Evening star., 1938-01-23

Quu tC SCSU utt LUC JUCtS VEJOT0
he made the charges?
to the Government, the Government would
present 1t to the grand jury and say it
had accomplished in the department all
that We had asked you (the grand jurors)
to accomplish when you were called here
and We recommend you drop the criminal
prosecution"
Other portions Of the testimony, accord
ing to the brief, indicate that the subject
matter before the grand jury, the attitude
Of the grand jury and even portions of
the evidence presented were disclosed by
representatives Of the department during
the negotiations. The automobile men, it
is alleged, also were told that the grand
jury itself had proposed one Of the provi-
sions Of the suggested consent decree, .
circumstance, which, If true, could hardly
leave the jury an impartial body had its
investigation been permitted to continue
after the prospective defendants had re-
jected the decree.
Limitations to Subject"
This, then, was In substance the
testimony confronting Judge Geiger when
he reached the point where he had to
decide whether to discharge the grand jury.
Commenting on it, he said:
There are limitations as to what can
be done as to a subject matter pending
before grand jury, and, therefore, when
I first learned Of it, I advised Mr.. Hardy
that thought the whole situation was
directed to the very least of propriety.
I do not think it was proper for these
parties to get together during the session
of this grand jury and negotiate deal
here in = matter that would be compre-
hended within the terms Of = probable
indictment. There Is nothing to do here
but to discharge the grand jury"
Contending that Judge Geiger was not
only within his rights in discharging the
grand jury, but was merely performing .
clear duty, the representatives Of the bar
association cited the following excerpt from
an opinion of the Eighth Circuit Court Of
Appeals:
"A supervisory duty not only exists but
is imposed upon the court to see that its
grand jury and its processes are not abused,
or used for purposes Of oppression and
injustice"
May Offer Own Defense.
So far, Judge Geiger has refused to dis
cuss the matter with any one. It Is ex-
pected, however, that If and when hearings
are held, he will appear and give his version
of the incident if the committee desires
to hear him.
Chairman Summers on January Is wrote
to the representatives Of the bar associations
and the Attorney General, asking them, At
their convenience, to fix an early time to
meet with the committee and go over the
charges and the evidence.
Mr. Summers and his committee can
render real public service by insisting
upon full investigation Of all aspects Of
this situation. There may be evidence, in
addition to the Attorney Generals letter,
to show that Judge Geiger acted arbitrarily
and in a manner calculated to obstruct
administration of justice. Should that
prove to be the case, the committee ought
to take appropriate action.
But II it should appear after full inquiry
that the representatives Of the Department
Of Justice sought to use . grand jury for
IN improper purpose or that there has
been IN attempt to assail Judge for doing
what the law says be must DO, that TOO,