writ oe
error to the United States Court of
Appeals, Judge Landis entered a tenn
porary order staying further execution
of the search warrant until IL o'clock
tomorrow morning.
Prosecutor Opposes Stay
District Attorney Charles F. Clyne
vigorously opposed the granting OF the
temporary stay order.
"The felon:es complained Of ir the
affidavit on which the search warrant
was issued have been committed con-
tinuousiy since 1905 and are being car
ried on this very hour in defiance of
law. according to our information and
belief" said District Attorney Clyne.
Delay will seriously embarrass the
government in its investigator OF these
charges"
The moment Judge Lands had signed
the temporary stay order, counsel for
Veeder went before Judge Francis E.
Baker in the United States Circuit
Court of Appeals with petition for
n writ of error and a stay. Judge Ba-
ker said he would consider it at 10
O'clock tomorrow morning.
In the mean time the Veeder vault
is being guarded by Deputy United
States Marshals and the further search
for evidence is indefinitely held up
pending a ruling by the upper court.
Judge Lands in his decision held
that the affidavit, alleging that the pa
rers sought had been used for the COM
mission of feionieS. was sufficient IN
formation to justify the issuance of
the search warrant.
Points in Courts Decision
In emphasizing other points in his
decision, Judge Lands said:
"The Supreme Court has decided that
tho government NAV SniZo cOupt rf IL
moulds, even when they are found in
the home Of the maker and when they
are to be used against him in the prose-
cution of the case. This is on the
theory that the moulds are outlaw prop
erty These papers, which are alleged
to have been used in the commission
of felony are outlaw property in the
same sense.
"This section of the Federal espion-
country in its war with Germany is
not unconstitutional if it is borne in
mind that it aims at guilty property
and not innocent property.
"The point is urged that Veeder can
not be compelled by this process to
give evidence against himself. There
IS no averment by him that these pa
oers would tend to incriminate him,
and therefore that question is not in
this case now.'
Cooperation Plea Denied
The court overruled the contention
of Veeder that a corporation could not
be guilty of felony because a cor
noration could not be imprisoned, by
declaring that under a human inter
probation of the law the men who COM
mitted the felony could be punished.
Judge Lands said the Industrial
Workers of the World case. in which
80 of the 1876 members Of that organi-
zation under Indictment demand a re-
turn Of the records and papers seized
by the government in raids made last
September, presented even more compli-
rated legal questions than those raised
IN the Veeder case, and he would give
his decision at later date.