The Abbeville press and banner. (Abbeville, S.C.) 1869-1924, November 10, 1920, Page PAGE TWO, Image 2
JUDGE VOICES
SHARP CRITICISM
j
Anderson Finds FauJt With Mitchell
Palmer?Coal Cases Again.
j
Indianapolis, Nov. 9.?Atttorney j
General Palmer's orders limiting the
government's evidesce to be used in
the soft coal 'conspiracy cases1
against 126 operators and miners in'
Indiana, Illinois, Ohio and western !
Pennsylvania were criticised by Federal
Judge Anderson in the United
States district court here today as
being "strangely close to the compounding
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 wot ready to proceed.
Before granting the continuance
asked by the government counsel,
Judge Anderson undertook an
investigation of the attorney gener- <
al's orders regarding the cases, end- 1
ing with his criticism of Mr. Palm-,
er's conduct.
The court set next January 10 as '
the date for calling the trials again,
announcng that the meantime "will
give us time to get our bearings and 1
at least find out whether we are to '
govern by law or by person."
Once before the judge had de- 1
clared that Mr. Palmer'^ attitude in 1
the cases was that of "personal government,
not government by law." !
Palmer Not Pre?ent '
The attorney general was not J
present at the investigation, but C.
B. Ames, former chief assistant to
Mr. Palmer, explained that Mr. Pal- 1
mer's orders had ' been misunderstood
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 compounding
of a felony," said Judge .
Anderson in this connection. "I am ,
not saying it is. I am saying it is
strangely near it." j
Similarly the judge discussed the
elements constituting contempt of
court, his purpose being, he said, to ^
"see how dangerously near this gentleman
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 Washington.
I am not suggesting what
may or may not be done. Mr. Palmer
is the attorney general and
there is a certain amount of consid- ,
eration 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 general's orders would prevent i
use of evidence, that was the basis i
of the government's injunction case i
last year against the coal strike, and i
the later contempt proceedings for
alleged violation of (he court's or- i
der, directing cancellation of the
strike order. Similar testimony was s
given by L. Ert Slack, another spec- 1
ial prosecutor, and by District At- i
torney Van Nuis. ]
Orders Not Understood 1
Mr. Ames, however, said Mr. Pal- (
mer interpreted his orders to mean ]
only the elimination of evidence s
that was the basis of the contempt
proceedings and pointed out that
these proceedings were begun at a j
date later than that covered 'by the i
alleged conspiracy. Mr. Ames also <
i 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 i
the strike, Mr. Palmer did not be- (
lieve it fair to proceed criminally
after having obtained the miners' 1
compliance with the court order. '
Mr. Ames also said the department j i
had cooperated wholeheartedly in : '1
the prosecution and had not inter-11
fered in any way with the action of ^
the government's special counsel in 1
the r>rocontnfinri of the pnnsnirapv !
cases.
Washington, Nov. 8.?Attorney t'
General Palmer declined tonight to
comment on statements of Federal
Judge Anderson at Indianapolis to-'
night with respect to the court in?
?* 1 -i
PLAN ANNOUNCED t
FOR PEACE ARMY j
Paper Strength of Three Hundred.
Thousand?Baker Gives Details
Washington, Nov. 9.?The new
tactical peace time organization of ^
the regular army based on the armyj
reorganization bill, passed at the J
last session of congress, was an-|
nounced today by Secretary Baker, j
It provides for one skeleton army in
time of peace with a paper strength!
of 337,221 men.
An army corps under the new organization
will consist of 79,968
men, an infantry divison of 19,385
men, a cavalry division of 6,417 men
an artillery brigade of 3,414 men
and an infantry brigade of 6,153
men. The act providing for the new
organization divided the coutnry in-1
to nine corps areas and in time of
war on general mobilization this
division would result in three armies
each "of the tactical strength of the
regular army is only 280,000 men,
Mr. Baker explained that the national
guard and organized reserve
would fill the gaps.
The estimates for zfie war depart
merit are based upon the requirements
of an army the size of which
already has been fixed by the Republican
congress, but the naval estimates
to be submitted next month
srill be based on the Democratic program.
Secretary Daniels had repeatedly
said that, , unless the United
States became a member of the
eague of nations, it must maintain
;he most powerful navy , in the
vorld. *
Under the program authorized in
L916, the governments now is constructing
five great battle cruisers
ind more than that number of supjrdreadnaughts
and the forthcoming
laval estimate is expected not only
;o include appropriations for carryng"
on this work, but also recomnendations
for additional war craft.
Estimates for all of the government
department are expected to
sxceed, $4,000,000,000, this total
ncluding amounts for refunding
proportions of the public debt fallng
due during the next fiscal year.
The estimates for the present fiscal
pear exceeded $6,000,000,000 but
these subsequently were reduced by
something like $2,000,000,000.
Whether all of the annual supply
measures will be completed at the
next and final session of the 66th
;ongress remains to be determined
President-elect Harding is expected
to call a special session of the new
longress soon after he takes office
3ii Marcn 4 ana ic may oe mat some
jf the appropriation bills will go
sver to the special session.
SEABOARD REQUEST
IS DENIED BY THE
SUPREME COURT
Washington, Nov. 9.?The Supreme
Court today denied the reinacf
n-f tVio SnaVuinivl Air T.inp
railroad for an injunction restrainng
the interstate commerce commission
from enforcing certain traffic
regulations. j
In taking this action, the court affirmed
the decision handed down in
Virginia courts in the "Richmond
switching case" in which the contention
of the interstate commerce commission
that the practice of the railroad
of absorbing switching charges
tvas a violation of section two of the11
;ommerec act in that it made traffic
rates discriminatory against certain
shipments.
An authority on finance after exlausting
investigation, finds that in
America only one rich man's son in
seventeen dies rich.
luiry into the attorney general's
connection with the soft coal conspiracy
cases. Department of justice
jfficials said, however, it had been
expccted that C. B. Ames, who went
Tv? manf'c
iv liiuiauapuiid mc uc^anuivubo
representative would "read into the
lourt record all of the instructions
in question." Whether the court had
been advised of this plan was unknown
at the department, but pending
developments in the controversy
officials were silent.
The statement was reiterated at
the attorney general's office that the
only instructions sent by Mr. Palmer
were those contained in a letter to
Dan W. Simms and which resulted
in his resignation.
The letter has since been made
public.
WILL SEE IF PALMER
CAN HAM-STRING
A CASE IN COURT
q narmlic TnH Mnv. 4_?At.
the request of the government the.
conspiracy case against 125 soft'
coal miners and operators of Indiana,
Illinois, Ohio and Western
Pennsylvania was continued when
called in the United States district
court of Judge A. B. Anderson this
morning.
Judge Anderson then immediately
started upon his investigation of
Attorney General Palmer's connection
in the case at one time declar-J
ing: "I'm going to find out whether
the attorney general can ham-string
a case in this court," Dan W. Simms
of Lafayette, Ind., who recently resigned
as special assistant district
attorney in the case, was the first
witness called in the investigation.
LAWFUL LIQUOR MAY
BE STORED AWAY
FROM YOUR HOME
l
Washington, Nov. 9.?Liquor lawfully
acquired by a person for his
personal use may be stored in a
place other than his home under a
ruling today of the Supreme Court.
The court's decision was on an appeal
brought by William G. Street,
of New York City, from lower court
decrees refusing an injunction pro-'
hibiting federal prohibition officers!
from seizing liquor which he had
stored in a, room leased from a safe
deposit company. The court declared
congress did not intend to prohibi'.j
such a storage^when the liquor was
lawfully acquired for a lawuful purpose.
Justice Clarke also held that th?'
transportation of lawfully acquired
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' NON-PARTISAN GAINS
Minneapolis, Nov. 9.?Results of
Tuesday's election are construed as ^
a remarkable gain for the national ^ 1
Non-Partisan league in a statement ^
given to the Associated Press today
by Oliver S. Morris, director of publicity
for the league and editor of.
its national publication.
"Leaugue candidMes polled morej
than 3,000,000 votes in 1920 in nine ^
states," Mr. Morris eaid. "This is j
1 more than three times the vote 01
two years ago and is a remarkable
' gain in a Republican year."
PASS MILLION BALE MARK
Galveston, Tex, Nov. 9.?Cotton
receipts at Galveston passed the million
bale mark for the 1920-21 season
when today's receipt brought
the total of 1,004,267 bales arriving
at the i>ort since August 1 last.
Last season the million bale mark in
cotton receipts was not reached until
December 9. Exports of cotton
since August 1, totalled 799,770
bales.
ilquor from a warehouse to the home
of the . owner did not constiute
"+rflriKTV?rta.tioTi" within the meanMic i
of the enforcement act.
Commissioner of the Internal Revenue
Bureau, and Prohibition Commissioner
Kramer declined to comment
on the court's decision explaining
that they were unfamiliar,
with instructions involved in this
test of the transportation provisions
of the law.
' Other internal revenue officials,
however, indicated their belief that
the decision would seriously handi-,
cap them in enforcement work. A
similar belief was expressed by
members of Mr. Kramer's staff.
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ANDERS(
Memphis, Tenn., Nov. 6.?Demands
for a call election, directed
against Rowlet^ Paine, mayor of
Memphis, and the four other mem- j
bers of the municipal commission, j
were again before the city clerk to-]
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ell mini?re?
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EARNINGS AT
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list of petitioners seeking an election
to determine whether the present
city administration should be
replaced. v. i
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