Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-11-09
|PALMER'S ORDERS
ASSA|LEDb BY JUDGE
Dangerously Near Contempt
of Court" Declares In
diana Court.

diana Court.
INDIANAPOLIS, November 3 (by the
Associated Press).-Attorney General
Palmer's orders limiting the govern
ments evidence to be used in the soft
coal conspiracy cases against 1zs
operators and miners in Indiana, ILL.,
nois. Ohio and western Pennsylvania
were criticised by Federal Judge An
derson in the United States district
court here yesterday as being
strangely close to the compromising
of a felony" and also dangerously
near contempt of court.
Trial of the cases was scheduled 20
begin today. but government counsei
said 1t was not ready to proceed. Be
fore granting the continuance asked
by the government counsel Judge
Anderson undertook an Investigation
of the Attorney Generals orders re
garding the cases, ending with his
criticism of Mr.. Palmer's conduct
Trial Set for January 10.
The court set next January 10 as the
date for calling thetrfals again. an
nouncing that the meantime will give
US time to get our bearings ana Al
least find out whether we are to gov
ern by law or by person. once Pc
fore the Judge had declared that MT.
Palmer's attitude in the cases was
that of personal government not
government by law"
The Attorney General was not pres
emit at the investigation. DIT y. D
Ames, former chief assistant TO MI
Palmer. explained that Mr. Palmers
orders had been misunderstood oy
government counsel. who's testify ns
at the investi gatiOn. said the orVeEo
positively nullified the prosecution.
Judge Anderson's statement re-
garding Mr.. Palmers conduct came
after hearing most Of the testimony
the court leading up to ms asS nathar
the Attorney General had authority
to agree not to use certain evidence
ut Is strangely near to the coin-
pounding Of felony" said Judge An.
derscn In this connection: am not
saying 1T is. am saying 1t IL strange
ly near It,.
Discussed Contempt Of Court.
Similarly the Judge discussed the
elements constituting contempt OF
court. his purpose being. he said to
see how dangerously near this gen
has got himself to a contempt
OF this court" 49,.
''The arm Of this court Is long, con-
y
known to reach farther than Wash
ington. I am not suggesting what
may or may not be done. Mr.. Palmer
Is the Attorney General. and there Is
q certain amount Of consideration
that am bound to pay to hts official
position If do not Pay 1t to him
himself"
After making these remarks Judge
Anderson called on District Attorney
Van Nuys to produce messages ex-
hanged with the Department OF Jus
lice about reopeping the conspiracy
her grand jury indictments. increas-
ng the list Of defendants One mes
,age. bearing the name Of Assistant
Attorney General Mitchell. said the
Attorney General has instructed me
% request that before seking indict-
he facts before this department" In I
this message, Judge Ander-
ION said it's effect was that this court
,annot proceed unless the Attorney !
General sees At to advise"
II am going to have it DONE" the !
Judge added, his remark apparently !
that the grand Jury soon to !
convene will reopen investigation of |
the conspiracy cases. u
Reason for ResignAttoA. w. i
In opening the investigation, Dan
". Sinms Of La Fayette. Ind. said
he resigned as special prosecutor in
the cases because, he said. the At
.orney Generals orders would pre-
vent use Of evidence that was the
basis Of the governments Injunction |
>ase last year against the coal strike. |
and the, later contempt proceedings
Tor alleged violation Of the courts
order directing cancellation of the
strike order Similar testimony was
given by l. Ert Slack. another spe-
.ial prosecutor, and by District At
torney Van Nuys.
Mr.. Ames. however. said Mr. Palmer
his orders to mean only
the elimination of evidence that was
the basis of the contempt proceed
ings. and pointed out that these pro-
ceedings were begun at a date later
than that covered by the alleged con-
spiracy. Mr.. Ames, also said that
the Attorney General has the right to
elect whether the government would
prosecute it's cases as civil or Grim
a civil proceeding in the strike. Mr..
palmer did not believe it fair to pro-
coed criminally after having OBJ
tanned the miners compliance with
the court order. Mr.. Ames also said
the : department had aaco-operated
in the prosecution
and had not interfered In any way
with the action of the governments
special counsel in the present con-
spiracy cases.
Testimony also was given during
the hearing that no agreement to
limit the governments evidence had
been made in Judge Anderson's pres
ence. In this connection the Judge
presented statements. Attrsputed 20
Mr.. Palmer saying such understand
ing had been made last December.