New-York tribune., 1918-12-05
Asks
Court to Stop
Cable Seizure
Injunction Is Sought to Pre-
vent Burleson From Car.
rying Out His Control

Alleging that seizure of the marine
cable systems by the government is
conhscatory, communistic and contrary
to the established principles of law, the
Commercial Cable Company, of which
Clarence Mackay is president, yester-
day brought an injunction suit in the
Federal District Court, through its
counsel, Charles E. Hughes, against
Postmaster General Albert S. Burle-
son
he action is designed to prevent the
ostmaster General from carving ont
ms claim that he has assumed control
OF the concerns ocean cables. The
complaint asks that the defendant, his
officers or agents be enjoined from in
tertering with the business of the COM
rany
The complain further asks that the
Federal Court grant a temporary in
junction or restraining order, forbid
ding the taking over of the cables
while the suit is pending. The argu-
ment on the temporary injunction may
take place on Friday in the, Federal
District Court before Judge Learned
Hand, if the Federal ATTORNEYS are
ready.
War Over. Complaint Says
The main basis Of the bill of COM
plant involves a new question in con-
stltutlonal law. 1t contends that after
the signing of the armistice the war
! power no longer operated except where
necessary to finish matters already in
the hands of the government prior to
the signing Of the truce. The com
| plant charges that the seizures of the
cables is unconstitutional, unauthor
lzed, illegal and void, for the reasons
that the war had terminated prior to
the authorization for the seizure, and
therefore Congress had no power un-
der the constitution to authorize the
Postmaster General to take possession
ard control of the operation Of the
cables of the company.
In attacking the seizure of the cables
after the signing Of the armistice the
complaint says.
That the recent war referred to in
said Joint resolution is no longer in
continuance, it having been terminated
beyond possibility of renewal on No
vember II, 1918, by an armisticc.
Proclamation After Armistice
THAT said proclamation, dated No
vember 2, 1918, did not become a proc
lamation and was not proclaimed or
announced, signed, countersigned, made
public or effective until after Novem.
Der II, 1918, namely, about November
1e, 1918, and that no seizure or pos
session of said cables was attempted.
claimed or made until on or about No
vember 16, 1918.
Ihat 1T Is not necessary for the ma
tlonal security or defence that your
orators system of marine cables shall
be seized or taken possession of or as
sumed control of by tho defendant or
any ono else
Mr. Hughes attacks the claim of the
government that it Is necessary for
Federal control of the cables durlnr
tne peace negotiations by pointing out
that the government took over the
Gaples IN the Pacific Ocean and to points
~ ~ south America, Central America and
ouna "neTe no such need could be
sustained.
Company Not Consulted
AlteT pointing out that the Com
l.c!siai Naole Company at the request
ROV1fnmanf 49,
circuit from Washington to Paris
which has been at the disposal of tha
State Department the complaint sovs.
THAT all of said thirteen cables have
been and aredevoted first to the trans
mission OF government messages reIa-
tive to peace negotiations or any other
government business, and then press
messages and commercial messages,
that the seizing Of said thirteen cables
by the government does not facilitate
or better In the slightest degree the
transmission Of government peace mes
sages or .-ly other messages.
lnat your orator was not consulted
as to the necessity or even advisability
of said seizure of cables, although YOUR
orator could have given more compe-
tent expert advice on that subject than
my one else conversant with cable af- |
fairs"
Wilson's Words Quoted
Mr.: Hughes raises various constitu-
,lonal questions to the seizure, in the |
complaint. 1t is charged that the sciz-
ire deprives the Commercial Cable |
Company of It's property without due
process Of law, and that Congress had |
10 power to authorize the seizure of |
he cables under the circumstances ex-
sting at the time of the seizure; that
Continued OIL page fue