The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1920-11-10
JUDGE VOICES
SHARP CRITICISM
Anderson Finds Fault With Mitchell
Palmer-Coal Cases Again.

General IalneT ) oluelS lllllllIiS 'ie
governments evidesce to be used in
the soft coal conspiracy cases
against 1875 operators and miners in
Indiana. Illinois, Ohio and western
Pennsylvania were criticised by Fed
eral Judge Anderson in the United
States district court here today as
being strangely close to the COM
pounding of a felony" and also
dangerously near contempt of
court"
Trial of the cases was scheduled
to begin today, but government
counsel said it was not ready to pro-
ceed. Before granting the continu-
ance asked by the government coun-
sci, Judge Anderson undertook an
investigation of the attorney gener-
ais orders regarding the cases, end
ing with his criticism of Mr.. Palm
er's conduct.
The court set next January 10 as
the date for calling the trials again,
announcing 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 de-
clared that Mr.. Palmer's attitude in
the cases was that of personal gov
. ernment, not government by law"
Palmer Not Present
The attorney general was not
present at the investigation, but c.
3. Ames, former chief assistant to
Mr.. Palmer, explained that Mr.. Pal
mer's orders had been misunder-
stood by government counsel, who,
testifying at the investigation, said
the orders positively nullified the
prosecution.
Judge Anderson's statement re-
garding Mr.. Palmer's conduct came
after hearing most of the testimony
the court leading up to his assertion
with a series of questions whether
the attorney general had authority
to agree not to use certain evidence.
"It is strangely near to the COM
pounding of a felony" said Judge
Anderson in this connection. 81 am
not saying it is. I am saying it is
strangely near it."
Similarly the judge discussed the
elements constituting contempt of
court, his purpose being, he said, to
'see how dangerously near this gen.
tleman has got himself to contempt
of this court"
"The arm of this court is long,
Judge Anderson said, "and has been
known to reach farther than Wash
ington. am not suggesting what
may or may not be done. Mr.. Palm
er is the attorney general and
there is a certain amount of consid-
Grafton that I am bound to pay to
his official position if I do not pay
, it to him himself"
In opening the investigation, Dan
W. ,Simms of Lafayette, Ind, said
he resigned as special prosecutor in
the cases because he said the attor-
ney generals orders would prevent
use of evidence, that was the basis
of the governments injunction case
last year against the coal strike, and
the later contempt proceedings for
alleged violation of che courts Or
der, directing cancellation of the
strike order. Similar testimony was
given by L. Ert Slack. another spec
ial prosecutor, and by District At
torney Van Nuis.
Orders Not Understood
Mr.. Ames, however, said Mr.. Pal
mer interpreted his orders to mean
only the elimination of evidence
that was the basis of the contempt
proceedings and pointed out that
these proceedings were begun at
date later than that covered by the
alleged conspiracy. Mr.. Ames also
said that the attorney general has
the right to elect whether the gov
ernment would prosecute its cases as
civil or criminal matters, and that
having chosen a civil proceedings in