The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1920-11-08
EXPLAIN
CERTAIN
ACTIONS
Federal Judge Wants to Know
Why Some Things Were
Done by Attorney
General.
IN COAL CONSPIRACY
Heart Of Governments Case Cut Out
by Instructions From Depart
ment Of Justice, Is
Claim.
IN COAL CONSPIRACY
BY Don E. Chamberlain. United

[By Don e. Chamberlain, United
Press Staff Correspondent
INDIANAPOLIS, Ind, Nov. S.-Ac-
tivities of the United States depart
ment of justice in the alleged sup
preston Of evidence in the case of
125 coal miners and operators charg-
ed with conspiracy to limit produc-
tion, were to be given close scrutiny
when trial Of the miners and opera
tors opened here today.
Attorney General A. Mitchell Pal
mer may be summoned here from
Washington to explain why certain
alleged facts were ordered eliminated
by him from the government s reAse.
These facts, it was said, have weak
ened the case to such an extent that
those in charge Of the proseeut' on
are expected to either seek a con-
tinuance when the case is called be-
or drop it entirely.
Investigation of Palmer's connec-
ton with the case, which was the out
growth of the soft coal miners strike
a year ago, was initiated by Judge
Anderson. Anderson's action was
taken, it was believed, as O. result OF
the resignation of Dan W. Simms,
of Lafayette, who had charge of the
governments case. Simms resigned,
it was said because of instructions
from Palmer regarding elimination
of certain evidence which he claimed
"cut the heart out Of the govern
ment's case"
C. B. Ames, former assistant attor-
ney general will represent Palmer
when the trial comes up this morn
ing.
Charles Evans Hughes, republican
candidate for president in 1916, IS
chief counsel for the indicted miners,
including John Lewis and Phil Muir
raw. president and vice president, re-
spectively, of the United Mine Work
ers of America. Frank G. DALEY,
indianapolis attorney, will defend the
operators. Hughes, Simms ana Daiiey
are expected to be quizzed by Ander-
son today regarding the governments $
connection with the case.
Move for Continuance.
INDIANAPOLIS, Ind, Nov. s.-Fed-
eraJ Judge A. B. Anderson TO-DAY starl.
Cd to investigate Attorney General
palmer's connection with the alleged
suppression of evidence in the case
of 125 coal miners and operators
charged with conspiracy to violate the
Lever law, when L. Fart Slack, spe-
cial assistant United States dlstrlct
attorney, moved for a continuance OF
tbe trial OF the operators and union
! officials at the opening of court To-Day
The attorney general, Slack SAD,
had written a letter which contained
! instructions to eliminate certain facts
which if carried out would practically
! nullify the governments case.
! In making the motion, Slack quoted
the following letter of october 1, 1920
from Attorney General Palmer to MS
special assistant, Dan w. Simms, al
| that time in charge Of the govern
menr's case:
! ..This is to remind you that the case
against the miners is to be based on
facts obtained after the Injunction
proceedings and is not to be based OF
/ facts obtained before the injunction
proceedings.
."This is in accordance with under
standing when ] was in Indianapolis.
! shortly after this Slack said Simms
resigned.
81 have written the attorney gen
eral asking him if interpret hl!
meaning correctly said Slack
"If l eliminate the facts IN you
letter it will practically nullify ou
case" Slack said he told Palmer.
Immediately upon the conclusion Q
Slacks speech, Judge Anderson MADE
the following statement:
! Here's an attorney general VINO
month before the trial writes to hi!
assistants telling them to eliminate
1.-The facts.
Lets investigate this"
4 He ordered that Simms, Slack AM
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