The Barre daily times. (Barre, Vt.) 1897-1959, 1918-02-12
PACKERS MUST
SHOW BOOKS
Judge Lands Denies Motion to Quash the
Search Warrant Issued to Fed
eral Trade Commission.

Chicago, Feb. II. Judge lands, in the
United States district court yesterday,
denied motion to quash the search war.
rant issued to agents of the federal trade
commission last Tuesday, authorizing the
seizure OF books and papers alleged to
have been used in committing certain
felonies, from the vault OF Henry Needer,
general counsel for Swift & company. At
the same time the court held constitu
tional the search and seizure section of
the federal espionage act under which
the writ was issued.
Judge lands in his decision overruled
every objection TO the validity OF the
writ advanced by counsel for the packers
and upheld the government in its demand
TO search the Needer vault for evidence
wanted in the trade commission inquiry
into the packing industry
Counsel for Needer were prepared for
an unfavorable decision, and by series
of formal motions perfected the record in
the ease so that an immediate appeal
could be taken to the United States court
of appeals Upon the application for
writ of error to the upper court, Judge
Lands entered temporary order stay
ing further execution of the search war.
rant until II O'Clock this morning.
District Attorney Charles +. Clyne Wig
orously opposed the granting of the tenn
porary stay order and declared that the
government would demand an immediate
hearing on the appeal.
"The felonies complained of in the afli-
davit on which the search warrant was
issued have been committed continuously
since 1905 and are being carried on this
very hour in defiance of law, according to
our information and belief said District
Attorney Clyne in objecting to the enter
ing of the stay order, Delay will seri-
ously embsrrass the government in its
investigation of these charges.
Judge Lands held that the affidavit,
alleging that the papers sought had been
used for the commission of felonies, was
sufficient information to justify the
search warrant and that the papers
sought by the government had been ade-
quately described in the writ to meet the
demand of the law.
In emphasizing other points in his de
cision, Judge Landis said;
"The supreme court has decided that
the government may seize counterfeit
moulds, even when they are found in the
home of the maker and when they are to
be used against him in the prosecution OF
the case This is on the theory that the
moulds are outlaw property.
"These papers. which are alleged to
have been used in the commission of a
felony, are outlaw property in the same
sense.
"This section of the federal espionage
law which was passed to aid this country
in its war with Germany is not unconsti-
tutional if it is borne in mind that it
aims at guilty property and not innocent
1t is no more violation Of the
constitution to force the seizure of pa
pers and books used in the commission OF
!, felony than to force the seizure OF
counterfeit moulds.
"The point is urged that Needer cannot
De compelled by this process to give evil |
lenee against himself There is no aver
nent by him that these papers would |
.end to incriminate him and therefore |
hat question is not in this case now.
''It is also urged that the writ violates |
,he law of the land which forbids the dis |
,losure by lawyer of communications
10 him in his professional capacity by a |
,lient. Even though Veeder is lawyer, |
+ it is the fact that these documents |
we're used in the commission of felonles |
MS professional occupation would not en- |
title the offending corporations to have
lim hold them from this warrant. Ills
position would be the same as that of the |
corporation which he represents"
The court overruled the contention of |
yeeder that corporation could not be
guilty of felony, because corporation |
,ould not be imprisoned by declaring that |
lnder a human Interpretation of the law |
he men who committed the felony could |
,e punished
Judge Lands said that the |. w. W, !
,ase. in which % of the l66 members OF |
hat organization under Indictment de /
nand a return of the records and papers |
eized by the government in raids made |
asst September in various parts OF the |
ountrv. presented even more complicat-
d legal questions than those raised IN
he Veeder case, and he would give his |
Iecison at later date.
Il want the government TO answer sew
raj questions in regard to that case be
ore / rule on the motion before me,
Judge Lands said.