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THE LABOR JOURNAL
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THE LABOR JOURNAL
__JISE OFFICIAL PAPER OF THE EVERETT TRADES COUNCIL
Devoted to the Interest
SUPREME COURT HEARING
ARGUMENTS ON BLACK CASE
SUIT BROUGHT TO TEST LEGALITY OF JUDGE BLACK'S
STANDING IN GUBERNATORIAL RACE AROUSES WDDE
SPREAD INTEREST—CONFIDENT OF HIS POSITION, THE
DEMOCRATIC CANDIDATE IS PUSHING HIS CAMPAIGN
WHILE LAWYERS ARGUE.
Today Judge Black's attorneys are arguing before the state su
preme court at Olympia, his eligibility to remain the democratic
party's candidate for governor at this state. Leading attorneys have
given it as their private opinion based on a careful study of the law
that there is not the slightest doubt of Mr. Black's eligibility and
that no unbiased court can hold against him. The question seems
to hinge on whether one holding a judicial position in this state can
be a candidate for office other than judicial before his judicial tenure
of of Ice expires. When the question of Judge Black's eligibility arose
some legal hair-splitters pretended to discover that his term of office
as a judge would overlap his term as governor, if elected. This pre
tense was punctured when it was shown that his judicial term ex
pires on the second Monday of next January and whoever is elected
governor does not take his seat until the following Wednesday.
The action which brings Judge Black's case before the supreme
court today was instituted by (Jhas. A. Reynolds, a democratic at
torney of .Seattle. Behind it all is a veritable maze of old-style ring
politics and when followed carefully, ring politicians of both demo
cratic and republican parties may undoubtedly be found pulling the
wires. That it is a trick of the reactionary crowd to put Judge Black
out of the running is apparent to any close observer and that the
antipathy of the gangsters to the judge dates from the Baltimore
convention, will be made clear in this article.
Mr. Reynolds professes to be acting in the interests of the demo
cratic ticket and assures the public that he has nothing but the friend
liest feeling for Mr. Black. This "friendly feeling,'' however, did
not cause him to support Mr. Black either as first or second choice
in the primary campaign. Neither did it move him to institute the
sut AT THE BEGINNING OF THE PRIMARY CONTEST. Had he
been the friend he claims to be, he would have brought suit to settle
Judge Black's eligibility at the outset. Then had the court ruled ad
versely Mr. Black would have been saved time and money and the
party situation clarified. A friendly suit! "Beware of the Greeks
bringing gifts!" It is significant that the only attorneys in the state
who have attempted to raise legal objections to Mr. Black's eligibility
have been two or three men who were not supporters of his primary
Seabury Merritt, a prominent lawyer of Spokane, rushed into
print to prove Judge Black ineligible. "The state constitution says,"
shrieked Mr. Merritt, "that the governor shall take his office on the
second Monday in January. Mr. Black's term of office as judge will
not have expired; how then can he be sworn in as governor in plain
violation of the constitution?" Mr. Merritt, either through ignorance
or through malice, neglected to state that the constituion adds "until
the law shall prescribe otherwise," ami that the law now does pre
scribe that the governor shall take his office on the FIRST WED
NESDAY AFTER THE SECOND MONDAY in January. Mr. Merritt
is, or has been, Governor Hay's personal attorney. Is this where
Governor Hay enters into the game?
Mr. Reynolds appeared first before the democratic state com
mittee and argued the eligibility question, but made no apparent
headway; hence, we take it, the personal suit brought before the
supreme court. Who and what are the influences behind Mr. Reyn
olds, for we assume that there are other men than the Seattle attorney
involved in this neat little plot.
Judge Black's own record as a public official is reason enough
why the reactionaries should wish his political death. Throughout
his'eight years' incumbency of the superior bench of Snohomish
county, he has been known as the friend of the poor litigant. It was
his theory that every man, rich and poor alike, was entitled to abso
lute justice, no more, no less; and that in the ordinary processes of
law the scales tipped most often in favor of the rich and powerful,
and that to balance things the "under dog" should be given every
possible consideration to the end that he should receive legally what
was his morally. Judge Black is progressive in thought and action,
a sane, balanced, thoughtful progressive.
When the democratic state convention met to elect delegates to
Baltimore, Judge Black was an active figure at the gathering and
served notice then and there on the Hugh Wallaces and George Tur
ners of the party that the Washington delegation to Baltimore must
come through clean for progressive men and progressive measures if
democracy hoped to carry Washington in November. Believing then
that Clark stood for the things that progressive democrats stood for,
the Washington delegation went to Baltimore behind Clark.
Judge Black saw in Baltimore the workings of the Ryan-Belmont
machine and its purpose to drive Bryan into political oblivion. He
saw the Wallace-Turner crowd playing fast and loose with the Ryan-
Belmont crowd. He saw that the nomination of Clark meant sur
render of the party into the hands of the same set of interests that
nominated Taft at' Chicago. To see clearly with Judge Black meant
action, whole-heartedly and unreservedly. When utter rout came to
the Clark forces it was a bitter pill for the Wallace-Turner outfit
and they never forgave Judge Black. ...
Why didn't they come out in the open and fight him in the
primary'campaign? 'First, with a united democratic party fighting
for success under the leadership of Wilson, it would have been bad
politics. Second, because down in their hearts they never conceded
Black more than an outside chance for the nomination. "Give him
rope and he'll hang himself," was undoubtedly their theory. To their
consternation Judge Black won. And to make the pill more bitter
the great rank and file of the democrats of Washington appeared
imbued with the new spirit of progressivism and ready to go the limit
behind Judge Black.
We can well imagine the next step was to sow distrust in the
minds of the people by raising the point of eligibility which is now so
sorely troubling Mr. Reynolds. Even though the supreme court fin
ally rules for Mr. Black, a delayed decision might have the effect of
ali'eniating many votes and seriously hampering Mr. Black in his
campaign. , . ...
One may well wonder if the Hay forces were mixed up in this
deal Who Would profit by Judge Black's elimination J The answer
to that question can be found when you ascertain who the Hay forces
think they have to beat. If they fear Black more than Hodge they
nay be very wel mixed up in it for BIG BUSINESS PLAYS THE
SKIE THROUGH POLITICAL RINGS IN MOTH PARTIES.
Those who are loudest in raising the hue and cry against the
riKht of Judge Black to be the democratic nominee for governor,
profess to be displeased because the judge would not be a party to a
friendly suit. Could he have taken any other logical position? Ab
solutely sure in his own mind of his legal right to qualify if elected
was he going to raise a doubt in the minds of the people by himself
raising the question of his own eligibility? 'lo have done so would
have been tacitly an admission that there was a doubt m his own
mind when no such doubt existed.
The whole procedure smacks of a last ditch stand of the reaction
aries to eliminate from the race a real, progressive candidate. Argue
aa they will, split hairs as they will, one great big jarring fact stands
out that the people can gasp. Judge Black is no more ineligible now
than he was when he entered the primary campaign, the legal status
of the case can be no different now. They didn't peep three mouths
ago when to their minds he was only a remote gubernatorial possi
bility, but now that he becomes a gubernatorial probability they are
filled with alarm—an impersonal, good-of-the-party alarm.
One thing may be set down here: Unless the supreme court says
differently. Judge Black will be in the race for governor of the state
of Washington until the last vote cast November 5 is counted.
EVERETT, WASHINGTON, FRIDAY, OCTOBER 4, 1912.
of Organised Labor
HANDS OUR TRIBE A BEAT
ING IN SECOND GAME OF
THE SERIES—THE SMOKE
STACKERS MAKE A DES
PERATE NINTH-INNING BID.
A chronicle of last Sunday's game l>e
tween the Smokestackers and Marysville
would read like a Diamond Dick serial
if accurately told for those two teams
"fit and fit and fit" until there was
blood on the moon and heart palpitation
in the breasts of a thousand howling
lunatics who filled the stand and bleach
ers. Not for years has there been such
fierce rivalry between an Everet and an
outside team nor such heart breaking
baseball finishes as have marked the
last two games. Scrapping for every
inch of advantage, every break in base
ball, those boys have gone down the line
neck and neck. The writer would not
yet venture an opinion as lo which is
the better team. They are so evenly
matched, man for man, as well as in
team work, that the smallest kind of a
break in baseball luck will throw the
game to either side.
Welsh was in fine form, holding our
boys to seven hits and driving in the
first run for Marysville with a clean
single in the third. Singleton was not
so fortunate, being touched up for ten
hits and wild pitching a man home in
the eighth. At that he pitched remark
able ball in the pinches. The sixth in
ning is a sample. With one gone Marys
ville filled the sacks on a walk and two
clean singles. "Missou" tightened and
struck out Keppler and Schmutz in a
row, leaving three runners stranded.
It was in the eighth that the mischief
was done. Quigley singled and was ad
vanced to third on Brown's smashing
two-base drive. Singleton wild pitched
Quigley home, Brown going to third. In
an attempt to trap Brown at third Ladd
aimed for the empyrean blue and Brown
scored. Then Duncan singled nnd Kep
pler scored him with n two-base smash.
The ninth opened with the score stand
ing 5 to 2 in favor of Marysville and it
appeared that all that remained to be
done was to say the last sad rites.
What followed illustrates the old saw
that "the game isn't over till the last
man's out." Levin, first up, smashed
the pill for two sacks and Giddings drove
Levin home with another two-base drive.
Paddy got wobbly and Welts walked.
Giddings and Welts then pulled off a
beautiful double steal. Two on and no
body out and two runs needed to tie.
Krause came to bat and every bug in
the grandstand got down on his $4 pants
and prayed for one little hit. The best
he could do was a fly to Brown, who
ate it up. Hoover, who won a medal
the Sunday before for his pinch hitting
ability, was sent in to bat for Weborg
and like the immortal Casey, struck out
mid the groans of the populace. Hope
revived when Brown fumbled I-add's hit
and Giddings scored. Johnson, substi
tute pitcher, was sent in for Singleton
and a thousand hopes hung breathlessly
on the university player. And then, and
then, Welts got trapped trying to steal
home and our perfectly good, 18-karat.
ninth-inning rally was nipped in its
prime. " 'Tis true, 'tis pity, and pity
'tis, 'tis true." Marysvile won.
Next Sunday will witnes the deciding
game of the series and it will be no
parlor croquet. Rather, a mixture of
football, lacrosse and jiu jitsu, judging
from past performances. We expect to
see about the warmest mixup ever, but
we wouldn't bet a pants button on the
result. As the coming game will prob
ably wind up the season for 1012, it is
up to every fan and fannette that has
baseballittis in his or her system, to give
the boys who have played so loyally and
successfully in Everett uniforms a rous- ,
KIER HARDEE ON UNIONS.
Columbus. Ohio. Oct. 3. —Before a
large audience in this city recently, J.
Kier Hardie, a socialist member of the
British parliament, among other things,
made this statement, and it is interest
ing in view of the fact that many politi
cal enthusiasts discredit the trade un
ions wherever it is possible to do so:
"I am told —I have not heard it yet
myself, remember —but I am told that
in some parts of these states, just as
in some parts of Europe, there are men
that are socialists who seek to belittle
trade unionism or labor unionism. I say
to you that, the man who seeks to be
little the trade union is no friends of
yours; that all the progress which the
working class has made hitherto has
been through their labor unions. The
strike, my friends, has been the weapon;
fear of the strike and the strength which
union gives has been the weapon which
lias brought whatever improvement has
been secured by the working class of
the world. Therefore, do not let any
one mislead you into a belief that the
day of the union is over. It is not over.
It is the very foundation upon which
the whole superstructure of industrial
liberty will one day be reared."
Have your summer suit cleaned and
pressed now. American Dye Works.
PRESENT MANAGEMENT OF
BUCK STOVE CONCERN HAS
NO CONNECTION WITH THE
PRESENT SUITS AGAISNT
A. F. OF L. OFFICIALS.
Washington, D. C, Sept. 17, 1912.
Dear Sirs and Brothers:
It is but fair to the present manage
ment of the Buck's Stove and Range
company that all organized lahor and
friends of organized labor be fully ad
vised that in the contempt proceedings
instituted in Judge Wright's court of
the supreme court of the District of Co
lumbia that the Buck's Stove and Range
company was in no way a party thereto,
that these proceedings were instituted
by Justice Wright, that the company
desired but could do nothing to prevent
it, and that in the appeal which has
been taken from Justice Wright's decis
ion to the court of appeals of the Dis
trict of Columbia the Buck's Stove and
Range company is in no wise a party
All differences between the Buck's
Stove and Range company and organized
labor have been amicably and satisfac
torily adjusted, and our fellow trade
unionists and friends should In every
way possible, show by their patronage
and encouragement that we appreciate
the value of fair dealing and friendship,
and that just as we have proven our
readiness and ability to defend ourselves
from the attacks of our opponents, so
must we show ourselves ready to assist
No matter what the outcome may he
in connection with the case now pending
in the district court of appeals, labor is
on the most friendly and cordial terms
with the management of the Buck's
Stove and Range company.
Justice and right demand that all be
informed that the Buck's Stove and
'Range company is entitled to the en
couragement and patronage of all lalwr's
friends and sympathizers.
Please give all possible publicity in
every way to labor's present friendly re
lations with this company.
President American Federation of Labor.
CLERKS BALL THE 15th.
Nent invitations are out for the dance
to be given by the Retail Clerks base
ball team on October 15 in Fraternal hall.
The team under the management of
E. J. Edney has had a most successful
season from the standpoint of pure
sport, winning the majority of its games.
The boys have gone against some of the
strongest amateur teams in the country,
playing several ext]-a inning games,
Probably the hardest fought game of the
season was the one with the fast Marys
ville bunch which the Clerks held to a
2 to 1 score. Edney and his tribe have
received warm praise everywhere for
their gentlemanly behavior. Several of
the games were a financial loss to the
boys but they took their medicine like
game sports. The dance will be given
as a windup to the season and it is
hoped to recoup somewhat the financial
loss. As the boys have made hosts of
warm friends this season it is expected
that a large crowd will attend the so
cial function the 15th. Wagner's or
chestra will furnish the music and the
price of admission will be one -umoleon.
UNDERGOES SERIOUS OPERA
The many friends of Mrs. Theo. Zeigler
were surprised and shocked when tlioy
heard that she had been removed to a
Seattle hospital to undergo a delicate
operation for the removal of a tumor.
Mrs. Zeigler has been for many months
active and apparently tireless in union
work and it is a remarkable tribute to
her courage and self sacrifice that sin'
stood up so long despite her serious phy
sical condition. The operation was per
formed Tuesday morning and the danger
point should lie passed today. Scores of
her friends are anxiously awaiting news
that she will recover and sympathizing
with her near relatives in their hours of
SOCIAL SESSION PLANNED
Next Monday evening tho ladies of the
Label League will vary the routine of
the weekly meeting with a social session
open to members only. Light refresh
ments will be served and games and
dancing indulged in. The ladies will be
glad to see some of those who have been
missing lately out again on this occasion.
The Labor Temple stockholders hold
their monthly meeting next Wednesday
night, October 9. At that time the
amount* pledged by the unions to clear
off the debt on the new lots will be
checked up. Several unions have made
no reports. Do it now! And see further
that your stockholder is present at that
THE LABOR JOURNAL
Is the official organ of the Trades
Council, and is read by the labor
ing men and women of Everett.
RUN CARS WILD OVER CITY
STREETS, TO THE PASSENG
ERS' DISCOMFORT AND
THEIR OWN ENJOYMENT.
Duluth, Minn., Oct. B.—There is a
street car strike in this city, and it has
assumed a humorous phase. As is well
known, wherever street car companies
employ strikebreakers, no discipline is
possible. The prospects of participating
in a strike as a strikebreaker appeals to
the evil-minded from the fact that it
means the handling of at least soma cash
without being held responsible for a
strict accounting, In Duluth, however,
the strikebreakers are having consider
able sport by running the cars wherever
they see fit, turning down first one
street and then another, so that pas
sengers have no assurance in taking their
usual cars that they will reach their
destination, except by a circuitous route.
Intoxicated crews have been reported,
and iti one instance the police forced two
men to leave their car at the barn, and
one strikebreaking motnrman was ar
rested for speeding a car through the
city. This is another instance of the
inconsideration and absolute disregard
of street companies to the interest of
Tliis is the latest compiled list of pub
lications "unfair" to the typographical
union. Readers would do well to cut it
out and paste it in a conspicuous pla"e
where it will meet their gaze frequently.
American Baptist, St. Louis.
American Blacksmith, Buffalo.
American Farm Review. Rochester.
American Printer. New York City.
Animal Friends, New York City.
Biblical World, Chicago.
Black Cat, Boston.
Blue Book, Chicago.
Boston Cooking School Magazine. Bos
Catholic Standard and Times. Phila
Catholic World. New York (Sty.
Christian Advocate, Boston.
Christian Advocate. Cincinnati.
Christian Advocate, St. Louis.
Christian Advocate, Pittsburg.
Christian Kndeavor World, Boston.
Christian Observer, Louisville.
Congregations list. Boston.
Critic and Literary World, New York.
Epworth Herald. Chicago.
Evangelical Messenger, Cleveland.
Every Woman's Magazine. New York
Farm Journal. Philadelphia.
Farm Poultry. Boston.
Farmers' Home Journal. Louisville.
Farmer's Wife, St. Paul.
Fashion World, Boston.
Ferry's Seed Publications. Detroit
General Electric Review. Schenectady
Green Book, Chicago.
Household Companion, Boston.
Industrious Hen. Knoxville.
lowa Homestead. Dcs Moines.
Junior Christian Endeavor World. Bos
Ladies' Home Journal, Philadelphia.
Lnrkin Idea Magazine, Buffalo.
Lippincott's Magazine. Philadelphia.
Literary Digest, New York City.
Little Folks, New York City.
Metropolitan Mazagine, Vow York
Modern Priscilla, Boston.
National Printer Journalist. Chicago
Our Dumb Animals, Boston.
Pacific Reporter, St. Paul.
Pentecostal Herald, Louisville.
Popular Mechanics, Chicago.
Poultry. Peotone, 111.
Poultry Herald, St. Paul.
Printing Art, Cambridge. Mass.
Reliable Poultry Journal. Oniney, 111.
Saturday Evening Post. Philadelphia
Short Stories, New York City.
Sporting Life. Philadelphia.
Sunday School Times. Philadelphia.
Wasp, San Francisco.
West Coast Magazine, Los Angeles
Wine and Spirit Bulletin. Boston.
Word and Works, St. Lo„i 9 .
World's Work, New York City
Young Catholic Messenger, DaVton. O
Tenng People's Weekly.
Youth's Companion. Boston.
TAFT AND HAY DRAW
This is the time for straw ballots,
ihey may mean much or they may
mean little. Have it your own way. All
the same they are interesting. A straw
vote taken among the printers on the
Daily Herald one morning this week on
presulent. governor and the "wet and
dry" issue showed the following prefer
ence. The ballot was secret so no man
was influenced by his neighbor's safe
For President—Wilson 10. Roosevelt
5. Debs 4. Taft 0.
For Governor—Black 11, Hodge 5, Hay
0, Ma ley 3.
Wet and Dry—Wet 11, dry 8.