Salt Lake Tribune | 1918-10-20 | Page 5 | Plan Defense of Tucson Men

PLAN DEFENSE OF TUCSON MEN Attorneys File Statement of Points to Be Argued in Demurrer. TUCSON, Ariz., Oct. 19. Attorneys for the United States government today to-day fil?d in the United States district court hero a statemeut of points to be argued by the government Monday when Judge William C. Morrow of San Francisco will hear demurrers to indictments indict-ments found by the federal grand jury against twenty-five prominent citizens as the result of trie deportation of more than 1000 striking copper miners and alleged sympathizers irom Bisbee on July 12, 1917. The derlfurrers are on the ground of insufficient of evidence. The statement says in part: "As to counts 1, 2 and 3, article IV, section 2 of the constitution of the United StateSj secures to citizens the right to remain in any state immunee from any but lawful coercion in the matter of their moyements, and from interference with their sojourn involving involv-ing unlawful deportation to other states. If the fedeTal government is supreme in its sphere, as it is and must be, these rights exist and their protection cannot be sought only in state authority. "As to count four: "The right of citizens referred to in the fourth count of the indictment is, we maintain, based upon not only article arti-cle IV, section 2 of the constitution, but upon article 1, section 8 of the constitution, con-stitution, and also grows out of the provisions of the selectivo draft act of May 18, 1917, imposing upon citizens the duty of registering at their home when wanted. The argument will be that these duties imply the corresponding correspond-ing power of protection to the registered regis-tered citizens and that a trespass upon them such as is alleged in the fourth count of the indictment, is a violation of the penal code of 1910."