The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-12-06
CABLE SUIT PAPERS
CANNOT Be SERVED
q. s. Marshal Returns Fee,
Saying Burleson SIS Not to Be
Found in N. Y. District"
MAY TRY JUDICIAL CODE
Meanwhile the POstmaster's
Hands Are Free to Garry
Out Plans Of Seizure.

the bill of complaint in suit In equity
through which the Commercial Gable
Company seeks to restrain Postmas-
ter-General Burleson from applying
an order seizing its submarine cables
and land equipment, Thomas d. Nc
Carthy. United states Marshal. called
a stenographer and dictated letter
late yesterday afternoon to William
w. Cook, solicitor for the company
The substance OF the letter may be
quoted as follows:
MY DEAR Ma Cook-1 am return
ing herewith s2.25, the fee paid to me
for the service of complaint and
subpoena on Albert s. Burleson. I beg
to report that have made diligent
search for Albert S. Burleson and he
is not to be found within the south
ern district Of New York"
Postmaster-General Burleson is in
Washington. So far as could be
learned yesterday he has no intention
of coming TO New York. 1t was ad-
mitted by officials of the cable COM
pany that it will be hard task to
make him appear as a defendant in
their suit unless he comes voluntarily
or sends counsel to make answer to
the petition for All injunction.
Francis G. Caftey. United states At
torney, said the courts OF one district
cannot compel any one in another dis
trict to accept service OF a complaint
making him a defendant in a civil suit
OF the kind which. the Commercial
Gable Company is trying to institute.
dust First Serve Papers.
'-This suit is no suit at ALL" said Mr..
Caffey. THE mere fling Of papers
does not institute a suit. The papers
must be served, and there is nothing
to compel a man who does not live in
this district to accept service OF these
papers"
Mr.. Catfey said that II suit had been
brought in the District of Columbia
the papers could have been served. He
said that no copy of the complaint had
been transmitted to him and that all
he knew OF the suit was from reading
the newspapers. 1t was his opinion
that the Postmaster General and At
torney- General Gregory would ignore
thu effort to cause them to appear in
court here by representative and show
cause why the Government should not
he restrained from carrying out the
Presidents proclamation selling all the
submarine cables operated by COM
panies organized under the laws Of the
United States.
William J. Deegan, secretary of the
Mackay Companies. which hold the
Commercial CafIle Company and the
Postal Telegraph Company in trust.
expressed the eIanion that Mr. Caffey
would appear for the P9xtH1aster-
General to answer the complaint
Hope Burlesen win Accept.
When told. that the United States
Attorney had not that intention Mr.
Deegan consulted counsel for the
company and made the following
statement: -
IF necessary we will bring him in
by advertisement under section 81 of
the Judicial Code of the United states
hut we cannot believe that Mr.. Burle-
son. who is SO anxious to justify his
acts, will refuse to appear and inter-
rose a defence"
Mr.. Deegan explained that when the
Postal company announced its inten-
lion of appealing to the United States
Court OF Claims from an award OF
Sl,6Se,o00 as compensation for the
seizure OF the land lines of that COM
pany the Postmaster General said he
would be glad to expedite tho lew
by means Of a friendly suit
1T has been our hope that Mr.
Burleson would take the same position
in this matter so that a quick answer
could be had to our complaint that
the Commercial Cable Company faces
irreparable loss through the illegal
seizure Of our property in the exercise
of war powers that ended with the
signing of the armistice and in viola
lion of the constitutional provision
prohibiting the taking of private prop
crty without due process of law and
just compensation.
May Mean Long Delay.
II resort is had by the Commercial
Company to Section 81 1t will be I'M
able to obtain argument in court on
its application for an injunction for
weeks. The section provides that in
an action in equity where a defendant
shall not be an inhabitant of the dis
trict and shall refuse to appear volun-
1arily to answer to the complaint, It
shall be lawful for the court to issue
an order which shall compel the de-
fendan1 to appear on designated day.
This order must be published once a
week for six consecutive weeks. Then
the court may entertain Jurisdiction
and hold a hearing in the absence OF
the defendant.
The cable compaAy's bill Of COM
plant was signed by Mr.. Cook and
Charles E. Hughes as counsel and
sworn to by Clarence II. Mackay, pres
ident OF the company.
The Governments possession Of
land wire companies. which was pro-
claimed by the President on August
!, and of cables that were seized in a
proclamation dated November 2, I'D to
his time, has been largely theoretical.
The first overt act Of the Postrnast
General affecting the cable companies
came Wednesday, when he announced
the appointment Of George G. Ward,
Yice-president and general manager OF
the Commercial Gable Company, to
direct the merger of the cables of his
company and those OF the Western
Union cable system. Mr.. Ward re-
fused the assignment.
Company VIII Refuse Aid.