Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1918-12-03

Interstate Transportation
Insufficient for Action
TUCSON, Dec. Captain Harry
Wheeler, former sheriff of Cochise
county, later in service with the A. E. F.
in France, and now on duty at No
gales, Arizona, and "a other defen-
dants, capitalists, mining men, local Of
ficials and merchants of Bisbee and vi
cinity, were relieved of proceedings in
the United States district court here
today growing out of the deportation
from Bisbee of 1,1S6 striking copper
miners and their alleged sympathizers
during a strike called by the /. w. w.
in July, 1917. The decision of Judge
William Morrow, as judge of the United
States district court for the state of
Arizona, was filed today. having been
transmitted from San Francisco. In
the "Bisbee deportation" case, he was
sitting for Judge William H. Sawtelle
Of the Arizona district court, who was
disqualified by reason of having eX
pressed his view of the law in the case
in his charge to the grand jury which
returned the indictment.
A Demurrer Sustained
Judge Morrow sustained the demur-
rer Of Captain Wheeler and "a other
prominent citizens of the Warren dis
trict and Cochise county. which was
that the acts charged did not consti-
tute an offense under federal law. The
effect Of the decision is to deny the
government the processes of the United
States district court. Assistant Attor-
ney General William c. Fits came on
from Washington D. c.. to appear be-
fore the grand jury which indicted the
men, and he also urged the case for
the government on the demurrer, con-
tending that the defendants were in
dictable and liable to prosecution in
the federal court under the old force
bill a reconstruction measure of
post civil-war days. Judge Morrow held
that this law was not applicable to the
acts alleged
Criticises Defendants
The decision holds that the charge
contained in the indictments, conspir-
acy to deprive citizens of the United
States Of their constitutional rights
does not constitute a federal offense.
In his decision, Judge Morrow criti-
cises the deported men for not submit
ting their character and conduct to the
community where they resided, instead
of appealing to the federal courts fol-
protection. He found that if any Law
was violated it was the state Law
against kidnapping, and that the con.
stitution delegates to the state this po.
lice power, and that ample protection i!
guaranteed under the state laws.
Taking up the contention that thu
conspiracy extended in effect across
the border of Arizona into New Mex
leo and involved interstate transporta
ton. the court held that this is no
sufficient to bring into play the fedora
authority.
Why Not State Courts
Remarking upon the fact that pro
ceedings were begun against the de
fendants in the United States court
rather than in the state courts, Judg
Morrow said in his decision:
Why has this prosecution beel
brought in the federal court rathe
than the state court. which had un
questioned jurisdiction of the offens
charged?
THE assistant attorney genera
stated in The oral argument that i
might be because there was such bia
and prejudice in the community wher,
the offense was committed against tn
persons complaining of the offens
that the law Of the state could not b.
enforced against the defendants. Thi
Is not legal or constitutional groun,
OF federal Jurisdiction. although fre
quently urged as d ground of fedora
legislation covering subjects where 10
cal authority is unequal to the task o
administering equal and exact justic
TO all, but it is difficult to understan,
the explanation in this case, if tn
large body of persons against whom
the conspiracy was to have been di
rected were, in fact, bona fide citizen
OF the United States, as claimed. Thos
that were citizens by naturalizatio
proceedings were each required I
prove to the satisfaction of the cour
by two witnesses, at the time of ma,
uralization, that for five years prio
thereto he had behaved as a man G
good moral character, attached to tn
principles of the constitution of tn
United States and well disposed to tn
good order and happiness of the sam,
Those that were native born citizen
should certainly have possessed a
equally good moral character have bee
equally loyal to the government of tn
United States, and equally attached I
the principles Of the constitution of tn
United States as those who have bee
naturalized. If this was the characte
OF the persons against whom the cor
spiraey was directed. we cannot ur
derstand why they could not subm
their character and conduct to tribJ
nal in the community where they rt
sided, in proceedings against others Il
an open violation of the state law TT
situation is indeed a iamentable OF
and one to be greatly deplored. but
ought noe to influence this court to Ell
large the statute to include an offeni
not within constitutional authority"
File Answers for Damages
B1SBEE. Dec. ANSWERS have bee
filed in Tombstone by Ellinwood
Ross, attorneys for the Phelps bod,
corporation by the Calumet & Arizor
Mining company and several of the il
dividual defendants in the suits fill,
by 2lS men who claimed damages
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