New-York tribune., 1920-11-05
Palmer Called
In Inquiry Into
Miners Cases
Court Invites the Attorney
General to Explain Some
Matters in Indianapolis
Conspiracy Prosecutions
Ordered Evidence Barred
Action Led to Resignation
of Simms as Prosecutor;
Trials TO Begin Monday

INDIANAPOLIS, Nov. 4.-Investira-
ton involving Attorney General Pal
mems connection with the consiracv
case of 12S coal operators and miners
will be made by Judge A. B. Anderson
in the Federal District Court hero
next Monday, the date set for begin
ming the trial, according to a notice
sent the Attorney General to-day by
court officials.
Judge Anderson declined to discuss
the notice, which said certain matters
would be inquired into, but it was un-
derstood that the Attorney General
had been invited to court because of
his orders that evidence. which was
presented last summer when the min
ers and operators were indicted for
violation of the Lever act, should not
be submitted at the conspiracy trial.
These orders, the Attorney General
has said, confirmed with an agree
ment made during the coal strike last
year in Judge Anderson's presence.
Dan W. Simms, who resigned as Special
Assistant Attorney General in charge
Of the conspiracy case, has said that
the Attorney Generals order "cut the
heart out Of the case"
Others Will Be Called
It is expected that United States
District Attorney Fred Vannuys, cx-
District Attorney L. Ert Slack and De-
partment of Justice agents also will
be called.
Court officials also declined to say
whether the government will be ready
% proceed with the trial next Monday.
Indications were that a continuance
would be asked because most of the
defendants have not been brought
within the jurisdiction of Judge An
dcrson's court. These defendants in
clude operators and miners in Ohio,
Pennsylvania, West Virginia and Hi
rols
WASHINGTON, Nov. 4.-On receipt
Of Judge Anderson's telegram to-day
Attorney General Palmer Immediately
went into conference with c. B. Ames,
former Assistant Attorney General,
Il
Indianapolis in the original cases al the
time of the sof. .oal strike.
After the conference, which lasted
two hours. he said:
Il am at a loss to know what Judge
Anderson is proposing to investigate
NJ connection with this case has been
simply and only the connection of the
Attorney General with any government
case
Palme- Reviews Records.
The Attorney General said he had re-
viewed the entire record of the cases
IN Question with MIR. Ames, but tina,
they had shed no light on the matter.
Mr.. Palmer had not determined to-
night whether he would 60 to Indian
apohs in response to Judge Anderson's
invitation. It was indicated, how
ever that Mr.. Ames probably would be
present at the inquiry in the capacity
OF special representative Of the De
parta,rt Of Justice, as he was said to
be familiar with all questions pertain
ING 70 Il coal cases as we'll as With
MI faiiAer's own views.
NAlle some officials thought it pos
shie that further action by Judge An
derson might warrant the Attorney
General in making public statement
V- "'H POS4V4Oil OH al phases OF the
proceedings, the opinion was expressed
that unless the judge himself threw
additional light on the proposed in
qury Mr.. Palmer would remain silent
tphods Position on Evidence
Although in no way connecting the
SiNms controversy with matters to be
llnves'gated by Judge Anderson, Mr..
'aim1r maintained that his position
VITA respect to using the coal CON
saracy evidence second time was
ne only right and proper position
TO take. He was represented as feel
lns that to use the evidence in the
forthcoming case would amount sub
seantally to placing the defendants
t"iee in jeopardy.
Compliance OF the miners and opera
tors with the injunction mandate of
'Ae court settled that phase of the pro-
ceedngs, Mr.. Palmer was said to hold,
and TINS prompted him to instruct Mr.
Siams to exclude such evidence from
iae second prosecution
officials admitted their expectation
'Aat Judge Anderson would call for in
PRODUCTION of this evidence, but the
oMclals reiterated that the government
would not employ the information as a
part Of its case.