Evening star., 1938-01-25
JACKSON ADMITS
US|NGCOMPULS|0N
IN CONSENT CASES
Justice Department Forced
to Resort to 1t, He Says
at Geiger Hearing.
MATTER BEFORE JURY
is SUBJECT DISCUSSED
Suggestion Any U. S. officials
Negotiations in Such Instances
Are Improper Is Made.
By JOHN H. CLINE.

ment of Justice in some cases use
"compulsion" to secure consent de
erees in antitrust proceedings wa!
made today by Assistant Attorne,
General Robert H. jackson.
This admission was made as thu
House Judiciary Committee opened ar
investigation of charges by the depart.
r'ent that Federal Judge Ferdinand A
Geiger of Wisconsin had obstructee
justice by dismissing grand jury con.
quoting antitrust proceedings agains
several automobile finance companies
Judge Gieger, who dismissed the
grand jury last November after de.
claring the department had acted i'm
properly in the proceedings, was not
present as the hearing began.
Mr. Jackson, believed to be the
, Presidents choice as Solicitor Gen
eral. was criticized sharply by severa
members of the committee, but gave as
good as he took
After it had been suggested it was
improper for a Department of Justice
official to negotiate for a consent de.
cree covering subject matter before 6
grand jury, Mr.. Jackson replied:
Let's be clear on that. l am quite
confident We would never get consent
DEGREES if it were not for our right te
go before the grand jury"
I'm other words" said Representa-
tive ToWey, Democrat. of New Jersev
"you use compulsion?"
Yes replied Mr. jackson. Other
wise, We could never get consent de-
cress against the big companies. They
don't fear a civil suit as they have
nothing to lose by taking their chances
before judge
Denies 1t Is Third Degree"
I'm other words" observed Repre-
sentative Michener, Republican. of
Michigan, you use an amplified third
degree
Mr.. jackson denied that and said
he wanted to ascertain whether the
committee disapproved of the practice
He added the department would not
have to use such tactics if it had power
under the antitrust laws to compel
testimony from prospective defendants
in civil cases
After asserting there is "a great
deaf not yet in the record against
Judge Geiger, Mr.. Jackson added:
We've had great deal of diff
Guilty in that district We have even
had indictments dismissed after de-
PENDANTS had pleaded guilty
But" he added, we will not seek
any consent DEGREES IN the future if
this committee doesn't want them"
What" interrupted Committee
Chairman Summers sharply, has this
committee got to do with it?"
Deplores Coercion"
Benjamin Poss, chairman of the
Wisconsin State Bar Association, said
he was "astounded to hear from the
lips of an Assistant Attorney General
the assertions it is proper for the Gov
ernment to use the threat of criminal
proceedings to coerce a prospective
civil defendant
Mr.. Poss said it would be proper to
seek civil decree after indictments
had been returned, but not while they
were pending. The effect of Mr.. Jack
sons statement to the committee was
that it was impossible for the Justice
Department to enforce adequately the
antitrust laws in civil proceedings
unless it could use the threat of GRIM
inal prosecution to obtain information
from prospective defendants.
Then" inquired Representative
Michener, you are pleading confess
sion and avoidance"
mo" retorted Mr. Jackson hotly.
Several members of the committee
then asked how the department had
access to information from the sup
posedly secret proceedings before
grand jury.
Mr.. Jackson said the department
could get it from its representative be-
fore the grand jury.
Representative Robinson, Repub-
lican. of Kentucky, said he wanted to
know whether Mr.. Jackson contended
the Judge had acted corruptly or in
good faith.
If it is not your contention that
he acted corruptly." he said, Il don't
believe he should be punished"
Mr.. Jackson said he was not asking
that the judge be punished" but
wanted to present to the committee
the course of conduct" the Judge had
followed and to cite some instances
throwing light on the temperament
of the jurist
In that connection, he said, Judge
Geiger once continued an emblezzle-
ment case for two six-month periods,
and then dismissed the indictment, al
though the defendant had pleaded
guilty to it. He added that the con-
tinuances were given in the face of
criticism of the senior circuit Judge
in that area.
Briefs Submitted.
Representative Michener then asked
If, in fact, he didn't want the COM
mittee to institute impeachment pro-
ceedings against Judge Geiger
Mr. Jackson said the committee did
not have to institute impeachment
proceedings. that the department
merely had brought its grievance to
the only available place.
As the hearing opened. Chairman
Summers had read into the record a
letter from Attorney General Cum
mings setting forth the complaints
against Judge Geiger
A brief in behalf of the Jurist, who
has served Is years, then was SUBJ
mitted by the State Bar Association
and the Milwaukee County Bar Asso-
citation.
The three finance companies in
VOWED In the case are connected with
the General Motors Corp, the Chrys-
Ter Corp. and the Ford Motor Co.
a