The copper era and Morenci leader., 1918-12-06
DEPORTATION INDICTMENTS
 IN ARIZONA ARE QUASHEO
Charges in Bill Held Not to Constitute Federal Offense; Deported Men Criticized by Court for Ignoring State Tribunals in Cases.

IuCSOu, AIlZ., DoC. A.-CdpIdlu I1dT- ry Wheeler, former sheriff of Cochise county, later in the service of the A. B. E. in Fance, and now on duty at Noga1es, Arizona, and "A other de- fendants apitalists, mining men, local officials and business neu of Bisbee and vicinity-were relieved Ct proceedings in the United States dis trict court here today, growing out of the so-called ''Bisbee deportation" by which the Warren mining district was rid of 1900 odd alleged adherents of te In. w. w. The decision of Judge William Morrow, as judge of the United States district court for the state of Arizona, was filed today, hav- ing been transmitted from San Fran cisco. In the "Bisbee deportation" case he was sitting for Judge William H. Sawtel1 of the Arizona district, who was disqualified by reason Of having expressed his view of the law of the case in his charge to the grand jury which returned the indictment.
 Wheeler Demurrer Sustained
 Judge Morrow usstained the demur- Ter of Captain Wheeler and 24 other prominent citizens of the Warren dis trict and Cochise county, which was that the acts charged did not consti- ute an offense under federal law. The effect of the decision is to deny the government the processes of the United States district court. Assist ant Attorney General William C.. Fitts came. on from Washington, D.. C., to appear before the grand jury which indicted the. men, and he also argued the case for the government on the demurrer, contending that the defendants were indictable and lia- ble to prosecution in the federal court under the old Force bil1', a reconstruction measure of post-civil war days. Judge Morrow held that this law was not applicable to the acts alleged.
 Charges of Indictments
 The charges on which the 25s capi- talists, copper mine operators, public officials and citizens of Bisbee were indicted by federal grand jury here in April, 1918, resulted from the de- portation from Bisbee on July 12,1917, of 1,1S6 striking copper mine work CTS and their alleged sympathizers. The indictments, which charged con- spfracy to deprive citizens of the United States of their constitutional rights, were returned against the fol- lowing men:
 Names of Parties Billed
 Walter Douglas, of New York city, president and general manager of the Phelps Dodge corporation, owning and operating the Copper Queen Consoli- dated mines in Bisbee and the Cop per Queen shelter at Douglas.
 Grand H. Dowell, general manager of the Copper Queen Consolidated Mining company.
 H. H. Stout, superintendent of the Copper Queen smelter at Douglas.
 Robert Rae, auditor of the Phelps Dodge interests in the southwest
 William H. Brophy, formerly gen. eral manager of the Phelps Dodge Mercantile company, now serving with the Red Cross in France.
 Major John c. Greenway, a mining engineer. now major in the United States engineer corps in France.
 Forr~er Sheriff Named
 Capt Harry c. Wheeler, of the United States army, forbfer sheriff of Cochise coU0tv. Arizona.
 Gerald !'itzo erald Sherman, super intendent of he mining department of the Corner Queen Consolidated Min ing com any.
 Capt. Tcsanh Park Hodgson, con- sultins eroinee~ of the Phelps Dodge corpoT ati0n.
 Lero"c' ". Shatttcly president of the U'9-'uoly-ArizOna mine and presi- dert Of he Miners and Merchants banl: nt~Ece.
 M T. 3rcrhy. general manage of the PHcI~s Dodge Mercantile com panv's stCrC in Bisbee.
 M. J. Cunningham, cashier of the Bank Of Bisbee, director of the Bank of Douglas, secretary and director of the Bisbee-Naco Water company, and formerly president of the Arizona State Bankers association.
 EmbezzIer in Prison
 Reuben A. Clampitt, formerly assist ant postmaster at Bisbee, now serving a sentence in federal penitentiary for embezzlement of postoffice funds
 Vance Johnson, chairman of the Co- chise county board of supervisors.
 Dr. N. c. Blersoe, head of the Calu- met and Arizona Mining company's medical department