Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-04-30
Remarkable Suit Is Brought in
Milwaukee Against AIIlS-
Chambers Company by Cit
liens of United States,
PLAINTIFF is HOLDER
OF GERMAN SECURITIES
Alleges Defendant Is in Con-
SpiraCy With Bethlehem
Steel Company to Manufac-
ture ShrapneI for Allies,

Milwaukee. Wis, April "a COM
plant was filed today under the So
called discovery" statute Of Wiscon-
sin To secure information to deter
mine whether the Allis Chalmers
company, corporation, otto Falk, its
president and others have entered
into conspiracy with the Bethlehem
Steel company and others not yet
known to manufacturers and ship
shrapnel shells to European belliger-
ents, contrary to the Wisconsin law
The action, service in which was Sc
cured tonight calls for the appear
Iance of Mr. Falk and the other de-
PENDANTS before the circuit court
commissioner in Milwaukee on May 5
for preliminary action before plead
ing, as provided by the discovery stat
ute proceedings. Mr.. Falk is ordered
ito bring with him all letters con-
tracts, correspondence and agree
ments between the Allis Chalmers
company and the Bethlehem Steel
company.
The complaint was filed by Samuel
Pearson, who declares he is citizen
of the United States and that he has
valuable property interests located
within the boundaries Of the German
empire; that he is the owner Of Sc
eurites issued by the German gov
eminent, and that the German gov
ernment is and for some time past
has been engaged in war with Great
Britain, Serbia, Montenegro, Russia
and Japan.
Criminal Offcnsc Charged.
ITpon information and belief Pear
son AYERS that the defendants prior
-, in
ufacture of peaceful instruments OF
art and industry and that the manu-
facture of shrapnel was engaged In
only after the war started and is to
continue only during the actual con-
tinuance Of the war.
The complaint sets forth that it is
the belief that the defendants have
entered into an unlawful conspiracy
with the Bethlehem Steel company
and others and that such a conspir-
acy is made criminal offense under
the laws of Wisconsin, the penalties
for which are defined in the Wiscon-
sin statutes
The examination of the defendants
under the discovery statutes is for the
purpose of ascertainng among other
things, the names of each person or
corporation with whom the defend
ants may have contracted for the
manufacture of shrapnel shells or
similar munitions the intent and ma
ture of such contracts and the names
OF any consgnees to whom such mu
nitions may have been shipped.
On the information gained in the
examination il is said an injunction
suit will he based TO prevent the de-
PENDANTS from continuing in any such
conspiracy as is alleged
The complaint goes on to state
that one type of ammunition indis-
pensable to the belligerents is a pro-
jectile known as the shrapnel shell, |
designed but for one purpose, the de-
struction Of human life and property
and that the intent of the war now
being conducted by the several coun-
tries named against the German en-
pire is to cripple the said empire by
the destruction of the lives of its cit
izens and of its property, both public
and private, as to compel the submis- |
sion of Germany to the future dispo- |
sition OF its national domain or to the
of its sovereign life, as the I
allies, If victorious may dispose.
Mention of President Wilson's neu- |
trality proclamation is made and cer- /
tain federal statutes are cited, viola |
tions OF which, il is contended, con |
stitute breaches Of neutrality and sub
NIT the offender to criminal prOsecu- |
ton for high crimes and misdemean-
ors.'
According to the complaint the du-
ration of the war would be materially I
shortened and the operations result
ing in wholesale bloodshed and taking |
Of life and vast destruction of prop