Evening star., 1923-10-30
COAL MEN CLEARED,
AS JUSTICE RULES
JUROR IN j. S.PAY
Eleven 1921 Indictments
Lifted by Decision-Gordon
Will File Appeal.

Justice Hoehling of the District
Supreme Court today sustained the
plea in abatement filed by the eleven
coal merchants who were indicted in
March. 1921, for alleged conspiracy to
violate the Sherman antitrust law
through restraint of the trade and
commerce In coal in Washington. The
court accordingly quashed the indict-
ment and discharged the accused
Justice Hoehling held that a per-
son receiving disability compensation
from the government is in the en-
ploye of the United States and az
such is disqualified for service either
on petit or a grand jury The de-
PENDANTS had based their plea in
abatement on the fact that George
H. Van Kirk, a member of the grand
jury which reported the Indictment
was in receipt of a monthly allowance
for disability from the United States.
Gordon to Appeal.
United States Attorney Gordon. who
had opposed the plea in abatement on
the ground that the receipt of compen-
sation does not make a person an en-
ploye of the United States and does not
prevent his serving on a jury, will seek
a special appeal from the District Court
OF Appeals In the hope of reversing the
finding Of Justice Hoehirns. Attorneys
Leon Tobriner. E. c. Brandenburg and
John Lewis Smith represented the coal
men.
A complete resume of the jury sys-
tenn, from the AssiZe of Clarendon, in
1166, down to the present day, is incor-
porated in the opinion of Justice
Hoehling. The decision of the court Is
also based on the Crawford case, in the
United States Supreme Court, where a
druggist. who had postal substation in
his store was held to. be disqualified to
sit on petit jury in a criminal case.
Charged Against Payee.
Under an agreed statement of facts
1t was shown that when Van Kirk
received his pay of $165 for grand
jury service the entire amount was
charged against him by the disability
compensation commission, and the
juror died still owing the government
s1s as result OF, this deduction.
Having in mind the facts" said
Justice Hoehling in his opinion, that
the grand juror. Van Kirk, was an
employe of the United States and as
such was awarded a monthly COM
pensation under the provisions Of the
federal compensation act and from
thence forward to the extent at least
by the United States; that the latter
reserved the right to itself Of reim-
bursement from his earnings and also
reserved the right at any time of it's
own motion or on application to re-
view the award and on such review
to end, diminish or increase the COM
pensation previously awarded, can It
be seriously contended that the Juror
named had freedom of mind, or that
he stood Indifferent as he stood un-
sworn, or that his membership on
the panel was favorable to an i'm
partial jury?
Fairness OF System.
Suppose many or all of the grand
jurors sustained the same or similar
relations to the United States, or sup
pose one, number, or all the trial
jurors in a criminal case sustained
such relations to the United States. is
it conceivable that such situation
either as to the grand or the petit jury
would in the least conduce to respect
for or belief in the fairness of the
system Of trial by jury?
Those relieved of the indictment by
the decision of Justice HoehIing are:
Ward w. Griffith, Morris E. Marlow,
Samuel M. Frazier, l.. Evans White.
Otto G. Raymond, Johnston r. Zim-
norman, j. Edward Chapman, Leon
ard p. Steuart, Guy T. Steuart, May
nard c. Burrell and William F. Hum
mer.