The Barre daily times. (Barre, Vt.) 1897-1959, 1907-05-07
MEMORIAL TO CONGRESS.
Text Of Joint Resolution Pending In
Wisconsin legislature.

Text Of a Joint Resolution Pending In
Wisconsin Legislature.
The following is copy Of a joint
resolution in reference to the Meyer
Haywood affair now pending In the
Wisconsin legislature. Being a legal
summing UP Of the case by the attor-
neys for the defense. It Is OF great in
terest to organized labor and to the
working class as whole:
whereas, Theodore Roosevelt. president
Of the United States. IN his message to
congress, IN discussing the decision OF
Federal Judge Humphrey In the case OF
the United States versus the meat pack
ers. has held It was not only q constitu-
tionaI right but a duty OF every Ameri-
can citizen TO criticise judicial decisions;
and
whereas The supreme court OF the
United States, by a majority vote in It's
decision on the Meyer. Haywood and
Pettihune haheas corpus case. has ignor-
ed the constitutional right granted TO ev-
cry American citizen under clause . sec
ton q Of article of the constitution Of
the United States and knowingly or un-
knowingly violated section 527s Of the re-
vieed statutes OF the United States. and
whereas, ny the decision TeDaGfe0 II
the said habeag corpus case Il reversed
its former decision In the cases OF Hyatt
versus People, 1855 II. s.. eei-7i3 and
Munsey versus Clough. 1856 U. s., page ssa.
and
whereas, Justice McKenna in his dis
senting opinion held that there was no
precedent for the contention Of the cir
cult court which held that circuit court
OF the United States when asked upon
habeas corpus to discharge a person held
IN actual custody by a state IN one Of its
courts under an indictment charging
crime against its law cannot properly
take into account the methods whereby a
state obtained such custody; and
Whereas Justice McKenna In his dis
senting opinion set forth, first. that IN
the case az bar the evidence clearly show
ed that the states Of Idaho and Colorado
through their officers are the real Of
tenders against tho law; second, that the
states OF Idaho and Colorado BY an He
gal assumption Of power deprived the ae-
cused Meyer, Haywood and Pettibone Of
a constitutional right and a valuable
one; third, that kidnapping IL a crime pure
and simple, and In this case the law had
become the kidnaper; fourth, that the
case should have been heard by the cir
cult court OF the United States and not
dismissed and the action Of the circuit
court IN 80 doing was a grave error, as It
invaded the constitutional right OF avery
American citizen and therefore should be
reversed; and
whereas. The United states supreme
court by affirming the decision OF the
lower court IN the said case At bar has
established a precedent that has leRalizcd
the crime Of kidnapping and has put into
the hands Of the organized corporate In
terests OF this country a power by which
they may upon trumped UP charge lay
hands upon any citizen Of any state, tear
him from his home and Preside, from his
wife and children, dcport him to another
state. thrust him into prison and there
let him languish without trial for months
and possibly for years, thus subverting
justice and depriving our citizens Of the
sacred right to life and liberty; there
fore be It
Resolved by the assembly. the senate
concurring, That we respectfully memo
rlalxe congress to Immediately institute
an investigation and ascertain by what
authority or through what Influences, IL
any, the United States supreme court
can set aside tho constitution OF the
United States and leKalize the crime OF
kidnapping; and DO II further
Resolved That a copy Of these resolu-
lions be sent by the secretary OF the
state TO tHc state legislature OF tho sew
eral states, with the request that theI
respective bodies Join liz IN this memorial
TO conRress as II affects the constisu-
ticnal rights of every American citizen.
Re It further
Resolved That copy Of these resolu-
tons be Immediately transmitted BY the
secretary OF state to tho senate OF the
United States snd 70 tho house OF repre-
sentativcs Of the United States and to
each Of the senators and representatives
Of this state