Pine Bluff daily graphic., 1918-12-29
CABLE INJUNCTION lMPUTfS DECEPTION
 ID THE PRESIOtN]
So Declared Attorney in Reply to Charles E. Hughes, in Argument ito Dismiss Proceedings.

New York, Dec. 2S.-In authorz- ing President Wilson 70 take over the nations cable lines, congress in- tended such seizure to be made, ''only lal case of impending danger to the national security" and. aot at any time during the existence Of mere Chas. E. Hughes, counsel for the Pacific Cable companies, in federal court here.
 MT. Hughes made this contention while arguing before Judge Hand on the motion of the United States gov ernment to dismiss the bill of com plaint in a suit brought by the two companies to enjoin Postmaster Ge.l-@ eral Burleson and Newcomb Carlton from merging their lines under fed- eral control with those of the Vest ern Union Telegraph company, of which Carlton is head.
 Judge Hand reserved decision. Both sides are to present briefs by next Friday.
 At one point in reply to question of Judge Hand as to whether the "se- curity of defense of the nation does not depend upon achievement of the O5jectives for which the war was fought and not on the mere termin- ation of fighting, Mr. Hughes said:
 "I think that what may be achieved in the sense of the final results of the war will probably not be deter mined during our lifetime. I think that congress had no reference to the national security in the sense of the absolute establishment of some conditions Congress had in mind an actual state of applied forces"
 Previously, counsel for the gov ernment who contended that the Unit ed States is the vital defendant and cannot be made party to the suit, had challenged that part of the bill of complaint is, which it is asserted that "seizure of said cables on the ground that they were or are nec- essary for the national security of defense was and is mere pretext, without substance or basis in fact"
 This imputed deception to the pres ident, declared Edward F. McClen- non special assistant to Attorney. General Gregory.
 After asserting that when the ca bles were seized there was mo men, ace to the national security" Mir. Hughes said that he had been pres- ent when President Wilson had told congress that with the armistice ac- tually signed, the conditions it inn posed reduced Germany to a state of absolute helplessness.
 Here again Judge Hand Interrupt ed to say that if the security of the nation is to be measured by the in- corporation of Americas conditions in the terms of peace, surely all means necessary to the achievement of the final end are necessary"
 Then followed an argument be- tween Judge Hand and MT. Hughes as to the meaning of the word "se- curity'' Mir. Hughes, who asserted that Germany will have to accept the terms of the peace conferences as she did those Of the armistice, asserted that security" meant "safety'' and that the word was used but the court maintained that such was a pretty limited interpretation" !"
 Asserting that the cables were not 1 seized llMtil we were out of the woods and just as safe nation as any 1 private citizen in his home in coun- try village" Mir. Hughes continued:
 Was there ever word from the state department as to any such ne- cessity? Was there any such pre- i tense of any cabinet action an any thing of this kind? Did this germin- ate in the brain of the postmaster general for his own purposes, ulter- for entirely to this resolution?
 Let us put this in plain English. They are taking the profits of our business. That is what it amounts