The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-08-11
court REFUSES TO
OUTLAW MILITARY
RULE IN Mill CITY
Decision Denies Injunction by
Ten Employers Protesting
Use Of Troops
DEFEND PLAINTIFFS STAND
Jurists Say Substantial Reason
For Belief Olson Trying to
Coerce Them
DEFEND PLAINTIFFS STAND

Minneapolis, Aug. II. The
United States government Saturday
refused to outlaw Gov. Floyd b. Oh
sons military rule In the truck driv-
ers' strike by denying an injunction
to halt its continuance rs demanded
BY 10 protesting employers.
Unanimously signed by three
judges. the decision upheld the gov
ernor's authority to take over the
city under military rule and admin
ister the city's affairs as he saw tit.
I'VE must recognize that he has
wide discretion In determining the
means to be used in the restoration
Of law and order" said the decision.
while there are limits to his dis
erection, we do not feel justified upon
these applications for preliminary
injunctions in making finding that
In issuing his proclamation and or
ders he has SO utterly disregarded his
duties as governor and commander
in-chief Of the military forces Of the
state as to have been influenced
solely by the desire to coerce the
plaintiffs into the acceptance Of a
settlement which they consider UNI
reasonable and which they were un-
der no legal obligation to accept" the
court held.
The court, Judges John B. sauborn
OF the circuit court Of appeals, Gun
mar H. Nordbye and Joseph w. Molly
neaux Of the federal district court
said Of the governors action in lin
tttng truck movements to those own
er3 carrying necessities or those SUBJ
scribing to the Haas unnigan peace
plan:
See Coercion by Olson
I'VE are Of the opinion that there is
substantial foundation for plaintiffs
belief the governor Is using his powers
for the purpose Of coercing them into
an acceptance Of the -Dunnigan
proposal and there Is nothing in the
situation as 1t has been presented to
US which indicates that timely order
directing the adjutant general to use
the military forces Of the state in
assisting the civil authorities in Min
neapolis to restore law and order in
that community and to see that all
persons who were lawfully entitled to
use the streets and highways of the
city should be protected from mob
violence and unlawful actions, would
not have accomplished all or more
than has been accomplished by martial
rule"
However. the decision continued,
the duty Of enforcing laws here un-
der the circumstances was q duty
which rested upon the governor and
not upon the courts"
The employers, in attacking the
legality Of the governors military rule,
claimed he had no power to restrict
the movement Of trucks.
while the courts are open and
while the civil authorities are still
functioning, although unable ade-
quately to cope with an outbreak Of
violence" the opinion reads, lis q
question, the final determination Of
which must rest with the supreme
court Of Minnesota. In the absence
Of the determination Of that question
by that court, We are not prepared to
say that the governor does not have
that right under the constitution and
laws of this state"
The opinion emphasized that, "un-
der military rule, constitutional rights
Of individuals must give way to the
necessities Of the situation and the
deprivation Of such rights, made nec-
essary In order to restore the COM
Continued on Page 81