Arizona republican., 1920-11-09
 JUDGE ANDERSON. SAYS ATTORNEY
 GENERAL PALMER EXCEEDED POWER

INDIANAPOLIS, Nov. s.-Attorney General Palmers 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 Pennsyl- vania were criticised by Federal Judge Anderson in the United States district court today as being Strangely near contempt of court"
 Trial of the cases was scheduled to said it was not ready to proceed. Be- fore granting the continuance asked by government counsel, Judge Ander- son undertook an investigation of the attorney generals orders regarding the cases, ending with his criticism of Mir. Palmers conduct.
 The court set next January 10 as the date for calling the trials again. an- nouncing 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 Mir. Palmer's 8 attitude in the cases was that of per sonal government. not government by law"
 The attorney general was not pres | ent at the meeting, but c. B. Ames, former assistant to MT. Palmer. ex- plained that MT. Palmer's orders had been misunderstood by government counsel who, testifying at the inves1- gation, said the orders possibly nulil- fled the proceedings.
 Tudge Anderson's statement as to MT. Palmer's conduct came after the hearing of most of the testimony, the court leading up to his assertion with a series of questions whether the at torney general had authority to agree not to use certain evidence. Ut is strangely near to the com pounding of a felony said Judge An derson in this connection. "I am not saving it is. I am saying 1t Is strange ly near it."
 Similarly the judge discussed the elements constituting contempt oi { court, his purpose being, he said, to t "see how dangerously near this gentle man has got himself to contempt oi this court.''
 3 "The arm of this court is long" con- tinued Judge Anderson fin this connec- 9 tion, land has been known to reacf r farther than Washington. I am no ' suggesting what may or may not b.
 done. Mir. Palmer is the attorney gen 1. eral and there is a certain amount O e consideration that I am bound to pa, : to his official position if I do not pa. F
 K it to him himself"
 After making these remarks, Judg' - Anderson called on District Attorne. |. Vannuys to produce messages ex changed with the department of jus e tice about reopening the consplrac, s cases. with the view of reporting fur !. ther grand jury indictments. tncreas ' ing the lists of defendants.
 One message bearing the name O a Assistant Attorney General Mitche ! said the attorney general has instruct | ed me to request that before seekln Y indictments you should consult wit h and lay the facts before this depart = ment." Interpreting this message, tn a judge said its effect was that thi " court cannot proceed unless the attor -e uey general sees fit to advise. ar Investiqation Will Proceed.
 T am going to have it done." tn
 judge added, This remark apparent
 meaning that the grand jury soon |
 convene will reopen investigation .. the conspiracy cases.
 st In opening the investigation, Da
 w. Simms, of La Fayette. Ind, sal sh he resigned as special prosecutor ie the cases because he said the attorne " generals order would prevent use ( e. evidence that was the basis of tf ie governments injunction case last yes "a. against the coal strike and the lat' TUT dlAcBC0 w
 lation of the courts order directir
 cancellation of the strike order. Sin
 liar testimony was given by L. E
 Slack, another special prosecutor ar
 by District Attorney Vannuys.
 MT. Ames, however. said MT. Palm
 interpreted his orders to mean on
 the elimination of evidence that W; the basis of the contempt proceeding " and pointed out that these proceeding \ were begun at date later thans tn ~ covered by the alleged conspiracy. M - Ames also said that the attorney gel
 eral has the right to elect whether t
 government would prosecute its cas
 as civil or criminal matters and tn
 having chosen a civil course in t
 strike MT. Ames did not believe it fs
 to proceed with criminal action in tf
 case. He also said that MT. Palm
 had not interfered in any way wi
 the action of the governments spec
 counsel in the present cases
 Testimony also was given duri
 the hearing that no agreement to lin
 the governments evidence had be 22 made in Judge Anderson's presnce o0l O-FAs-o-.n ~,~1 HArA