NEW MILITANT PAGE SATURDAY, DECEMBER 21, 1935 Defense Forces Appeal Denied Cal.
Class War Victims Rally Against Anti Labor Repression Stop Limping! Start Walking! Mpls. Labor Protests Jailing of Al Russel Tampa Case Bag om el centre personen court problems, the Reverse Fargo We belteve we apenk for every class war prisoner Convictions Courtroom to demonstration of United Front MassMeetto Proposed Fight Darger Scottsboro Three Harlan To Herndon Once all the joint committees include the four arm of the employing class, the state and all defense organizations the LD. the L, and ar its institutions, cracks down on the workers of the ILD. and the everybody with a sense of the practical would begin to think about central Sacramento, Minneapolis, Atlanta, Harlan, Fargo, tzing the work of these various bodies. It the comNorman Mint, Prisoner 67606 in Henderson recently obtained Brooklyn, from coast to coast, polloe, Judges, vigil bined forces of these groups could first be thrown together into the struggle on behalf of these out Resentment MINNEAPOLIS, Nov. 10 A1 Han Quentin, and his fellow work from the District Court of Appeals antes combine to persecute, not only revolutionists, Russell, arrested on the picket line ers who were sentenced with him in Sacramento a mandamus order. but unlon organizers, strikers, unemployed asking standing cases, on the basis of a twin polley of sound at the Strutwear plant during the to 14 years for union activities, is ing the county clerk to turn over for relief, and even Modern Democrata. who dare legal action and organized mass support along milltant lines, the American working CIASS would come Nationwide in attempt to reopen it with federal being denied the right to appeal the transcript to him. The clerk to buck Tammanylped city administration in Tampa megal arrests, frame up trial, dental of protection (under gulse of a fake a long way forward from tre state of internal dishis case, according to a statement theo came to the district court and replevin suit. came up for trial unity in the defense field which accompanied the Just Insued by Herbert Solow, See had the mandamus declared null appeals on technical grounds, abduction, beating, retary of the National Sacramento and vold. He argued that he could murder. all in the name of Justice, democracy. third period of Stalinism.
on Mondey, December He had Appeal Committee.
not determine who is the defen law and order.
The eventual creation of a militant mass defense been confined in gall for ten days Mini, who was charged with dant and therefore could not leThe news reports on this page indiepte, not only organization, embracing all the organized groupings TAMPA, With labor pro under heavy ball. He was first criminal syndicalism but was guilty gally turn the transcript over to the need for a powerful unified defense movement, in the labor movement, has been advocated by the tests thronghout the country pour held without charges until a writ only of union activity and opposi anybody. The court conceded to but the fact that for the first time in many years for almost two years. We have supported Ing in on him, the mayor of Tampa se habeas corpus sued out by the tion to the existing social order, him, and he is sitting tight again. some morsure of unity is being achieved on defense their efforts to build such an organization from the Unless Henderson wins his Aght teues Joint committees are functioning in the was the victim of an anti union very first.
has suspended alx policemen and sulted in this technical relense and drive organized by the California in the Supreme Court, the whole Sacramento, Tampa, Herndon, Harian and other Who, then, is blocking the road? First of all, the one fireman involved in the murder immediate rearrest on the charge State Chamber or Commerce and case is tied up and innocent men CR8E8 Each committee Includes several working Communist Party. Without going into the past, let of Joseph Shoemaker, and the sad of criminal contempt. At the rethe Assocated Farmers, Inc. There must sit in prison because they are class currents. Some already have signal victories us look at the present. Last week the Daily Worker Istic beating of Rogers and quest of the United States district organizations, which, as the being denied the right of appeal to their credit.
carried an editorial balling the triumph of the united Poulnot, Socialists and mem attorney, who apparently had no We greet this development as a heartening sign Such a situation, somewhat sim has proven, have a secret fund defense movement in the Herndon case and urging bers of the Workers Alliance, un charge, the trial was postponed up to finance the prosecution of union star in a general way to the situe of progress in the defense field. Credit belongs to the extension of this defense unity to the which employed organization.
organisers throughout California, tlon Angelo Herndon found him the LD. which we endorse and support, for the Terre Haute and Scottsboro cases, ces in til December 19 are using thelr influence on the self in when the Supreme important part it has played in promoting this move the victims are members of the Socialist or CommuOrganized by the Committee for all was reduced from 2, 500 to nist parties courts to prevent Mini and the Court refused on flimsy technical ment. United defense activities were initiated locally 500. Then later in the day, after other Sacramento prisoners from grounds to hear an appeal, would in, New York by the LD. in the victorious the Defense of Civil Dights in this bail had been procured, it was But the Stalinuts failed to mention the skeleton Tampa, the labor protests included automatically raised again back to upsetting the illegal verdiet dictat. be very much to the satisfaction of Robins Gras campaign, and on a national scale in in their closet, the Sacramento case, in which Nored against them by reactionary the California employers organix the National Sacramento Appeal campaign man Mini, a member of the Workers Party, is in warning by President William the original erorbitant figure of forces which controlled the Sacraations who plotted this frame up in Today there exist a whole series of united de volved. Can anyone take seriously the stalinist call Green of the of that the 2, 500 It is evident that powerful mento jury.
the first place and who are now rense committees on separate cases. But almost all for defense unity so long as they continue to slender next union convention, scheduled influences are at work to keep No Transcript Provided The 18 doing all they can to make the 11 of them Ump a bit organizationally.
and split the defense movement in the Sacramento for Tampa, would be moved else by to intimidate other pickets in Alfred Russell in all and there The entire Sacramento appeal is legal, railroadink convictions stick, abent from the National Sacramento Appeal Com case?
where in the outrage is white the carefully prepared and well adnow being held up, no copy of the Henderson would then go into mittee because it refuses to unify the defense. The The Socialist Party must also bear part of the washed transcript being provided by the court and seek to free Mini on the LL. 18 not on the Tampa Committee because the responsibility for the present chaotic state of affairs.
To put teeth into this vertised conspiracy to reopen the state. As a result the attorneys in Srounds that he is euaranteed Socialist Initiators of the Committee have refused to by the laws of far to invite them. The is absent from the the case can not prepare their e right to that he is being Kentucky Miners Committee because the Harian In the first place they refuse to admit the stalinist warning, the Committee is contact Strutwent plant and break the California, but defense forces into several Joint committees. In ing all internationals and local strike of the hosiery workers Francis Heisler, the noted labor briefs and no date has been set to denied it in effect by the tallure prisoners have not yet forgiven the Communist Party the second, they violated, without explanation, the unions for passage of resolutions hear the appeal of the State provide Mint or his its wrecking tactics in Harlan County a few years agreement they had signed with the LD. and directed at the Tampa authorities, attorney of Chicago, and Gilbert The Sacramento trial ended April attorney with a copy of the trade ago. Both the and the Socialist defense forces other labor groupe, for the creation of a non partisan Taking no stock in promises of Carlson appeared in defend to 1, with the conviction of elght de script of trial proceedings are missing from the Ferrero Sallito Committee tendants. Immediately after the labor defense, and proceeded to form a partisan an Investigation by local authori. Russell. This formidable legal bat The General Defence Committee (1. and Labor and Socialist Defense Committee.
ties, the Committee for the Detery bad been retained by the Non conviction, Juror Howard Mc Whole Defense Affected Should Henderson win this legal This is an intolerable situation. The amputated the alone are in an these joint bodies.
Intire gave to the Non Partisan The drive for Industrial unionism, if it is sert tense of Civil Rights in Tampa has partisan Labor Defense which is ourly pubed, will bring with it in the not far dissent its own investigators to the in charge of the case.
Labor Defense an afidavit affirm battle at any stage, it would be a character of most of these committees detracts from tant future a new outbreak of labor struggles. spot.
The persecution of Alfred Run ing that the verdict was the result great victory for the entire de their strength and efficiency. The fact that in a Workers will be bounded. Defense will be needed.
sell has become a public scandal The Non Partisan Labor Defense, and the case is attracting wide at of an Illegal horse trade fense The and its defend number of the committees Herndon and KentuckyIf the working class is to be in the best possible the League for Industrial Democ tention. This was attested to by Judge Dal Lemmon refused ants would benefit along with Mini. the control of the policy is vested in only one organ position to handle these Should the State of California, ination, with the others acting as auxiliaries, has eration among the various defense bodies must be mittee, the Dressmakers a motion fo a new trial and sent existing coopracy. General Defense Com the presence in court of a large the prisoners to San Quentin and pressed by the organized employ rendered dificult the coordination of the legal work extended and the policy tightened up in the direction Board and other organisations are bor leaders, including Alexander Joint number of union members and taTehachapi. The court af militant action.
falled to prepare the transcriptsble, the tesue will have to go to Despite these and other weaknesses in organizathe constituents of the Committee. McKeown, first vice president of In the Theatre Union drama. Mother, the within the time set by law, and the the Supreme Court.
the American Federation of Hos.
Russian workers sing: Judge gave him several extensions. event, the California bosses are fende work is a step in the right direction. But In any tion and policy, the new development of joint de Good! We have the crust, lery Workers. large crowd of The appeal attorneys could not be compelling a long delay in the ap is time these various committees stopped limping But where the loaf Strutwear strikers, prondly wear ing their union buttons, were in the the transcript was turned over by sit in prison even without due procto march together toward one unified defense organ gin work on the transcript before peal, forcing Innocent workers to along with one leg shorter than the other, and began when we say just this about the state of the defense the court clerk to the country clerk ess of law. The judge, of course, imtion.
solidarity with movement today.
in October has refused ball despite the out Demund Strutwear Show Books The law of California provides rageous delay in the appeal proFARGO, Dakota. The State Attorneys Helpler and Carlson that the County Clerk should give ceedings caused by the attitude of Negro liberal and trade union ele Supreme Court has reversed the are turning the defense of Russell ments one copy of the transcript to the the state itself.
We then maid that only convictions of three Fargo team. into a legal offensive against the Attorney General, another to the It goes without saying that the through broad, militant tactice sters union leaders, but uphela maneuver of the Stratwear outfit We prosecutor, and a third to the de employers gratification at this sit could this case be won.
the convictions of teen union to break the strike with the afa of still feel the same way, and stand fendant or his attorney. The clerkuation could have been prevented going members in a long delayed ded. the federal courts. They immediately went out the two copies of the LD. had agreed to a union ready to help with all our fortes.
sion handed down last week. into court with a motion for a submarked for the state officials, but fied defense In that case, all the The eighteen trade unionists had poena duces tecum, requiring the made no move to send a copy to defendants would have been repre.
been convicted on the charge of Strutwear company to produce the defense.
sented either by one attorney or by rioting, arising out of a bitterly their books for examination by a LD. Splits Defense joint attorneys, and cooperation fought strike last winter certified public accountant. The Miners Freed spring. On the pretext of seeking object of this action is to get at Due to the flat refusal of the would have been simple Moves are under way toward The State of Georgia having filed pickets who had violated the local the bottom of the ill emelling re Tinternational Labor Defense to As it is, the fact that Gallagher has agreed to cooperate with Hento bandle the Scottsboro case in its setting up a new joint committee an appeal against Judge Hugh ordinance, police and vigilantes at plevin action under which United decision upsetting the tacked the union hall with tear States marshals were brought into make a joint appen bt Along derson in sharing the one copy of boys have been reindicted hght by the General Infense Com chain.
with the Non Partisan Labor De After a four and a half year Dorsey stage.
the transcript if they can ever get fense, the appeal is split into two it out of the county clerk hands, in gang sentence in the Angelo gus and guns and arrested over the situation, and to ascertain The mittee of the three of the Herndon came, the Negro victim of ninety strikers. The North Dakota whether the writ of replevin was parte. Norman Mimi is represented and will be tried in a short time ły Attorney Raymond Hender does not help, because even a joint It seems clear that all or almost seven Harlan minere serving Me the Georgia reactionaries, is again House of Representatives Nube moused or not.
application by Henderson and Ga quently adopted a resolution de HOT of Bakersfield, California lagher would be futile, since several all of them have repudiated the sentences in the famous Battle or in danger.
The fight on Herndon behalt nouncing the rald and those judges Evarts cases have had their senleading legal fighter crim inal syndicalem. Hennically not represented by Gulcerned, and have put their faith as far as legal work is con cum of the defendants are tech tences commuted by Governor Lat. Launched by the Joint Committee who had granted injunctions in derson is retained by the National in Samuel Leibowitz, called into foon. The three released on parole to Aid the Herndon Defense of violation of the state anti injune Sacramento Appeal Committee.
gher.
are elghty year old Bm Tightower, which the is an active tion law.
the case two years ago by the LL. Passive which includes not only the D)which was later kicked out by William Hudson and Elle Phillips, constituent, is being continued.
The Non Partisan Labor Defense mass meeting has been called for Negro miner. hint also the League for Indus The obstructive attitude of the aim.
affidavits New eyidence and Fylday night. Dec. 20. in St. Nich provided attorneys and funds to trial Democracy, the General De 1L is further illustrated by the Labor her Leibowits has had the formal Successfully fight the injunctions. The Department of ola Arena, Sixth Ave. and 66th Prancis Heisler, noted Chicago at fense Committee and ten other na fact that they play down the news backing of the American Scotts proving the innocence of the men, St. At P.
made its Christmas present to Vin Herndon will be tonal organizations of this hold up by the state. What boro Committee, created by him, as well as backed up by a strong Julius Hocb torney, was provided by the cent Ferrero and Domenrek Salt Several of the other prisoners little news they print about it 1a roup of Negro clergymen, and pressure campaign upon the Gov. Jone of the speakers.
LDas cher counsel representing to The Bureau of Immigration TV represented by Ln Gallagher. distorted in order to conceal the Publisher who has been retained for their act that the and Hender sterdam 19 of the scab Amernor, finally forced him to free of Dressmakers, will preside.
man, chairman of the Joint Board the strikers in numerous cases, and handed down decisions last week The State of the prisoners. On announcing the The action of the state of carried to the Supreme Court an that these men, held since Aprli, appeal by the LL. The sitnation son have already gotten busy brenk Alabama, through its is additionally complicated by the ing the log jam, while the LD, spokesman. correspondent John centroflictan to have said: won do ang mord Georgia in appealing against Dar appeal against the conviction of 1934, have been given until Decem and Dec. 27, respectively, to take the elghteen union members.
fact that a number of the prisoners forces remain pulve except for Temple Graces of the New York started the ball rolling by releasing on the Harlan miners cases. Pre sey decision that, because of from this Vaguenens, the 1868 insurrection President William Cruden, ser voluntary departure belongine to the Communist Party publishing in pamphlet devoted in Times, has offered Leibowitz a torce of the heroined the next law used against Herndon is un and advised on defense tactics by part to lying attacks on the deal: the boys will not be killed 11 Governor show where he stands retary Austin Swalde, and Hugh country. No charges stand against the ILD. represent themselves Mini, and his trial attorney. all radicale, liberals and northern Hughes of Local 173 were those these mer save that they rented of political differences within the whose sentences were reversed. part of their premises to a publica rather than have an attir Albert Goldman.
ers get out of the case, and if it is in the fuck to his sector. The ruling class of tion the Administration does not itself.
new trial has been ordered The Sacramento County Clerk The LL. united front de defended as a straight rape case recently organized Kentucky Min Thorsey action took place against years in any state that there have of freedom of speech and freedom This is the first time in four like. The case involves the right refuses to deliver the one available tense conference does nothing to which It never was.
copy of the transcript either to support Attorney Henderson fight.
ers Defense Committee compris a background of mass agitation heen any reversals in labor rind of the workers pres. The Italian allagher or to Henderson, on the In addition to pushing the legal Roger Baldwin of the American ing the Non Partisan Labor De which became effective after the ing conviction.
government has refused to give grounds that he would then be re night on the question of the tran civil Liberties Union has addressed fense, the League for Industrial LD. decided to abandon its mon Ferrero his plussport; his return sponsible for not having delivered script, the continues it to the Non Partisan Labor Defense Democracy. the American Civil opoly on the Herndon case and can FARGO. Dec. 15. At to Italy would mean almost certain it to whichever one he cmitted work rallying mass support for the letter which asks whether the Libertier Union, the National Com in aid. The Joint Committee meeting of the Fargo Branch of imprisonment or death Moreover, he will got deliver Sacramento prisoners. An appeal will consider an invita mittee for the Defense of Political brought new elements into action the today it was decided As time to save these two tuen even to Gallagher and Henderson is being sent to onions throughout tion to enter united front on the Prisoners together with the Gener for the first time, and the Hern. to give full support to the night of crows short, the campaign carried jointly because he contends be the country asking them to adopt the National Assn for the drive to make the incoming sov. Talmadge faction of the Georgia preme Court bad reversed the sentere. Last week emateating Scottsboro case along with the al Defense Committee, has launched don issue began to be popular. the convicted Fargo strikers for on the Ferrero Sallitto Defense night then be held responsible by resolutions to be sent to the Call Advancement of Colored people, ernor release the other four miners Democratic wants to take porners against the three leaders or at the Rand School, attended bg Neither the Roosevelt nor the freedom. The fact that the Su Conference has become more inthe LD. defendants who are torta officials demanding the free the National Urban League, the still in Frankfort Penitentiary by the responsibility of Herndon being Local 173 does not satisfy the several hundred workers Technically represented by dom of the eight Sacramento unlon LL. and the Gallagher.
organisers.
Christmas Court Nullifles Writ The Los Angeles branch of the The LD. National Executive The National Executive Board of on chain gang when the fight workers of Fargo or the The court clerk refuses to pro National Sacramento Appeal Com Bord had not yet acted on the in the LD. rent the following for the 1986 Presidential nomina which organized the defense fight. ations participating in the case, to vide any extra cuber of the transmittee has fast held a mass meet vitation at the time of going to telegram to Governor Chandler tion, wich each one covets in the An appeal will be made for a re cluding a representative of the Nonme of liberty, begins seriously hearing of the crae Attorney Partisan Labor De Defense. resolo behind the fact that the law ways lum. large crowd of workers Novack of the LD. Board, bor attitude of any new Kentucky cript, and the county clerk. hiding ing on the case in Walker Auditor press, but when interviewed by a Monday One Important test of the la Consequently, Dorsey, while main Francis Heisler will have charge of tion protesting the deportation was the www shall be delivered to the attended to hear Dr. Harry taining that there should be a law the legal work. It is believed that sent to the Department of Labor defendaut (singulari will do nothlalller, chairman of the made the following statement. Rovemor in his attitude toward on the statute books which, be the prosecution, angered by the re and plane laid for an interisive ing to make the cont clerk provide Tue to the added legal stepe We will certainly go on siding the four innocent Harlan miners cause it is the opposite of vague, Ristance of the workers, will try to drive to flood the desk of Francen extra copies.
hersitated by the tie up of the the Scottsboro boys in any way now In Frankfort prison Our will put all radicals and labor or re convict the three union leaders Perkins, head of the Department, With the approval of Attorney appeal, the needs addi. we can, and that means consider members throughout the country ganizers on the chain gang, let freed by the Supreme Court. The with protests from trade unione Gallagher. Attorney Henderson 1stional funds. Funds and resolu.
ing any invitation to sit in a Joint Herndon go.
join us in calling for an immedi.
union leaders and rank and Ale, and other labor organizations, lib Dow going to the Supreme Court of tione calling for the release of the committee We are anxlous to ale conditional pardon. We The State solicitor, representing however, are solid in this Agbt for eral groupe individuals California in an effort to break prisoners should be sent at once to see the exho basks of the pro want the Harlan miners ou by a rival faction, appeals the case. the liberation of all the strikers.
Efforts to save these men will Christmas open the jam in which the sacra the National Sacramento Appeal posed committee. On our Board Each faction is trying to put on aim also at smashing growing mento Appeal Committee now finds Cunmittee. Room 707. 41 Union are half a dozen people who were NEXT ISSUE use of the government of the wear All labor organizations are urged the other the onus of keeping Hernactive in the Scottsbero esse al.
Square, New York City.
itsell to send similar telegrams to Gov. don on the chain gang. The liberty on of deportation, a vicious weapon most from the start ernor Harry Chandler, Frankfort, of an innocent man is thus pothing An Answer to aimed against the thirteen million More than two years ago they Kentucky. Only further organized but a political football for Georgia Aliens and foreigo born in this Read!
raised their voises on behalf of effort and persistent mans pressure demagogues.
lavestone country, and particularly against the idea of broadening the Scotte can turp the partial victory into a Hie freedom can come only the militants in the labor move boro defense to include Soolalist, complete one.
through the pressure of the masses.
Rombast ment. Union Smashing in Sacramento: The Truth HERNDON VICTORY MEETING HEAR By HERBERT SOLOW ANGELO HERNDON. NORMAN THOMAS. MURRAY BARON 32 paprs cents per copy. Reduced rates for bundler HERBERT SOLOWANNA DAMON and others Order from the NATIONAL SACRAMENTO APPEAL COMMITTEE SPEAKER: FRIDAY EVENING, DEC, 21, 1935 Room 27, 41 Union Square, New York City MAX SHACHTMAN Irving Place 15th Stree ST. NICHOLAS PALACE, W. But Sh, HEP FREE THE SACRAMENTO PRISONERS!
Admission 25 Just returned from tow of United States mad Mexico Ausplos: Joint Committee to Aid the Herndon Defense Ampleo: Detalet, W, P, Order FerreroSallitto Deported About the Criminal Syndicalism Tria!
The PEOPLE FRONT SUNDAY DEC. 22, p.
Can It Stop War, Fascism? IRVING PLAZA HALL