New-York tribune., 1920-11-09
Court Finds
1 alrlle1' Near
ToConte1n,pt
Judge Anderson Assails
Attorney Genera! for
Suppressing Evidence i'm
Soft Coal Strike Cases

INDIANAPOLIS, Nov. S.-Attorney
General Palmer's orders limiting the
governments evidence to be used in
the soft coal conspiracy cases against
126 operators and miners in Indiana,
Illinois, Ohio and Western Pennsylva-
Anderson in the United States Dis
trict Court here to-day. He said they
we're "strangely close to the compound
ing of felony" and also dangerously
near contempt Of court"
Trial of the cases was scheduled to
begin to-day, but government counsel
said 1t was not ready to proceed. Be
fore granting the continuance asked
by the government counsel, Judge An
derson undertook an investigation of
the Attorney Generals orders regard
ing the cases, ending with his criticism
OF Mr.. Palmer's conduct.
Govern by Law or by Person
The court set January 10 as the date
for calling the trials again, announc-
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.. Palraer's
attitude IN the cases was that of per
sonal government, not government by
law"
The Attorney General was not pres
ent at the investigation, but c: B
Ames, former chief assistant to Mr.
Palmer, explained that MIR Palmcr's
orders had been misunderstood by gov
ernment counsel, who, testifying al
the investigation, said the orders pos.
s!bly nulltied the prosecution.
Judge Anderson's statement regard
i.g Mr.. Palmers conduct came after
hearing most of the testimony, the
court leading up to this assertion with
4 series Of questions whether the At
torney General had authority to agree
not to use certain evidence.
Arm Of Court Is Long
THE arm of this court is long" said
Judge Anderson, "and has been known
to reach further than Washington. !
am not suggesting what may or may
rot be done. Mr. Palmer is the At
tcrney General and there is a certain
amount of consideration that | am
lound to pay to his official position if
/ do not pay it to him, himself"
After making these remarks, Judge
Anderson called on District Attorney
Van Nuys to produce messages ex-
changed with the Department of JUS
tice about reopening the conspiracy
cases, with the view of reporting fur
.her grand jury indictments, and in
creasing the li<t of defendants. One
message, bearing the name of Assistant
Attorney General Mitchell, said the
"Attorncy General has instructed me
to request that before seeking ndict-
,nents you should consult with and Law
t he facts before this department." In
terpreting this message, Judge Ander-
son said its effect was that this court
cannot proceed unless the Attorney
General sees fit to advise"
Grand Jury May Investigate
II am going to have it done" the
Judge added, his remark apparentlv
meaning that the grand jury soon to
convene will reopen investigation OF
the conspiracy cases.
In opening the investigation. Dan W.
Slmms, Of Lafayette, Ind, said he re-
signed as special prosecutor in the
cases because he said the Attorney
Generals orders would prevent use Of
evidence that was the basis of the
governments injunction case last wear
against the coal strike, and the later
contempt proceedings for alleged viola
ton OF the courts order. directing
cancellation of the strike order.
Similar testimony was given by l.. r.