The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-05-10
CASE DISMISSED
FROM j, S, COURT
Judge Jones Hands Down an
important Decision
THE ASSAULTlNG OF GREER
Alleged Conspiracy to Prevent United.
Mine Workers to Organize In
Walker County a State
Court Matter.

Judge Thomas @. Jones, of the United
States court, has handed down a decision
Diminishing the case of the United States
against Charles Moore, William Balhn-
ger John Chance, George DeLoach' Luz
Their Rayburn and Sterling Shores In
dicted by the federal grand jury on two
counts under section No 550S of the Re-
vised Statutes. In the first count of the
indictments 1t was charged that the de-
PENDANTS conspired to inIure. Cypress and
intimidate one Il. L. Greer, a citizen Of
the United States, to prevent the free ex-
ercise and enjoyment by him by the con-
stitution or laws of the United States, to-
wit; THE right and privilege Of estab-
fishing and organizing a local union or
the United Mine Workers or America in
the county of Walker, and state of Ala
bama," and that the defendants 'unlaw-
fully assaulted and beat the said Greer"
while the second count OF the indictments
charged that to effect the objects of the
conspiracy formed by the defendants that
Greer was assaulted with an intent to
murder.
The order of Judge Jones thus expunges
from the federal courts two important
cases sent up from Walker county. The
basis of tho cases was an aIfeged assault
upon Joe Halller, district organizer, and
B. L. Greer colored. vice president Of
District No. TO- United Mine Workers of
America. near Horse Creek, last summer
where they had gone presumably for the
purpose of organizing unions among the
miners. The Hallier case was dismissed
because 1t was not conelusively shown at
the preliminary trial BEFORE a United
States commissioner THAI he was nat
uralized citizen of the United States. In
rendering the decree. the demurrers OF
the attorneys for the defendants, Walker
Percy and W. l. Grubbs, to the ihdict-
ments are sustained by the court.
Groun,s for Demurrer.
Substantially the grounds for the de-
murrers were as follows
81 Because 1t appears from the indict-
ment that the right or privilege claimed
is not secured to said Greer as a citizen
of the United States by the constitution
and laws thereof, and that said conspir-
acy and assault did not violate any privi-
lege or immunity of a citizen of the
United States.
So Because the indictment shows that
no offense was committed against the
criminal laws of the United states, but
only an offense against the laws of the
state of Alabama.
"3. The Indictment shows that this
court has no jurisdiction to try and pun
ish the offense set forth"
In the preface of Judge Jones' decision
Is the following:
"Unquestionably the right of citizen
to organize miners, artisans, laborers or
persons In any pursuit, as well as the
right of individuals in such calllngs to
unite for their own Improvement and
advancement, or for any other lawful
purpose, is a fundamental right of a citi-
zen, protected In every free government
worthy of the name. The only issue this
case presents Is. to what government, I'M
der our complex institutions, Is committed
the duty to protect that right?"
ITO ascertain the privileges and inn
munities of citizens Of the United States,
and the rights which pertain to the citl-
zens of the state as such. we must consult
the history of our institutions, as well
as the history of the constitution, says
the opinion. The revolution of 1776 de-
prived the people of the colonies of none
of the Evolutionary privileges, personal
| and political rights gained by their an
cestors In struggles between commons
and king. The people of the United
States, through their several state con-
ventions, created the government of the
United States. with all needful power to
conduct their affairs with other nations,
to regulate the rights of the states and
the rights of citizens of different states
as among themselves, ana with the gem
eral government, and as to some other
matters of common concern to the people,
and committed to the new government all
their powers, rights and liberties as those
CAREFUL enumerated matters, specified in
the constitution of the United States and
reserved all other rights. powers and
liberties heretofore enjoyed by the peo-
pie Of the states to the keeping and pro-
lection of the state governments which
remained after the adoption of the con-
sttution. as they were before. sovereign
as to them.
ut is quite apparent that as to a great
number of matters the citizen must still
look to the states to protect him in the
enjoyment of life. liberty, property and
the pursuit of happiness.
Questions Raised.
Inevitably when a citizen claims pro-
lection of a right or privilege as we Sc