The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-09-16
QUESTIONS RAISED
IN HALL|ER'S CASE
Attorneys Have Doubts as TO
Federal Jurisdiction
SENSATIONAL FEATURES
Federal Statute Under Which Men
Arrested BY U. S. Marshals VIII
Be Tred-Laree Number OF
Witnesses Summoned.
SENSATIONAL FEATURES

The arrest of four men in connection
with the recent assault upon District Or
sanizer Joe Hallier of the United Mine
workers of America in Walker county
was the subject of considerable discus
sion among lawyers yesterday The ar
rests were made by United States Mar
shals and the matter will therefore come
before the federal court
There is doubt in the minds of many
as to whether the matter properly be-
longs to the United States court. Sew
eral prominent attorneys remarked that
they did not understand why a case OF
assault and battery or conspiracy to do a
man bodily harm was an offense against
the United States.
While the attorneys who have charge
of the case admit that there is close
question about the matter, they are con-
WINGED that this particular case is IN
violation of sections 55OS and $500 of the
revised statutes of the United States.
Sensational Features.
The case promises to have some very
sensational features which Will be
brought out in the preliminary hearing
to come off before Commissioner Wilson
September %. According to the allega-
lions Mr. Hallier was in Walker county
last month with Vice President B. l.,
Greer. colored, of the United Mine Work
ers of America for the purpose OF Or
ganizing a local union at Empire Some
of the miners of Walker county objected
and 1t is said forcibly subjected Mr.. Hal
lier to some of the most humiliating and
degrading indignities. 1t is said he was
forced to kiss Greer, and was ordered to
do other things which he positively re-
sisted. He was later fired upon and
wounded.
William Ballinger, James DeLoach John
Chance and r. b. Patton were arrested
at Horse Creek on Monday, charged with
conspiracy. IL is said that the attorneys
who argue that the matter is a federal
offense base their contention on the fact
that it was a conspiracy among two or
more men to deprive citizen of rights
granted him by the constitution OF the
United States. Section 550S of the federal
statutes reads:
Federal Statute.
'If two or more persons conspire to in
jure, Cypress, threaten or intimidate any
citizen in the free exercise or enjoyment
of any right or privilege secured to him
by the constitution or laws of the United
States or because of his having to exer-
else the same; or If two or more persons
go in disguise on the highway or on the
premises of another, with intent to pre-
vent or hinder his free exercise or en-
joyment of any right or privilege so Sc
cured. they shall be fined not more than
$4,000 and imprisoned not more than ten
years; and shall moreover be thereafter
ineligible to any office or place of honor
profit or trust created by the constitu-
ton or laws of the United States" Sec
ton $500 provides that:
"If in the act of violating any pro-
vision in either of the two preceding sec
lions, and other felony or misdemeanor be
committed, the offender shall be punished
for the same with such punishment as
is attached to such felony or mlsde-
meanor by the laws of the state in which
the offense Is committed"
A large number of witnesses have al
ready been summoned by both sides to
testify In the preliminary one week from
today.
President Ed Flynn of the Alabama
United Mine Workers Of America left last
night for Indianapolis to confer with
President Mitchell, and it is thought that
the conference will be in connection with
this case.