The Birmingham age-herald., 1903-09-23
JOE TALLER CASE
 COMING UP TODAY
Four Men Arrested Will Have
 Preliminary Trial
MATTER OF JURISDICTION
Unusual Interest Attaches to the Case on Account of Questions of Union and Non-Union Miners
 Involved.

A preliminary hearing of the case or four men recently arrested charged with conspiring against District Organizer Joe HaIlier of the Alabama United Mine Workers of America, will take place this morning at 10 o'clock before United States Commissioner H. A. Wilson in the United States court, in the government building
 The four men were arrested at Horse Creek In Walker county a week ago last Monday and were brought before the commissioner in Birmingham, who re- leased them under bond of 5000 each. They were William Belinger, John Chance, James E. DeLoach and F. B. Patton. The marshals searched for Charles Moore also but he was not to be found in Walker county at that time. It is said that he will probably appear vol untarily at the hearing this morning.
 Interest in the Case.
 The interest attaching to this case is unusual because of the large number of people interested. According to the re- ports MT. Hallier was assaulted at Horse Creek recently by sympathizers with the non-unon miners because he had gone to Walker county to organize a local of the United Mine Workers of America. He was set upon by a crowd of men, was kicked and cuffed about, was forced to kiss Vice President B. L. Greer of the United Mine workers who is a negro, and had other unspeakable indignities heaped upon him. and was shot in the arm.
 The interest in tue case Is accentuated by the fact that the miners feel that it was an attack upon their organization rather than upon an individual member.
 Question of Jurisdiction.
 Able counsel has been retained by both sides and 1t is expected that a hard fight will be made on the case One of the first questions that will probably come up this morning is whether the matter prop erly belongs to the federal court. It has been advanced by the defense that at most the crime was simply an assault and as such should not be subject to fed eral jurisdiction. demurrer to the com plaint on this ground may be made before the commissioner this morning.
 On the other hand the prosecuting att torneys are said to be confident that fed eral jurisdiction does attach They base their case entirely on the conspiracy fea- ture, and maintain that a conspiracy be- tween two or more men to deprive a citi- zen of right guaranteed by the consti- tuition Is an offense against the United States.
 They maintain further that it is not necessary for a citizens rights to be specifically named in the constitution but that such rights are guaranteed as are 'created by arise from or are dependent upon" the constitution.
 It is thought the defense will contend however, that nothing is said in the con stitution about the right of a citizen to go into hostile territory and organize a union and that an effort to stop a citi- zen from doing this is not an offense against the federal government.
 A large crowd of spectators is anticipat- ed at the hearing this morning.
 The Defense.
 It is thought that the United Mine Workers will exert every effort to pro- cure the conviction of the defendants. President Ed Flynn and Vice President B. l.. Greer of the Alabama organiza- ton were seen coming from the office of the United States district attorney yes- terday where it is thought they held a long conference with the district at torney and assistant.