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Proceedings of 2nd Congress of 3rd
International. A State Document.
Chronology of the Mooney Case.
The Long Shift of the Steel Slaves.
Letters - Briefs - Cartoons.
News - Comment - Editorials.
1. W. W. CASE TO BE DECIDED
IN D. UDPREME COURT.
PATE OF MANY GLASS-WAR FIGHTERS NOW UP
FOR LAST REVIEW.
(By The Federated Press)
Washington. With the filing in
the United States supreme court last
week of a petition for n writ of cer
tiorari, the legal battle, for the free
dom of William D. Haywood and
seventy-eight other membern of tht
Industrial Workers of the World, who
were convicted after sensational
trial in Chicago in 1918 on charges
of conspiracy to violate the Selective
Service (Draft) act and the Espio
nage act, enters in final stage.
The main contention in the peti
tion and the brief submitted in its
support, which were presented by
Otto Chriitensen, of Chicago, who
is associated "with George P. Vander
veer as counsel fo- the petitiontrs, is
Jh SfeiSfi used, by the
'federal agents, who seized tons of
books, letters, records and documents
of various kinds in more than fifty
simultaneous raids on September 5
1917, were invalid. It is contened
that neither the warrants nor the
supporting affidavits adequately de
scribed either the places to be raided
which included all the offices of
the I. W. W. and a few private resi
dences in sixty American cities, or
the things to be seized; nor did the
affidavits recke any facts showing
probable cause for the issuance of the
The petition sets forth that the
Circuit Court of Appeals for the
Seventh Circuit, which on October
6, 1920, affirmed the judgment of
the United States District Court at
Chicago, conceded the invalidity of
these search warrants, but got
around this defect in the govern
ment's case by a specious process of
reasoning. It is pointed out that the
documents, correspondence and re
cords seized were submitted to the
grand jury and the indictments re
turned were based upon this evidence
was seized for testimonial purposes
The use of these papers against
the defendants, it is contended, was
irrefutably in violation of the fourth
and fifth amendments to the United
There were five counts in the
original indictments by which ninety
eight defendants were brought to
trial and convicted before Judge Ke
nesaw M. Landis in April, 1918, but
one count was withdrawn from the
jury and two others were held by the
Appellate Court not to state offenses.
Of the two remaining counts (count,
3 and count 4) on which the seventy
nine petitioners now stand convicted
it is alleged that count 3 is "duplici
tous, indefinite and uncertain" and
does not state an offense.
It -is contended that this count is
duplicitous because it charges a con
spiracy to commit two offenses which
were incapable from their very nature
of being embraced in a single con
spiracy. "The first of these" says the brief
"was the offense of aiding and abett
ing certain persons to refuse to re
gister for military service on June 5
1917, pursuant to the provisions of
the Selective Service act and the
proclamation of the president issued
on May 18, 1917. Manifestly this
offense could not be committed after
June 5, 1917. Manifestly, also, after
that date, there could be no conspi
racy in any legal sense to procure
With regard to the other offense
of "aiding and abetting certain other
persons to desert the military service
in time of war," it is pointed out
that these "other persons" are iden
tified in the indictments a3 5,000
persons who should enter such service
in accordance with the provisions of
the draft act, or persons who could
not enter the military service until
after June 5, 1917, and who, there
fore, could not desert until after
Count 4 dealt with solicitations,
speeches, articles and pamphlets ob
structing the carrying out of the
draft act and of recruiting for the
military service. The principal ob
jection to this count, it is stated, is
that it fails to designate, or in any
manner to identify, the speeches
articles, or pamphlets so that the
defendants or the court might de
termine just which of the mass of
documents seized in the raids were
referred to or judge of their charac
ter. The defense of this case and of
two other conspiracy cases against
members of that organisation already
is said to have cost the I. W. W. ap
proximately 1225,000, and the organi
zation has raised about $500,000 in
Haywood and about sixty of the
petitioners, who were sentenced to
from five to twenty years in prison
today are out on bail. The others are
in the federal prison at Leaven
worth, The tons of documents seized in
the raids of 1917, which were used
in the trial before Judge Landis
have been certified to the Supreme
Court. This means that they do not
have to bt, copied into the printed
record but tha the original exihibits
themselves must be transmitted to
Washington. Their bulk is believed
to be greater than any aggregation
INDUSTRIAL UNCUS OF ACTION
URGED TO MEET UNEMPLOY
NEW YORK LABOR CONFERENCE PLANS COOPERATION OF WORK-
j ' ' ''Mill i i i . i - - ' i j .
N0-162' CLEVELAND, 0., SATURDAY, IRCH 12-th 1921.
mfm r f
IN THIS ISSUE ! H BkM8z- K I
PRICE FIVE CENTS.
ERS AND TECHNICIANS TO GET INDUSTRY UNDER WAY.
TOM MOONEY FRAME-UP.
"Get ready to go back to work!"
That was the dominant note sound
ed at the second session of the Un
employment Conference of Greater
New York, meeting at the Peopel':?
House, Saturday afternoon, March
5th. Representatives of thirty-four
bodies of organized labor from the
American Federation of Labor, in
dependent unions and the I. W. W
assembled, and there were present
with them six technical men from
the engineering societies of New
The conference ordered the secre
tary to send out a tall to central
labor bodies in every industrial cen
tre in the United States calling for
similar movements. These "back to
work" organizations will take the
form of councils of action from all
branches of organized labor, or rathei
production councils, if the purpose
of the New York body is followed
Each council securing the co-operation
of industrial engineers and then
linking up with the rest in a national
movement will, the conference de
cided, result in an organization fully
capable of manning the idle industries
effectively and permanently.
As a practical measure for gettinp
the movement under way in New
York City the conference a3ked each
TiVnnri "Tnm TWVrt.iyi.'rt M J 1.1.. II 1 T l n i ? ,
uu. lUv,cjf o iuunt-my. erui duage KODOTt Lf CWrk nf T
" JuTy 22 Explosion- on MarkeFan3
July 26 Billings arrested at the
Lane Clinic. Mooney home in Eilers
building raided. Israel Weinberg ar
July 27 Ed Nolan and Tom and
Rena Mooney arrested.
migusi z uranci jury votes in
dictments agawist prisoners. '
September 11 Billings goes to
September 23 Billings found
October 7 Billings sentenced to
January 3 Trial of Tom Mooney
January 2G Frank C. Oxman takes
the stand and swears that he saw
all the defendants except Nolan at
the scene of the explosion and saw
Billings place the bomb.
February 9 Mooney found guilty
of murder in the first degree. Jury
omits recommendation to mercy which
means death sentence.
February 24 Judge Franklin A.
Griffin denies motion for new trial
and sentences Mooney to be hanged
in San Quentin prison on May 17th.
February 24 The Netherlands
Federation of Labor pledges support
to the San Francisco Defense and
forwards protest to President Wil
son, through the American ambas
sador at The Hague.
April 11 The Bulletin publishes
Oxman's letter to Frank Edward
Rigall of Grayvjlle, Illinois, offering
him financial inducements to. cor
roborat Oxman's testimony against
Tom Mooney. Rigall was at Niagara
Falls, New York, on July 22nd.
April 16 Estolle Smith confesses
thnt Oxman dffered her a bribe of
phens to post-
ady holds Ox-
ond time after
Mooney's trial com-
" "l ' ' --fi I1MII--T- mill nri il i i IIIIIIIIIIWmiimWWIMINII HIDh
ONE YEAR $2.00. HALF YEAR $1.00.
Use this blank for renewals or new subscriotions.
THE TOILER j
3J07 CLARK AVB. CLEVELAND. , OHIO.
"five figures" to falsely testify
of documentary Droof in anv previous aerainst Israel Weinberg. Oxman said
. il. - ..11' I TT.II
case. iho was acting tor wie niK"ei-uo.
April 18 Oxman arrostqd.
April 21 Ed D. Nolan 'released
on bonds, $250 fov each indictment.
Oxman held for trial by Police
Judge Matthew Brady. ) t
April 23 Judge Griffin addresser
letter 1 to- Attorney General - Webb,
skint him to go before Supreme
Cotfri and ask new tr a! fbr Mtfoney
fcjfrlf 23-Worklngmen of WW-
grad hold protest meeting uk".
the pooay c.nW(! 1,1 frdnl 0,,thc
May 4-Oxiian "whitewashed" DJ
Srrreckels' Grand Jury, oir gran
Jurots aud . Assistant. Attorney . Gen J
May 11 Presid
cedes with Gove
May 18 Ji
man to trial
May 21- I;
July 2u I; , Mooney acquitted
August . ''idtfo Dunne denies
bail to Rena Mooney after Judges
Griffin and Cabanlss had agreed to
September G BUlings' appeal de
nied by District (urt Appeals.
September 11-mpreme Court de
nies Attorney (JeneVal Webb's appeal
for new trial for illooney.
Septembu " fireman's trial op
ens before .Judge IDunno. This Judge
Dunne declares Oxman innocent on
September 25-jjfcresident Wilson
authorizes KJenf Mediation Com
mission to make an exhaustive inves
tigation on the entire case.
September 28 OAan acquitted of
charge of suborna
Rearrested on cha!
October 1 Gove:
fused extradition o'
man who was arr
10 after being ind
Francisco Grand J
with the Preparedn
October 3 Oxm
trial through lega
October 4 Calif
eration of Labor d
innocent and agi
to the defense
before Judge EmrJ
November 8 Sa1
Brouillet who took)
November 10 Bil
mg life sentence in
November 26 A
of tho American F
held at Buffallo,
an of perjury
of direct per-
or Whitman rc-
by the San
lia State Fed
Irg's trial starts
ksldont A. W
ctive part in
Oxman, the Edeau women and
December 18 Fickert recall
demns frame-up a n demands new
trials for Billings rd Mooney.
November 27 Weinllerg ncqultted
Jury deliberates threoLmiiunes.
November 30 San Hrancisco Labor
Council expels BrouiUel.
December 7 Alice Kid well makes
complete oonfestion. Kxposcs police
methods in frame-up.
December 12 EstolNe Smith con
fessds her pirt in the frame-up. In-
criminates District Attorney Fickert,
Assistant District Attorney Ed Can
hs, Martin Swanson (corporation
detective), former AssiAant Uistnct
Attorney "Jim" Bronnal Frank C
ation of Labor
ew York, con-
January 22 Pres. Wilson again
appeals to Governor Stephens to
grant Mooney a new trial.
January 26 U. S. Federal Com
mission issues its report on the
cases. The commission unanimously
recommends new trial for Mooney
and condemns Oxman's letters as
attempt to suborn perjury.
February 25 Judge Oabamiss dis
misses the two indictments pending
in his court against Weinberg on
the motion of District) Attorney
Fickert, himself, who refused to pro
ceed to trial.
March 1 California State Su
preme Court again denies Mooney
March 19 Judge Griffin dismisses
three indictments against Weinberg
in his court on the motion of the
prosecution. Fickert again refused to
proceed with the case.
March 21 California State Su-
preme Court admits Weinberg to bail
in the sum of $15,000.
March 26 Pres. Wilson telegraphs
third appeal to Governor Stephens
for new trial for Mooney.
(Continued on page 2.)
constituent local to thorw its halls
open for unemployment meetings.
All labor bodies in the city have al
ready been asked to start registra
tion of all the employed and the un
employed in their trades or sub
divisions of industry, and a parallel
registration of the plants involved.
This for the purpose of discovering
the nature and number . of empty
jobs and the labor personell to fill
them. Open air meetings were also
One of the industrial engineers at
the meeting laughed at the idea that
there was any danger of overproduc
tion if industry were put to work
at its full capacity. There has never
been overproduction, he stated. There
has only been underconsumption.
Other speakers pointed out that
this was a purely industrial problem
which could be met only by industrial
measures. Business methods had
brought the country to its present
condition, they stated, with idle in
dustrial equipment and abundance of
unused raw material. The business
system had no method for the re
storation of production.. Therefore
the real forces of production, work
ingman and engineer, must go ahead
on their own initiative.
A CONGRESS OF
By FRANK SEAMAN.
How many comrades have ever oration Comunista" in an attempt to
l-put the labor mcvenu- 1 the
seen a Congress of qfotker snd
peasants right from the job? Not
many, I guess. This was my first
experience. It was a labor convention
cnlled by the "Federation Comunis
ta" of Mexico City. You know what
"labor conventions" usually are
especially in economically undevelop
ed places like Mexco.. A caucas in
which chiefs and bosses and laboi
fakers decide just what it will be
most profitable for them to have
labor decide. Of course labor some
times kicks over the traces and ig
nores the caucas but that is ! story
ill by itself outlaw strikes, "re
bel" unions, etc. There were no
bosses in this Congress of the "Fed
eracion Comunista" because the con
gress itself was a revolt against
boss rule; it was an attempt to line
up the radical rank and file of the
labor movement against the reaction
ary leaders of the 'Confederation Re
gional Obrera Mexicana,' who long
ago sold out to Gompers and to the
Mexican Government. Morones, Mur
tinez, Trevino, Salcedo and the rest
of the "leaders" of the bonafidc
movement were not there.
Some time ago, a group of union?
in Mexico City, led by the revolution
Class Struggle basis. The "Federa
tion" caught the imagination of the
workers and grew rapidly. With the
idea of organizing the new move
ment on a national scale a Congress
of workers and peasants was called
for February 15th,. the manifesto
being issued just at the time when
Morones and Co. were shaking hand?
with Gompers in the Convention of
the so-called "Pan-American Federa
tion of Labor". And it was truly
workers and peasants who attended
Full of enthusiasm they came, fresh
from the fields and workshops, many
cf them never having taken part in
a convention of any kind before
There were delegates from Lower
California and from Yucatan, from
Tamnulipas and from. Jalisco !).
delegates from twelve States repres
enting more than 40,000 workers in
From the first the Congress wa?
dominated by a revolutionary spirit
In this Congress there were no social
reformers, no apologists for the
present . social order. In a burst of
enthusiasm the "Confederation Gen-
BOOKS for TOILERS
Priced Low for Propagandists
NICOLAI LENIN, HIS LIFE and WORK, Zinovieff
15c, 8 for $1.
COMMUNISM and CHRISTIANISM. Bishop Wm. ML Brown
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COMMUNISM and the FAMILY, Kollontay
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INDUSTRIAL AUTOCRACY. Mary Marcy
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INTERNATIONAL COUNCIL of TRADE and INDUSTRIAL
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DICTATORSHIP of the PROLETARIAT. Kamenev
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CONSTITUTION of SOVIET RUSSIA ' 1
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SOCIALISM and RELIGION. By B. S. P. of England
10c, 12 for 1.
SLANDER OF THE TOILERS. Kirkoatrick
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One of each of the ten copies will lie mailed postpaid to one
address for II. Combinations in anv amounts of the various titles
may be selected at the above stated rates.
Theae low price enable vou to help In their distribution. Order
dollar's worth or more and circulate them amone the workers!
I arv Bakers' union, formed th "Fed-'' eral de Trabajadores ((.cnera
Union of Workers) was orgamaea
with a constitution calling for direcr
action and the abolition of the pres
ent system. The Congress declared
for the Dictatorship of the Prolet
ariat organized in Soviets of workers
and peasants, recognized the Mexi
can Communist Party ("Partidcj Co
munista Mexicano") as a truly rev
olutionnrv organization and ssrered
.1207 CLARK AVE.
connections "with all other parties (
Also, it endorsed in principle the
Moscow Red Labor Union' Interna
tional pending a referendum 'on the
question qf immediate affiliation.
Morones and Co.. tied up with tho
Pan American Federation thut was1"
organized by Gompers at tho behest
of American capitalism, is under
stood to be planning nffilintion to
the Yellow International of Amster-i
dafa. The new "Confederation Gen-
ft-Hl de Trahajadorex" is ready to
Am I . ' i 1 M .
carry on ine proletarian struggle'
ngainst these treacherous Leutar
The Red International is gajning
ground every where 1 ' dLf
The Provisional Executive Com
mittee of the new organization
composed- of:j Agltinrq, Qtierdda, Ru
bio, San Vicente, Quintero, Araos de
Leon, ChstJo Frins and Escobar.
Address, "Confeoracion GtwrsJ; de
Trabnjadores." San Miguel 22, Me
xico, D. F., Mexico .,..
-I ,1 ":'iaMx.
MMl ' - - - M 1 " jititJiiii