The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1911-12-06
The FEDERAL COURT
Making an Exhaustive Inquiry
Into Whole List Of Dyna-
mite 0utrages.
PLANS OF THE PROSECUTION
Taking Jurisdiction Under Statutes Re-
Istina to Interstate Commerce, Fed
ersI Grand Jury viii Follow Lead
Given by McNamara Confession.

Istlne to Interstate Commerce, Fed
ersI Grand Jury VIII Follow Lead
Given by McNamsra Confession.
Indianapolis, Dec. 4.-The theory on
which the government Is acting in
the federal grand jury investigation
into dynamite outrages throughout the
country known to have been commit
ted under the direction OF John J. Nc
Namara and believed to have been
workers union, is that the explosives
we're carried over interstate railroads
and In pursuance of a nationwide con-
spiracy to destroy life and property,
This, it is alleged, gives the United
States court here jurisdiction over the
offenses. The second theory is that
railroad bridges form a part of the
property of interstate commerce in the
meaning of the law and their destruc-
ton Is therefore an offense against
the federal statutes. Out of this grows
the conclusion that the transportation
OF the explosives and the actual use
of or intended use of in destroying
property constitute a continuing crime
which is punishable under the statutes.
Taking the destruction of the Los
Angeles Times building and the con-
sequent loss of twenty-one lives, for
instance, government officials say that
federal courts would have no jurisdic-
ton If the dynamite had been pur-
chased in Los Angeles, but IL 1t were
purchased in any other state and can
be shown to have been carried to Los
Angeles or sent there over an inter-
state railroad, the sending or carrying
of 1t gives the court Jurisdiction. This
question has not been definitely de
cided, but the district attorney is look
ing up the law and it may be, If the
transportation of the dynamite and the
crime resulting from the explosion and
incident to it are one and the same,
the men charged with it may be guilty
of murder under United States stat
utes.
It is known that this theory is being
investigated. 1t is pointed out that
during the Harrison administration a
deputy United States marshal killed
man in defense of justice of the
United States supreme court, and that
that court held that he acted within
the limits of his duty. w. H. II. Mil
Ter of this city, attorney general at the
time, ordered the deputy to protect
the Justice and defended the act in the
here, shows that the person of the JUS
tice of the supreme court may be pro-
tected even at the cost of human life,
and the conclusion is drawn that yio-
lations of the interstate commerce
law, ending in murder, as in the Los
Angeles Times case, would give the
federal court jurisdiction of the larger
crime as part or result of the smaller.
1t is known that witnesses will be
summoned here from all parts of tho
country and that destruction of rail
road bridges in New York, Pennsylva-
mia. Ohio and other states will be in
vestigated.
James Kirby, jr, president of the Ma
tional Association of Manufacturers,
spent Sunday in this city. and there
was some talk of the plans for bring
ing certain men higher up in organ
lied labor to justice In connection
with the dynamiting plots which cul-
minated in the Mcnamara arrests and
the pleas of guilty at Los Angeles.
Kirby and Burns left the city last
night for Dayton, o. Burns will return
here the latter part of the week for
consultation with United States Dis
trict Attorney C. w. Miller. at which
time the evidence to be placed before
the grand jury will be gone over.
Burns would not talk while here ex-
cept to say that he thought others be-
sides the McNamaras and McManigal
are equally guilty and that they would
be brought to justice.