Evening star. [volume] (Washington, D.C.) 1854-1972, 1953-02-08
Arnold Drivers
Sue Battle and
State Aides
9 Operators Seeking
$13,500 in Damages
In Wake Of Strike

w. wv -
Nine Arnold Bus drivers yes
terday fled suit in Richmond
for SIS, 500 damages against Gov.
John s. Battle and six other
State officials alleging they were
illegally prevented from return
ing to work January 10 while
the State operated the bus line.
The suit was fled in Rich
mond Circuit Court. according
to I. ]. Gromfine, an attorney
for Division 1919. Amalgamated
Association Of Street Electric
Railway and Motor Coach EN-
ployeS of America.
Mr.. Gromfine said the men
are asking $500 each for
''loss of earnings, inconvenience,
hardship and anxiety"
Seizure Called Illegal.
According to the unions at
torney, the men are all veteran
drivers Of the company and will
return to the work Monday
when the company takes over
operation Of the lines from the
State.
The State seized the lines in
December when the bus drivers
struck for higher wages.
The suit contends Gov. Battle
and the other State ofdcials
named participated in an 'in-
valid" and unconstitutional"
action in selling control Of the
lines.
Even If the seizure were con-
stitutional, the State officials
violated provisions Of the seizure
act regarding the rights OF
strikers. the suit contends.
Disrespect Is Charged.
Mr.. Gromfine said when tho
nine employees attempted to re.
trn to work last January 10 after
the union voted to accept q new
wage agreement, the State
agents rejecting them alleging
they had shown disrespect to
the State authorities during the
strike.
Under terms Of union-com-
pany agreement. the nine work.
ers will be rehired and restored
to their seniority status, Mr..
Gromfine said. The Is drivers
and mechanics hired by the
State on a temporary basis will
be dropped fro mthe payroll.
Besides Gov. Battle, the suit
also names as defendants three.
members Of the State Corpora
ton Commission-Chairman H.
Lester Hooker, Ralph T. CATER
all, and w. Marshall King-and
three commission agents who
operated the State-seized lines
William G. Seibert, Charles H.
Ryburn, jr. and T. H. Fletcher.
jr.
Union Plea to Be HOnored.
Mr.. Gromfine said the suit was
filed on behalf Of Walter Lee
Hall, A. H. Johnston, Robert p.
Raymond, Wayne E. Pugh.
George r. Cross, Philip r. James.
A. w. Hayes, Franklin r. Payne
and Charles e. Mooney.
The union also is preparing to
press its fight to test the Consti-
tutionality Of the seizure law
whereby the Governor has au-
thority to take control Of a struck
public utility. A hearing is set
for March 3 on q union request
for a permanent Injunction
against use Of the seizure pro-
cedure.
Meanwhile. State Corporation
Commission officials estimated
the State will have taken in some
$150,000 in fares in the two
month period it operated the
northern Virginia line.
No Profit to State.
Indications were that it would
be a long time before the State
would complete q financial in
ventory Of the operation, the
Associated Press reported.
William c. Seibert. commerce
counsel for the sec, who di-
rected the running Of the State
seized line, said:
II don't think the State made
any money on the operation"
Mr.. Seibert explained that
many factors delay a final set
Element.
. According to the State public
utilities seizure law any profit
must be divided, IS per cent to
the seized company and IS per
cent to the State.
The possibility that there
might not be a profit had some
authorities asking questions
such as:
Who would foot the bill in
case there is a net loss?
How much compensation could
the company expect for the two
months of seizure?
The State law permits the
State or the company In the
case of a disagreement over A.
nancial settlement Of a seizure
to appeal for a decision to the
sec or to the State supreme
court .t'