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AN ce te ree ca 4, 4 Py = + a 4 f Memorandum for the Director =~5- CONPOENTIAY, to secure evidence establishing all of the elements of a violation of Section 51, Title 18, U. S, Code, and not merely the question of intent behind the payments of money by John L. Lewis and the United Mine Workers to Carl H. Elshoff. It is noted that should a grand jury be directed to investigate the above entitled matter, all witnesses could be required to testify under oath, and it is conceivable that such a procedure might be preferable to having Agents interview witnesses in the field where they would not be under oath, It is observed that the Department states it is reviewing the files of the National Labor Relations Board and will forward this material to the Bureau in the immediate future, It is also noted that at 3:30 pm on duly 2, 1943, Mr. Frank Cole- man of the Civil Rights Section of the Department, called at the Bureau and discussed this case with Supervisor Frank L. Seleh.. Mr. Coleman stated he recently conferred with the Attorney General on this case and indicated . bis desire to have the Bureau handle the investigation. According to Mr. Coleman, the Attorney General remarked to him that the FBI was always hesitant to take over an investigation after it had been handled by another Federal egency. Coleman then remarked to Mr. Biddle that he definitely thought the Bureau should be asked to conduct the investigation. RECOMMENDED ACTION ; % Inasmich as witnesses before a grand jury testify under oath, you may desire te recommend to the Department that the investigation in this case be conducted by a Federal grand jury. In the event it is not desired to recommend the use of a Federal grand jury in this matter, it is recom- mended that the requested investigation by the Department be instituted immediately upon the receipt of further information from the Department as disclosed in the files of the National Labor Relations Board and the Internal Revenue Department. ae