Fitzgerald leader enterprise and press. (Fitzgerald, Ben Hill County, Ga.) 1921-1964, 1922-04-13
Address To Interstate Commerce
Comn1ission And Others

Against the propaganda which has
sought to persuade, and in many cases
has persuaded the public, that the de-
mands of the striking employees are
unreasonable, we make no protest and
ask neither aid nor quarter. Against
these things, as well as against the
unjust warfare that has been waged
against them in many ways, the strik-
ing employees will defend themselves
and this committee will give them
such aid as may be lawful. We will
stand four square fol- our own legal
rights and theirs, and we ask help
from no man and no official
bus we do protest against any mis-
use OF the powers of government in
aid to our advcrsaries, or in illegal
war On us. That such abuses have been
Perpetrated and are still in progress,
let plain narrative of facts determine
We acouit the Attorney General of
our country of any knowledge of the
wrongs done, or those intended. We
assume that he has been imposed on.
Just as the District Court was imposed
on We submit this narrative of facts
IN order that he may be advised of
now We have been wronged, and of
how the Constitution of our country
mas been violated in one matter. and
III the confident expectation that, as
soon as these facts are brought to
his knowledge, he will see that the
past wrongs are righted, so far as
they have been perpetrated by his ag-
ents, and future wrongs made impos-
slble, and that he will stand impartial
between conflicting interests.
AT some time in January or Febru-
airy, 1922, the Department of Justice
made some kind of contract or gave
some kind of appointment in connec-
ton with the matter, to an attorney
who had been for years in the employ
ment of the A. B. & A. Railway Co.,
and who, since the appointment of the
Receiver, has continued to serve as
attorney under that office. The nature
and extent of this official employment
or appointment we do not know, nor
do we know whether this attorney for
the Receiver took an oath to observe
and support the constitution of the
United States. We do not know
whether the appointment was made
on the departments own initiative or
terested person. We do know that the
attorney regards himself as author
| lied to perform functions usually per-
tanning to the office of the District
Attorney for the Northern District of
Georgia and that that officer &C
quiesces in this view, and permits the
| attorney for the receiver to appear be-
fore the Grand Jury and to employ the
powers of the office and use the pro-
cesses of the court unjustly and unlaw-
fully in the interest of the receiver,
and in violation of the constitutional
| rights of the members of this commit.
| tee.
Whether these two attorneys intend
in good faith to lay indictments before
the Grand Jury, or whether they in
tend. in good faith to prosecute an
investigation before the Grand Jury
for the purpose of ascertaining wheth-
er any law has been violated, we dc
not know. Whether the members Of
this committee are to be prosecuted
| as these attorneys intimate, we do not
know. And frankly we do not care
Conscious of the rectitude of our own
conduct, we are ready to meet them
in such lawful forum as they may Sc
lect
We do know and are prepared tc
prove, that, Immediately upon his en-
ployment or appointment by the De-
partment, the said attorney for the
Receiver resolved in his own mind
to get access to our papers and cores
pondence; that shortly thereafter he
and the District Attorney and the Re-
ceiver held a conference on the sub
ject and agreed on a line of policy;
that on February IS, 1922 he and the
district attorney caused subpoenas to
be served on every officer and mem
Der of this committee in charge of its
papers, calling them to testify before
the Grand Jury in some alleged Grim
inal investigation, that it was not in
tended in good faith, to have these
witnesses testify at that time before
the Grand Jury, but merely to hold
them in the court house for subse-
quent developments; that as soon as
they had been thus lured or forced
away from their office and were safely
in the Grand Jury witness room, a has
tily prepared duces tecum was served
on the lady stenographer of the COM
mittee, which subpoena had been orig
inally prepared for and addressed tc
caused to be altered by the clerk, (sc
great was their haste to act while the
real custodian of the papers were de-
tained) and addressed to her, calling
on her to produce IA vast multitude oil
papers which we never had, and wher
they well knew that she had no Gus,
tody of our papers; that under the
thin pretext of such writ, deputy
marshal, acting under the direction o.
the District Attorney and the Attor.
ney for the Receiver, proceeded tc
: seize practically every paper in oul
files, including checks and vouchers
for money disbursed in aid of the stri
kers and their families; that the Dis
trict Attorney and said Attorney fol
. the Receiver went in person to coun
sci, advice and assist in this 1awles;
invasion of our office and joined in the
; unlawful seizure of our papers, ant
: aided physically in carrying them away
with complete disregard of our consti
tutiona1 rights and in inexcusable vi
| olation of the law.
Although it was a matter of seriou!
| expense to US to recapture our paper:
: although we recovered them in a con
dition of great confusion and will
many of them missing altogether ant
although many of our checks anc
: vouchers have been lost or withheld
| causing great confusion in Our &C
counts, the wrong and injustice thus
done to us under color of legal pro
cess, would have been comparatively
f, endurable but for the use to which oul