The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1919-01-01
HUGHES LEADS
CABLE FIGHT
Former Supreme Court Justice
. Alleges Violation of Spirit
Of Law.
/
HAD NO RIGHT TO
SEIZE CABLES
Congress Authorized President
to Take Over Lines Only in
Case of Extreme Danger.

Case OF Extreme Danger.
| New York, Dec. 27.-In authoriz-
ing President Wilson to take over the
nation 8. cable lines, congress intended
such seizure to- be made "only in case
fof impending danger to the national
security and not Eat any time during
| the existence of mere technical state
of war" declared Charles E. Hughes,
counsel for the Commercial Cable and
Commercial Pacific Cable Companies
| in federaI court here today.
Mr.. Hinges made this contentlon
lwhi1e ;azsring before Judge Hand on
1.-THE motion Of the United States gov
ternment to dismiss the bill OF COM
fplaint in a suit brought by the two
! com pa,aies to enioin Postmaster Cen
| erai BIrleson and Newcomb Carton
from merging their lines under fed
1 eral control with those of the west
! ern Union Telegraph Company, o.
which Carlton is head.
/ At one point in reply to a question
3of Judge Hand as to whether "the Sc
dcurity of defense of the nation does
not depend on achievement of the OBJ
iects for which the. war was fought,
land not on the mere tern1naaon Oh
aghting. Mr.. Hughes said:
.I think what may he achieved. II
the sense of the final results OF the
war will probably not be determined
during our life time. I think that con-
]. gress had no reference to the ma
3tional security in the sense Of the alb
#solute establishment Of some cond!-
tons. Congress had in mind an actua
state Of applied force"
Previously counsel for the govern
ment, who contended that the United
States is the vital defendant and car
not be made party TO the suit. haf
challenged that part of the bill o,
Ecompiaint in which it is asserted that
Seizure of said cables on the grounc
ss-that they we're or are necessary for
the national security or defense, was
and is a mere pretext without sub
stance or basis in fact" This tmput-
ed deception to the president, declar-
ed Edward F. McClennon, special as
sistant 10 Attorney General Gregory
In opening his argument, Mr.
! Hughes recited that on November IS
Mr.. Rurleson had seized not only Is
Atlantic cables but 10000 miles OF
I Pacific cables-"all cables without
distinction operated by American
/ companies"
Mr. Burleson, continued MIR.
Hughes had given as his only author
! ity for that action the joint resolu-
ton of congress adopted on July 10,
,Ehich he added, was a limitation as
well as e. grant Of power"
''It defined the emergency in which
alone that power was to be exercised .
"It did not, on a reasonable con-
struction of that authority, empower
the president to seize the cables 1T
any time during the existence Of e
mere state of war II law as affecting
relations between peoples Of cour-
| tries.
"It was; power that had direct re-
lation to the existence Of danger to
the national security
After asserting that when the ca
| bles were seized, there was mo men
zee to the national security" Mr..
| Hughes said that he had been pres
| ent when President Wilson had told
! congress that with the arnistice ac-
| tually signed, the conditions it I'M
posed reduced Germany to a state Of
absolute helplessness.
Quoting the president as saying
that the war had come to an end, Mr.
Hughes asked:
What did he mean? He knew
shat the war had not ended in tech
| cical legal sense. but he knew that
.he potency of that war had gone, so
far US it was directed against the
peace and security Of our people.
Here again Judge Hand interrupted
/ to say that if the security Of the ma
ton is to be measured by the incor
poration Of Americas conditions in
theSternns Of peace. "surely all means
necessary 10 the achievement of that
Gnal end are necessary q
Then followed. an argument be-
-ween Judge Hand and Mr.. Hughes as
TO the meaning OF security" Mr..
Hughes. who asserted that Germany
will have to accept the terms of the
peace conference rs she did those Of
the armistice asserted that that Sc
curity-" means safety" and that the
word was s,sed in direct reference to
war. but that the court maintained
that such was "a pretty limited in
terprctation.'