The Hartford republican. (Hartford, Ky.) 18??-1926, 1920-11-12
VOL. XXXIII
GENERAL PALMER
CENSURED BY JURIST
Official Came Dangerously
Near To Compromising
Felony


ney General Palmer's order limit
ing the governments evidence to be
used in the soft coal conspiracy cases
against 1875 operators and miners in
indiana, Illinois, Ohio and Western
PENNSYLVANIA, were criticized by Fed
eral Judge Anderson in the United
States District Court here today as
being strangely close to the com
pounding a felony" and also dan
gerously near contempt of court"
Trial of the cases was scheduled to
begin today but government counsel
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 MIR. Palmer's conduct
The court set next January 20 as
the date for calling the trials again,
announcing that the meantime will
give us time to get our bearings and
at least find out whether we are to
govern by law or by person." Once
before the judge had declared that
Mr.. Palmer's attitude in the cases was
that Of personal government, not gov
eminent by law"
The attorney general was not pres
~. decentralization hnf q
Ames, former chief assistant to Mr..
Palmer, explained that Mr.. Palmer's
orders had been misunderstood by
government counsel, who, testifying
at the investigation, said the orders
possibly nulhfied the prosecution.
= Nearly In Contempt.
Judge Anderson's statement re-
gardihg MIR. Palmer's conduct came,
after hearing most OF the testimony.
the court leading up to his assertion
with teries of questions whether the
Tiorney general had authority to
agree not to use certain evidence.
'It is strangely near to the COM
pounding Of felony" said Judge An
derson in this connection. II am not
saying it is. | am saying it is strange
ly near it,"
Similarly the judge discussed the
elements constituting contempt Of
court. his purpose being, he said, to
see how dangerously near this gem
tleman has got himself to a contempt
of this court"
1.-THE arm OF this court is long, "
continued Judge Anderson in this
connection, 'and has been known to
reach farther than Washington,
am not suggesting what may or may
not be done. Mr.. Palmer is the at
torney general, and there is a GER
tain amount of consideration that
am bound to pay to his official posi-
ton il do not pay 1t to him, him
self"
After making these remarks Judge
anderson called on District Attorney
Van Mugs to produce messages ex-
changed with the Department of JUS
tice about reopening the conspiracy
cases, with the view of reporting fur
Their grand jury indictments, increas-
4ng the list of defendants. One
message bearing the name of Assist
ant Attorney General Mitchell said
the attorney general has instructed
me to request that before seeking in
dictments you should consult with
and lay the facts before this depart
ment." Interpreting this message,
Judge Anderson said it's effect was
'that this court can not proceed un-
less the attorney general sees fit to
advise"
81 am going to have 1t DONE" the
Judge added, his remark apparently
meaning that the grand jury soon to
convene will reopen investigation OF
the conspiracy cases.
In opening the investigation, Dan
w. Simms, of Lafayette, Ind, said he
resigned as special prosecutor in the
cases because he said the attorney
generals order would prevent use OF
evidence that was the basis OF the
governments injunction case last
year against the coal strike, and the
later contempt proceedings for alleg-
q violation of the courts order d.
recting cancellation of the strike or
der. Similar testimony was given by
L. Ert Slack. another special prose-
cutor, and by District Attorney Van
Mugs - ~.
Mr.. Ames said, however, and Mr.
Palmer interpreted his orders to