Fitzgerald leader enterprise and press. (Fitzgerald, Ben Hill County, Ga.) 1921-1964, 1922-04-13

cured an order from the court enjoin-
ing the further inspection or copying
OF our papers, and this was served on
the said attorney of the A. B. & A.
Railway Company in the office of the
District Attorney before ten o'clock in
the morning, and he acknowledged
service thereof for the District Attor-
ney. Nevertheless, the photographs
copying continued all that day, the ex-
cuse offered afterwards being that the
whereabouts of the District Attorney
was unknown and that he could not
be notified of the injunction.
Certainly he knew on the morning of
the 18th that an order had been issued
to discontinue the copying for he ap-
peared in court and heard the oral di-
rection of the judge, then given. to
stop the copying and turn all papers
and copies over to the clerk. Never
theless we know and charge, and are
prepared to prove that the private sec
retary of the Ex-President Receiver
was engaged until late in the night of
the 18th copying our papers, and that
the hands of the clerk as late as the
23rd. Whether they have all been yet
surrendered we do not know, but the
facts warrant us in entertaining the
gravest suspicious.
Immediately upon the surrender of
our papers in open court on February
oath, the District Attorney and said
attorney for the A. B. &, A. Railway
and for the receiver thereof, caused a
similar subpoena duces tecum to be
served on the secretary of this COM
mittee, commanding him to bring be-
fore the grand jury on March lst, an
extensive and unreasonable multitude
of papers to be used as evidence in
some case alleged in said subpoena to
be there pending against himself.
When our secretary appeared in
court on the day named in said sub
poena to submit to the court whether
he was obliged to respond thereto,
and to move that the illegal subpoena
be quashed, and the attorney for the
A. B. & A. Railway Company adjudg-
ed to be disqualified to appear before
the Grand Jury, and when a number
of other persons similarly summoned
from other parts of the State appeared
to make like objection, the attorney
for the receiver, with the tacit sanction
of the District Attorney here present
escaped a judicial investigation and
determination of these matters by an
nouncing that the witnesses would NOT
be expected to appear before the
Grand Jury then in session, and thai
new process would be isued at the next
term of court.
And we do now solemn1y protest
and declare to the attorney general oil
the United States that these 1aw1ess
methods are violation of Our consti
tut1onal rights as American citizens
and that instead of these attorney:
supporting and defending the consti
tuition of the United States, as they
have presumably taken an oath to do
they have repeatedly and unjustifiably
violated it, and have wrongfully usec
the powers of the office and the pro
cesses of the court in order to do sc
and to our. very serious injury anc
damage. And if we are to believe the
threaten1ngs and boastings attributed
to them since in the press and not de-
MED by them, they intend to continue
their lawless policy for our harass
ment.
We declare fureher that it is agains
law, as well as against natural Justice
to entrust our prosecution in the hand,
OF partisan in the employ of GU,
adversary, and particularly so wher
the facts, herein mildly stated, demon
strate that the real purpose is to abus,
legal process and authority bv expos
ing our business to his client. We hav,
Just as much right to inspect the pa
pers. and correspondence of the ex
president and receiver, as he has IL
copy ours; and we earnestly insis
mat the Department of Justice MICH
Just as well take sides with us as wifi
him. 10 % VIII
We respectfully request the Attor
ney General to inquire through hi
own agents as to these matters .nr
determine whether the constitution ha,
Deen violated and the powers of tn,
government prostituted as we have
alleged, and whether in view of wha
mas already happened, he will permi
a partisan enemy of ours continued
opportunity to use the authority O
the government to do us hurt.
1t IS not the strikers who have beer
laWless. 1t is the railroad and tn,
receiver and the receivers attorney
Let inquiry be made. IF we or anv q
us are charged or suspected, LET law
ful process issue and lawful ino,,irv h,
set on foot; if the District Attorney
Office needs help for any reason. lie
an impartial attorney be engaged WIN
Will come 70 the discharge of his du
ty as fearlessly and thoroughly as ma,
be. desired; but let him be one who's,
mind is as open to the one side a. r.
the other. and who will seek to Wind;
cate the law against both sides. TT w,
are to be indicted, let it not be in ernn
ty and vaporing threats in the news
papers, but by the Grand Jury. Anc
II that body indicts, we refuse not t.
answer. We ask no aid and no quartz,
we know our rights and we will main
tain them fearlessly and openly If
court, where we ought 10 be iudget
and where we can be confronted wifi
the witnesses against us.
And while the inquiry is on foot
there are other things that should h,
inquired of. Let us suggest a few O
them.
Were the provisions of the Trans
portation act intended to operate fol
the control of labor only, or were the,
also to control the employers?
If they were to control employer.
equally, with labor can railroad com
pany evade this power by a colIusiv,
receivershipf
3 If it can do this, ought not tn,
TRANSFORMATION Act to be amended?
q What was the purpose behinc
the application for a receivershin fo
the A 3 & A P,i1,u.,rr