Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-04-05
VAN NUYS SAYS
OPERATORS IN
FEAR OF TRIAL
Action Fighting Removal on
Coal Indictments Viewed
as Cowardice.
ATTACK PROSECUTION

This is only part Of a premeditated
and preconcerted scheme for delaying
the prosecution Of this case" said Fred
erick Van Nuys, United States District
Attorney, today, after he had read the
bin Of complaint filed last week by the
National Coal Association in the Supreme
Court of the District Of Columbia. This
complaint asked that officials Of the
United States Government be restrained
from serving upon the association or any
Of its representatives any process requir-
ing them to appear before the Federal
Court here In answer to charges of vio-
lating the Sherman antitrust law for
which 226 coal operators, miners, union
officials, companies and associations were
indicted by the Federal grand jury in
February.
These defendants are duly and legally
charged by indictment with violation OF
the Federal criminal statute" Mr.. Van
Nuys continued. THE continued evidence
Of diIatory tactics upon the part of these
nonresident defendants appeals 10 me as
having originated out OF fear to stand
and meet the charges in the same frank
and fearless manner In which they were
presented by the Government. 1t is due
the general public and the Department
Of Justice that these cases be adjudicated
and the innocence or guilt of the de-
PENDANTS be fully and finally determined" :"
! COMPLAINT STRESSES
LOYALTY IN WAR.
The bill Of complaint is a lengthy one
containing forty three pages of printed
matter. and 1t shows a marked aversion
Of the National Coal Association to fac
/ ing the music before Judge Anderson. 1t
also paints 4 touching picture OF the
loyalty and devotion OF the entire coal
industry to the United States Govern
ment during the days Of the war.
There is q picture drawn OF the ''un-
warranted attacks made upon the en-
tire industry by Mr.. Van Nuys; Dan
Simms, assistant to the Attorney General
for the investigation of these cases. and
L. Ert Slack, special assistant to the At
torney General. An attempt is made to
show that these three combined in an
unwarranted attack on the entire coal In
dustry of the United States with the in
tention of wrecking 1t as at present con
stituted.
In pursuance of this plan the complaint
alleges that Mr.. Van Nuys deliberately
violated certain orders OF Attorney Gen
eral Palmer ordering him not to go
ahead with any Investigations or tndict-
ments until after a conference. 1t takes
the form of asserting that many Of the
acts complained of in the indictments
were done by the operators and associa-
tlons with the direct approval Of Govern
ment officials
TO FIGHT TO
LAST DITCH.
Through It all one thing stands out
clearly and that is marked determina
tion of the National Coal Association and
its representatives to fight removal pro-
ceedings to Indianapolis to the last
ditch.
The case has been set for hearing at
Washington April 16. 1t is not known
whether MIR. Slack will be called to Wash
'ngton to take part in the Governments
case, as he has received no word from
the office of Attorney General Daugherty.
The following defendants are named In
the complaint: Harry NJ Daugherty, At
torney General Of the United States Guy
d. GOT, assistant to the Attorney Gen-
eral Mr.. Slack, Mr.. Van Nuys, Mark
Storen, United States Marshal for the
district of Indiana, and the marshals and
United States attorneys of every district
in which any of the defendants live.