The Montgomery advertiser., 1905-06-06

that the jailing of the labor leaders Bernard Mulligan and John H. Donahue for alleged contempt of court in refus- ing to answer questions possibly in- eliminating was an "extraordinary pro ceeding." Judge Grosscup's opinion, on account of it's sweeping character and widespread applicability. attracted much attention.
 MuIligan and Donahue, who had been held in contempt of court by Judge Kohlsaat for refusing to answer dues- tions before Master in Chancery Sher- man. which the defendants were espe- cially ordered by Judge Kohlsaat to answer were released under $500 bonds by Judge Grosscup and supersedeas wa sissued staying the Kohlsaat order following application for writ Of err TOT by the respondents. In giving the opinion Judge Grosscup, upholding the right of silence. said:
 "The Constitution of the United States provides that no one shall be compelled to be a witness against him self. The right of silence thus given was among the most cherished guaran- tees of our fundamental law. It is one of the distinctive guarantees of Anglo Saxon civil liberty. It takes equal rank with those constitutional prohfbi- tions In favor of the individual as
 
 pairment of contract or the taking of property without due process of law. A constitutnonal guaranty cannot be forfeited Tn the promotion of law and order It must not be overlooked. for the promotion of law and order must not itself be lawless.
 The inquiry before the court when this constitutional right is invoked al- ways is: Is the protection asked for 4fYnnfv maj fn fha wffma9Qs disinclination to answer the question. or Is the protection asked in good faith. to shield the witness against being made witness against himself in what may become a criminal prosecution? :? Is the danger of incrimniation substan- tial or Is 1t merely fanciful? The tes- timony taken tended to show among other things that permits were issued by the unions to drivers In the case of goods that were to be allowed delivery. presumably in order that goods not un- der the protection of such permits should not be allowed delivery.
 Might Refuse Proof.
 Now, while the issuance of a permit or a persons connection with it's is- suance or use, or his connection with, an instruction not to pick up or de- liver the goods of a certain house may not, standing alone, be criminal, the fact that permits were issued and that certain instructions were given and ac- cepted may become potent links in the chain of evidence that leads up to the crime of conspiracy and in the proof of such links were Mulligan and Donahue to be indicted and put on trial for con- spiracy, the burden would be upon the prosecution without any held by com- pulsory confession of the defendants to establish the existence of such links So that, good faith in the invoking of this constitutional guaranty being as- sumed. 1t Is at least legally diseernabie that Mulligan and Donahue might prop erly refuse to give to the Government proof of the facts inquired into; for the right of silence is not confined to the last step in the proof of crime; 1t is not a mere partial right, but a com plete right and accrues the moment a lead is struck that if followed up would eventually uncover the witness connection with crime"
 Edward Mullen, sixth yiee-president of the Teamsters Union is at the Cor man hospital. suffering from bullet wound in the right leg. Mullen, 1t is said, was shot Saturday night in the riot at Congress and Halstead Street in which Policeman Smith was shot.
 Rioting in which shots were fired by the police occurred this afternoon In an alley at Hoyne and Cornell Ave- nues. The policemen were guarding a wagon belonging to the Arthur Gour- ley Lumber Company. While the was unloading the lumber a crowd threw missiles. union teamsters In the meantime driving their wagons to the end of the alley and forming a blockade A heavy plank and a large piece of tiling were thrown from the rear window of a building near the alley. narrowly missing a policeman. The officer fired toward the window but the bullets went wild. Endorsements arrived and the non-union teamster was enabled to proceed.
 Mayor Dunne's Statement.
 Mayor Dunne has replied to criti- ,isms of himself contained in a report of the grand jury In formal state- ment the mayor asserts that the report Is grossly unfair and unjust.
 Denial Is made to the charge that the mayor failed to exert full authority. He says:
 If the grand jury means that have tailed to call in the militia, I answer that until I fail to get wagons through the streets and maintain law and order with the police I have no right, legally 1r morally, to call for the assistance 1f the militia. do not intend to do
  Chicago and its business interests that lurtful blow.
 "The animus behind the whole affair 8 apparent. Several weeks ago cer- .ain interests in this city demanded hat I call in the militia. situation lnder the law warranting such a call lid not then and has not since existed. refused to do so and I will refuse lntil it appears that such a step is 
 Immediately after hts refusal to call 'or the militia, the mayor asserted he was attacked in the most virulent 
 Continuing he says: During the whole of the strike l have decided and lcted on all questions arising during he controversy as though I were stiil jitting on the bench, giving to each tide what was It's legal right-no more 10 less-and my action in this regard I submit to the candid and impartial con alteration of my fellow citizens, having 1t heart the interests of the whole peo- ole without being swerved from my course by the clamor from either side"