Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-08-11

- NSSSNSh oFtIfsA ltssto MlNb1.
Galveston, Tex. Aug. l0-Gal-
weston, birthplace OF the commits
sion form of government, this
morning became the scene OF a
legal battle unique in Texas annals
when Frank S. Anderson, city at
torney, acting on behalf Of its de-
posed city commission. appeared
before Judge Robert G.. Street of
the Fifty-sixth district court. in the
preliminary hearing OF the city's
suit to enjoin the enforcement OF
martial law.
The defendants, Gov. W. p.
Hobby, Brig. Gen. Jacob F. Wolters
and every officer and private on
duty in Galveston" were represent.
ed by distinguished array OF legal
talent from the attorney generals
office in Austin.
The coastwise longshorenen's
strike, out of which grew condi.
tions leading up to the declaration
Of martial law. June z, was called
early in March. The strikers ask
ed advances in wages. improvement
of working conditions and to be
placed on parity with deep-sea
After several at
tempts at negotiations the wafkout
settled down TO test of strength.
The petition filed by the city on
behalf OF four city commissioners,
A. r. Norman. j. c. Purcell. j. II,
Gernand and George F.. Robertson.
charges that the "acts and conduct
Of the defendants We're in pursu-
ance of an Illegal and unlawful
conspiracy. entered into between
said defendants and certain other
persons whose names are at pres
ent unknown to these plaintiffs, to
and coerce the citizen
ship of Galveston and bring about
the institution OF what Is known AS
the open shop"
Mayor II. o. Sappington. the
fifth member Of the board OF city
commissioners. 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 congregating of citizens upon
the streets. This order, along with
various other orders emanating
from military headquarters, the
petition declares. lis wholly void
and of no effect"
In denying Governor Hobby's
statement regarding alleged riots.
insurrection and breaches of the
peace.r the petition says:
The plaintiffs allege that no
riots, Instructions or breaches of
the peace occurred previous to the
invasion of Galveston and there-
fore the sending OF troops here for
purpose of protecting non-union
1ockworkers was wholly unneces-0
sary and an insult to the CITIZENSHIP
Of this city t.v
Referring to the governors exc
cutive order of July is. which sus-
pended the entire police and detee-
i've forces and the recorder Of the
court. and partially
the. mayor. city attor-
1ey and board Of city commissions
RS, for alleged failure, refusal and
neglect to enforce the laws OF the
,ity, the petition states since no
lot or instruction occurred. none
,ould be suppressed or put down
md no one could be apprehended
or participation therein"
Governor Hobby's charge that |
he city authorities mot only failed |
o render aid and assistance to
General VOTERS. hut by
heir acts and words aided and end
outraged the lawless element of the |
ity," is emphaticallya denied. the
EDITION asserting that the city had
ndeavored in every way to Coop
rate with the military authorities.
Considerable interest was mani |
est today in the excepted rejoinder
" the attorney generals office.
hat the port OF Galveston. eonsid-
red as public utility, was as
nuch the property OF the state at
irge as 1t was of those residing
ere. was expected to be one of the
ro,, M vyfe q dua r1cas5 ~, tho sfota