OCR Text |
Show AHGUE CASE OF CJIBLECONTBOL Counsel for the Companies Asks Dismissal of Complaint. 'K.V VOKK, Pec. 21. In authorizing ! 'resident Wilson t take over tli) na-l na-l ion's c;,ihl: lilies, confi"L-.s:i Intended such httizuro to hn niit'lo "only in case of Impending Im-pending riariRt-r to tho nut tonal flocurl-'y flocurl-'y ' imrl not "at any time during the ex-isioiii-e of il nifcro technical state of war," oi:lared Ctmrlo.M i: Hughes, counsel for i iic 'oinnicrclii 1 CaWe and Commercial f'a. irio r'aiiN; cjrnimn leu, ia federal court here today. Mr. llulu:.i made this contention while .Trailing liefore Judg.: Hand on tlio mo-lin mo-lin of tho United States government to dlfiml.-3 the hill of complaint in a suit hroiiKht by thtj two companies to enjoin I 'oh (.mast fir .en':ral Burl'-i-scm and New-'omb New-'omb ('arlton from nnriring their lineB under federal cont rol wit h thoHfj of the WcHtom Union Telegraph company, of which Carlton la head. At one point, in reyly to a. question of .ludge Hand as to whether "the security of defense- of t ho nation does not depend de-pend on achievement of the objects for which the war wan fought." and not on ; the mere termination of fighting, Mr. Hughes said: "f think what in.iy he achieved, in the .-.eiisa ul l he final rc.'fults of the war, will probably not be determined during our lifetime 1 f Link that, congress had no reference to the national security in the sense of the absolute establishment of some conditions. Congress had in mind an actual state of applied force." Then followed an argument between .fudge Hand and Mr. Hughes as to the meaning of "security." Mr. Hughes, who asserted that Germany will have to accept ac-cept the terms of the peace conference as she did those of the armistice, asserted assert-ed that "security" meant "safety," and that the word was used in direct reference refer-ence to war powers, but tho court maintained main-tained that such was "a pretty limited interpretation." Mr. McClennon said in his closing' argument ar-gument that armed operations are still going on and that it was proper that the government should decide the manner in which tho rabies are to be operated to tho best advantage. He added that the president had made the decision himself, him-self, according to his oath of office, and not the postmaster general. J udge Hand reserved decision. Both sides are to present briefs by next Friday. |