Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-02-12

tinously since 1905 and are being car
ried on this very hour in defiance of
law, according to our information ami
, belief" said District Attorney Clyne
in Directing to the entering Of the stay
order. Delay will seriously embarrass
the government in its investigation or
these charges"
Petition for Writ of Error
The moment Judge Lands had sign
ed the temporary stay order. counsel
for Veeder went before Judge Francis
l.. Baker, in the court of appeals. with
a petition for a writ of error and Il
. stay. Judge Baker received the petit
ton and said he would consider it a.
10 o'clock tomorrow morning. District
Attorney Clyne was ordered to be pres
ent when the petition is taken up.
In the meantime the Veeder vault is be-
ing guarded by deputy marshals and the
further search for evidence is indetf-
nitely held up pending ruling by the
upper court.
Judge Lands held that the affidavit al
legpg 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.
Papers Outlaw Property
In emphasizing other points in his de-
c!sion Judge Lands said:
1.-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 coun-
try in its war with Germany. is not un-
constitutional If it is borne in mind that
1t aims at guilty property and not inno-
cent property. 1t is no more a violation
of the Constitution to force the seizure of
papers and books used In the commission
of felony than to force the seizure of
counterfeit moulds.
The point is raised that Veeder cannot
be compelled by this process to give evil
dence against himself. There is no aver
ment by him that these papers would tend
to incriminate him. and therefore that
question Is not In this case now.
1t is also urged that the writ violates
the law of the land which forbds the
disclosure by lawyer of communications
to him in his professional capacity by
client. Even though Veeder is a LAWYER.
II 1t is the fact that these documents
were used in the commission of felonies
MS professional occupation would not en-
title the offending corporations to have
him hold them from this warrant. His
position would be the same as that of
the corporation which he represents"
The court overruled the contention OF
Veeder that a corporation could not be
guilty OF felony because a corporation
could not be imprisoned by declaring that
under human Interpretation Of the law
men who committed the felony could be
punished
Judge Lands said the !. W. w. case,
ir which 90 Of the 1866 members of that
organization under Indictment demand a
return of the records and papers seized
py the government IN raids made last
September In various parts of the coun-
try, represented even more complicated
legal questions than those raised in the
Veeder case and he would give his de-
cision at a later date.
Il want the government to answer sew.
erai questions in regard to that case be.
fore ] rule on the motion before me-"
Judge Lands said