Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-11-04
PALMER Invited TO
INQUIRY HE FACES
Judge Anderson Sets Date for
Hearing of Case Against
125 Coal Men.

INDIANAPOLIS, Ind. November A.
Attorney General Mitchell Palmer was
advised. in telegram from United
States District Judge A. b. Anderson
yesterday that an Investigation. Of the
Attorney Generals connection with
the case against 125 coal mine oper-
ators and miners would be made when
the case is called for, trial in the
federal court here on November 8.
Mr.. Palmer was invited to be present
on that date.
Judge Anderson assured the Attor-
ney General that the case Of the coal
miners and operators would be called
sn SS We 4s aats set. eitheYgh % date only
those western Pennsylvania who
veluntAtily surrendered are in the
31risdiction OF the Indiana distcict
sss14 JS:enI51kihd q
/ No indication ~ f6 fkx stooA er
nature of the tlSesti9ation to Be
Inade was given In the Telegram. but
~ yas believed Dan W. simms. special
would be called tor explain An alleged
proposal in regard to the evidence in
the case. said to have been made by
Mr.. Palmer. and which resulted in
Mr. Simms' withdrawal from the case.
District Attorney Fred Vannuys. for
mer District Attorney L Ert Slack.
and Department Of Justice agents
would also be- called.
Contents Of Telexram.
The telegram said: Judge Anderson
directs me to notify you that the case
against the soft coal operators and
miners. United States VS. Armstrong
Af n ho lad -
court at the time SGT. next Monday,
November 8, at which time an investi-
CATION will be made in open court Of
certain matters involving your connec-
tion with the case. This notice is Civ
en- so that you may be present if you
NOBLE CT BUTLER,
Clerk. U. 8. District Court"
Followed Simms' Resignation.
Judge Anderson's action was the re-
suit Of the Resignation on October 4 Of
Mr.. Simms. who WAS in charge Of the
prosecution Of the 125 miners and opera :
tors indicted March II last for violation
They were indicted by a special
grand jury convened by Judge Ander-
son December II. 1913, for the purpose
Of making an investigation Of the
bituminous fields last November and Of
any possible collusion between the
miners and operators in connection
with the strike.
Mr.. Simms' explanation Of his res
ignation was that Attorney General
the conduct Of the case that literally
cut the heart out of the case"
OiHerenee In Alleged.
The difference between the Attor-
ney General and Mr.. Simms is said to
have grown out of disagreement as
to the use of evidence in the case
against the miners and operators.
Following Mr.. Simms' resignation and
explanation. the Attorney General ex-
pressed surprise at his action and
said:
1.-The only thing can think Of in
the way of instructions in regard to
presentation of evidence is the un-
derstanding that was had when these
viously to that time Judge Anderson
had issued an injunction against the
strike Of the United Mine Workers
and afterward instituted contempt
proceedings against officials Of the
union for alleged violations Of his re-
straining order. The contempt pro-
ceedings were dropped after an un-
derstanding with the mine workers
and part Of this understanding was
that the evidence contained in the
bill OF equity on which the injunc-
tion was based should not be used
against the men.
- That agreement was reached and
was understood by Mr.. Simms, togeth-
er with L. Ert Slack. our special as
sistant In those cases. in the presence
OF Judge Anderson himself. I in
sisted that evidence in the strike in.
junction proceedings should not be
used against the men because It
would have had the effect of placing
them twice in jeopardy for the same
offense.
Mr. Siwms well understood that this
evidence was not to be used. There
is nothing new about that. can
hardly conceive that he Is resigning
because OF that. My idea is that he