The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1920-05-26
Federal Judge Anderson
Quashes Eighteen Counts
Against Miners and Op-
orators in Indiana.
LAW UNCONSTITUTIONAL
Miners Strike Declared illegal by In
junction, But Now Lever Law
is Knocked
Out.

il United Press Leased wire SerVlce1 J
INDIANAPOLIS, Ind, May 26.--
Declaring sections four and twenty
six of the Lever law unconstitutional,
Federal Judge A. B. Anderson today
sustained a motion to 'quash thirteen
of the eighteen counts in the indlc;-
ment charging 125 coal miners and
operators with violation of this law.
The court upheld the constitution
ality of section nine of the law, how
ever. and overruled motion to
quash the five counts returned under
it.
Under Judge Anderson's ruling the
cases will not be dismissed, but a
majority Of the eighteen counts viii
not be pressed.
Section nine specifically upheld by
Judge Anderson, and on which five
| of the counts we're based forbade
calling of strikes among mine work.
iers and closing down mines.
Section four held unconstitutional
by Judge Anderson, prohibits the
charging Of unjust or excessive rates
and prices. This section was added
to the law last summer in an amend
ment framed by Attorney General
Palmer.
Section 26. prohibits combinations
formed to limit supplies in necessi'
ties of life. Farmers, however, and
farm cooperative societies are ex-
icepted from the action Of this sec
ton
Section nine deals broadly with
conspiracy to limit production Of
necessities. Sections four and twenty
six are similar. but the court held
these TO be discriminatory and
void"
The courts opinion was that sec
Itions four and twenty-six were ere
Ipugnant to the due process clause q
the fifth amendment" to the consti-
tuition It held, however. that sec
tion nine did not contain any of the
words discriminatory, unfair, decep-
tive. wasteful, unjust unreasonable
or excessive" and therefore was not
void.
Section was held sufficient be.
cause there was no penalty pro-
vded for it. The penalty under sec
ton 9 is not more than $4,000 fine
and not more than two years imprfs-
onment. or both. Section 26 applies
to certain classes, the court held,
and is therefore class legislation.
ours is a government of law, not
men" Judge Anderson said, when
his ruling referred to section &c,
which excerpts farmers and other
classes from its provisions.
The motion to quash was filed by
Charles Evans Hughes as chief coun-
, sci for The miners from Indiana and
Pennsylvania who were named in
the Indictment. The defendant
miners from Illinois and Ohio did
not appear in court pending the out
come of the motion, and the opera
! tors from Illinois. Ohio and Pennsyl-
vania are contesting removal pro-
ceedings.
The courts ruling, although it ap'
plies directly only to the Indiana and
PENNSYLVANIA miners, has a direct
bearing on all the cases being tried
under the indictment.
The indictment grew out of a fed
eral grand jury probe of the coal
industry which extended back to the
time when the United States entered
the war.
Lever Law Unconstitutional.
INDIANAPOLIS, Ind, May '26.-
Federal Judge "A. ID. AHuei SoA toudy
held the Lever law to be unconsti
tutionaL.
The ruling was in the case of the
coal operators and miners indicted
in connection with the recent nation
wide coal strike.
Those indicted include miners and
operators in Indiana, Illinois, Penn
sylvana and Ohio.
In declaring the Lever act uncon
| stitutional, Judge Anderson sustained
the motion of Charles Evans Hughes
to uuash part Of the indictment
gainst Indiana Sand Pennsylvania
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