The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1919-01-15

! CABLE co. PLEA FALLS
ON DEAF EARS
Injunction Suit to Restrain Post
master General from Taking
Over Lines Dismissed by Fed
eral Judge.

New York, jan 10.-The injunction
suit brought by the Commercial Cable
Company and the Commercial PacIflc
Cable Company to restrain Postmas-
ter General R,lrleson from taking over
for the government their respective
ca able lines and merging them with
lines controlled by the Western I'm
ion Telegraph Company, was dismiss
ed today b. Federal Judge Learned
Hand. Counsel for the companies an
nounced that an appeal would be tax
en-.
Judge Hand decided the case on its
merits, passing without decision the
jurisdictiona! point raised by the
United States district attorney, VINO
cor,ended that the suit could not be
maintained on the ground that 1t was
directed against the United States,
and in effect against the president.
Taking up the claims Of plaintiffs
that the seizure of the cable lines on
November 1G-fvc days after the
signing of the arnlistice was not JUS
tilted, the joint resolution OF July
16, 1918, authorizing national secur-
ity and defense, and that the resolu-
! ton itself was not sufficient war
rant for the seizure. Judge Hand de-
c:ded both claims adversely.
Commenting on the contention OF
counsel for the cable companies that
the necessity for seizure within the
meaning of the joint resolution had
terminated with the signing of the
! Il.
The resolution expressly extends
the powers until peace has been de-
clarcd. Had they (congress) intended
chat a suspension OF hostilities should
terminate the right. they would not
! have said precisely the contrary.
The right Of congress to authorize
such q seizure by the president was
/; justified by Judge Hand on the GROUND
thlt as commander ii chief Of the
arnyea forces OF the nation the presi-
dent was permitted by the constitu-
ton to hold either money or prop
cry TO be used for the national de-
! sense
Touching on the alleged inadeluacy
CT provisions in the joint resolution
! for compensation for the seized lines
and the claims that Mr. Burleson was
partial and was seeking to bring
about government ownership OF the
lines, the court said:
,, The allegations touching the par
TALLY of the defendant, Bur;eson, are
irrelevant He Will not make the pre-
Iirninary estimates of the conlpensa-
ion due, but the president. who has
not even deputed the defendant to
act for him. Even had he done so,
the final decision rests with him. But
the whole question is irrelevant in any
case because Of the resort given 70 the
court OF cleims.''
Following the rendering of the de-
cision, William J. Deegan, secretary
Of Mackey companies, issued a state
ment announcing that an appeal
would be taken at once.
There is one phase Of the decis-
ion, however. which IS exceedingly
gratifying" he said I'VE allege in
our bill Of complaint that the dele
cation of authority by the president
~ Burleson was illegal. The court
practically sustains that point and
that, applied to our land line sys-
tenn. knocks out the award of COM
pensation Of s1,6S0,000, which Bur
leson gave U.s. although we earned
$4.269, 600
This award was made by Burle-
son alone and not at all by the pres
ident, so this decision by Judge Hand
would appear to invalidate it"