The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-11-08
j. s. ATTORNEY
|SDANGEROUSLY
NEARCONTEMPT
Judge Hears Facts Re-
garding Excluding
Of Evidence

Trial OF the soft coal conspiracy caaea
against i25 operators and miners IN
Indiana, Illinois, Ohio and Western
Pennsylyania, was continued today
until January 10 BY federal Judge a.
b. Anderson.
When the casea were called FOR
trial today. government counsels said
It was rot ready to proceed and Judge
Anderson Immediately undertook
an investigation OF Attorney General
Palmer'a connection with them, effort
being made 10 learn what orders tho
attorney general had given regarding
the scope OF the governments evi-
dence.
In setting January 10 as the dato
Tor u, trials Judge Anderson de-
clnred that meanwhile he would Eat
least lind out whether we are gov
erncd by law or by perron." His re-
mark was intended apparently to ap~
ply - Mr.. Palmer, whose actions. tho
judge also asserted. were strangely
close 20 the compoundirSi or folony,'
and dangerously near contempt OF
court"
To Reopen Inquiry
II was also indicated that the fed
eral grand jury would reopen its in
ves,isation into the coal conspiracy
cases.
After District Attorney van Nuyn
had read an exchange OF kilograms
between himself and the department
OF Justice relating 10 further investi-
cations. the Judge announced that
the grand jury soon 10 be called
would receive Instructions regarding
reopenihg OF the cases.
Attorney General PalLiers orders
~ n HnI A.. L.. -.
soft coal conspiracy cases against
~ operators and miners In Indiana.
Illinois, Ohio and western Ponnsyl-
vania, were interpreted ha possibly
nuilifying the governments case by
attorneys for the government in tho
case, testifying today before Judge
Anderson In the federal dintrict court
] here.
G. b. Ames. former chlof assistant
attorney general, appearing as a
friend OF Mr.. Palmer, however. de-
clared that the attorney generals in
structions had been misunderstood
generally. and that evidence he or
dered excluded was that relating for
a period OF time not covered by the
conspiracy indictment.
Can He "Ifam String" Case
In starting an Investigation OF the
attorney generals orders. Judge An
dcrson declared his purpose was TO
find out whether the attorney gem
eral can ham-string case In this
court" The court also questioned
whether Mr.. Palmer haG any legal
authority TO order the elimination OF
any evidence which the government
counsel might desire to uao. He also
announced that the governments
motion 70 continue the trials indefi-
nitely would be granted by him.
Dan w. Simms OF lafayette, Indi-
ana, who resigned as chief prosecutor
i OF the cases said In court that hia
resignation was due to nv palmera
orders. He' produced q letter from
MIR Palmer which said that the coal
/ cases were to be based upon acts oc-
| curing before or Subsequent to this
INJUNCTION or contempt proceedings.
and is not based upon the facts which
| led tn those proceedings" which we're
a part OF the gOvornment'a fight laae
year to break the soft coal strike.
Mr.. Palmers letter added that his
Instructions were in Accordance with
our understanding at the ttme, but
Mfr. Simma declared that no agree
ment OF any sort relating 10 suppress
sion OF the evidence had heen made
by him or other attorneys for the
government.
Later. Mr.. Ames Interpreting MIR.
Palmer's letter, said the attorney
general intended only to give instruc-
tions regarding the contempt cases.
and added that "inadvertent' use %
language caused different. interpie-
tation TO be made hy Air. simms and
associated counsel.
Lawyers Questioned
Mr.. Auies declared that Mr.. Palmer
believed he had the. right 40 elect
whether 20 prosecute court actions
AZ the time OF the coal strike as civil
or criminal Gases and having chcson
to act ON the civii side that ne also
should net attempt criminal prosecu-
tlons.
"po You understand that the At
torney general has the right to issue
pardons In advance asked Judge
Anderson.
u understand that the attorney
general has the right not TO p7oaecute
these miners for the strike.
Asked why the attorney general
Gid not want evidence that WAS the
basis for the contempt proceedings
used IA the present cases. Mr. Arncs
aaid that this was because the miners
submitted 20 Judge Andsrsona order
directing cancellation o. the strike
order last year This was chalianotd
by Judge Anderson, who asserted tho
miners "fiouted' bis order hut sub
miited to negotiationn with Air'
Here are two armies. coutsruca
the judge, referring 10 the casea eTho
goneral OF one agrees 70 hold h0
strongc1l divisions Can ho % tn
tic may. huk ne would be court aar.
tailed II ho did
Mr. SiminA T. Ers Stack. a11tta
prosecutor, and aislfiet attorney van
Nnuys testified 3not no aaaeemtni ,df
tho supervision 4f eng evidence Hae
made last yea4 with attorney EcnaIAI
lCoq.lHnen 81 nase sFe