The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-08-06
court ACTION Will
TEST LEGALITY OF
TRUCK TRAFFIC BAN
Employers Charge Constitution
Is Violated by Governors
Edict
WILL PRESS CASE At ONCE
Claim Lawful Right to Use Of
Streets IN Conducting
Their Business

Minneapolis, Aug. 6.-R-Employ-
ers Monday appealed for . court in
junction to restrain Gov. Floyd b.
Olson from continuing military rule
In the city during the truck drivers
strike and attacking the legality Of
. new permit system supervised by
the National Guard on the governors
orders.
The action was filed in United
States district court by 10 business
concerns, which included Powers
Mercantile company, one of the lead
Ing merchandise stores here, and
Labelle Safety Storage company, one
Of the big transfer firms.
Two applications were made, one
asking . temporary injunction order
to be effective Immediately and the
other demanding . permanent in
junction against the governor and
the military.
The governor, Adjutant General E.
A. Walsh, and Col. Elmer McDevitt.
provost marshal, were named in the
petitions.
Federal Judges Gunnar H. Nord-
bye and Joseph Molyneaux signed
the order to show cause Why the
petitions should not be granted and
set hearing for 2 p. m. Wednesday.
The Legality Of the order closing.
streets to al trucks save those speci-
fically exempt and those given per-
mits to operate by the National Guard
will be attacked in the action which
will charge violation Of constitution
al rights.
Hold Right to Use Streets
Claims also will be made that the
governors action In allowing permits
to be issued only those firms subscrib-
ing to the Haas Dunnigan peace plan,
In addition to those also exempted In
the order, was unlawful since 1t pre-
vented other employers the right to
use the streets in lawfully conduct
Ing their business.
The action also will allege there was
no need for imposition Of military
rule. The governor, In declaring
martial rule, set forth there was
state Of instruction that might lead
to bloodshed and riots, necessitating
his military decree to maintain law
and order"
Only . few trucks were allowed to
move and their owners, under the
governors edict, effective one min
ute past midnight. must have per-
mits from the National Guard. All
military permits, under which some
]. 900 trucks operated the last few
days. were revoked.
simultaneously with issuance Of his
order. the governor said hints Of Q
revolt in the ranks Of the employers,
Of some 20 who, mostly product firms,
want to meet strikers demands. had
been conveyed to him.
The chief executive said he did not
know whether those 20 odd were
among q similar number Of truck
owners who indicated they would
apply for permits to operate by sub
Bcribing to the Haas-Dunnigan peace
plan and thus avoid restrictions he
imposed.
Guardsmen Enforce Rule
This decree said the governor, will
expose the chiselers." A few specific
truck classes are exempt from the
order, to be carried our by 500 na-
tional guardsmen. here enforcing mil
itsry rule.
The edict was put into effect when
strikers and employers were unable
tn reach an agreement In the time
limit Get by the chief executive. The
advisory committee stood
or their offer while strike leaders in
sisted upon adopting the Haas-Dun-
nigan proposal for settlement.
The Rev. Francis Haas and Z. H.
cunnigan. federal mediators, recon-
among others. reinstatement
o. employees without discrimination.
The employers offer provided to re-
lnstate from Z preferred" list Of
workers to be made up by them.
Strike leaders claimed this would
enable employers to ignore seniority
rights, which the union demands, and
keep 'scahs" on payrolls In prefer
ence to strikers. The employers also
refused to relire any striker known"
70 have been guilty Of IN unlawful
oct during the walkout.
Last minute efforts to effect : Set
Element failed.
Permits For Necessities
Permits must b had for trucks
carrying milk, ice. fuel, gasoline,
lrAaA. e.nenna0flikfAs fnr v,1ainh there