Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-08-10
GALVESTON ASSERTS RIGHTS.
Unique Battle on In City's Suit to
1 Enjoin Enforcement of Martial Law.


4 Enjoin Enforcement of Martial Law.
BY Associated Press.
Galveston. Tex, Aug. 1o.-GaIyes-
ton, birthplace of the commission
form of governm ent, this morning be-
came the scene of legal battle
unique in Texac annals when Frank
s. Anderson. city attorney, acting on
behalf Of Its depesed city commission,
appeared before, Judge Robert G..
Street, of the Irifthy-sixth district
court, in the preliminary hearing Of
the city's suit to- enjoin the enforce
ment Of martial law.
The defendants, Governor w. P.
] Hobby, Brig. Gen. Jacob F. VOTERS,
and every officer and private on duty
in Galveston" were represented by a
distinguished array of legal talen.
from the attorney generals office ia
Austin.
The coastwise, longshoremen's
strike, out of which grew conditions
leading up to the declaration OF mar
.'al law, June Z. was called early In
March. The strikers asked advances
in wages. improvement Of working
conditions and to be placed on
parity with deep -Bea longshoremen.
After several attempts at negotla-,
lions. the wallSou. settled down to a
test OF strength.
The petition fled by the city on be-
half of four city commissioners, "A.
r. Norman, J. G. Purcell J. III. Germ
and and George e. Robertson, charges
that the "acts and conduct Of .he de-
PENDANTS were in pursuance Of an
illegal and unlawful conspiracy.
entered into between said defe ldants
and certain other persons whose
names are at present unknown. to-
these plaintiffs. to intimidata and.
coerce the citizenship of Ga!vcstoni
and bring rbout the institution o:
what is known as lie open shop"
Mayor II. q. SappingtQn. the fifth
member Of the hoard Of city commits
1sionors. was not party to the suit.
General Voters first order upon
occupation {of the city, the petition
says, prohibited the carrying of arms,
the sale of ammunition or the con-
gregating of citizens UPON the streets.
This order. along with various other
orders enanating from military head
quarters, the petition declares. lis
wholly void und Of no effect"
In denying GoverLo or Hobby's state
cent regarding s'itlr ed riots, insur
rsctions and breach es of the peace"
the petition says:
The plaintiffs alIsge that no riots,
Instructions or breaches OF the peace
occurred previous To- the invasion of
Galveston and therefore the sending
Of troops here for purpose Of protect
ing non-union doskworkers, was
wholly unnecessary and an insult to
the citizenship Of this city,
Referring to the, governors execu-
tive order OF July Is. which suspended
the entire police and detective forces
and the recorder OF tho corporation
court. and partially, suspended the
mayor, city attorney and board Of,
city commissioners. for alleged fall
ure, refusal and neglect to enforce
the laws OF the city, tho petition
states "since no riot or irsurrection
occurred. none coul,i be suppressed
or put down-and no one could he
unprecedented for participation there
In" ~
Governor Hobby's charge that the
city authorities mot only failed to
render aid and assists to Brisa-
der General VOTERS, but by their
acts and lords aided and encoura red
>the lawiess element OF the city" is
emphatically denied, the petition as-
sorting that the city had endeayored
in every way to co.e,perate with theS
military authorities.
Considerable interest was manifest
today in the expected reioinder hy
the attorney gener,tl's Office. That
the port Of Galveston. considered 90
a public utility, was as much the
property Of the state at large as It
was OF those residing here, was ex-
pected to be one OF the arguments
advanced by the state.