The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-04-28

favor of the accused II is unfortunate
for the Presidents claim of lack Of preju-
dice that he had three times previously
! expressed his opinion as To the undesira-
bility OF these men-tWice openly and once
in the privacy Of the reception room Of
the White House. It may have been
merely a coincidence that the President
denounced these men to the members Of
the Supreme Court Of the United States
while they had an appeal pending before
that tribunal II it were coincidence, II
WIS most unfortunate one for the Presi-
dent
Referring to Sherman letter.
Here is The record given out from the
White House on April and published the
following morning. Speaking of the Sher-
man letter, the report says:
HE did, however, show it to members
of the United States Supreme Court. who
made their annual can upon him that
day, with the comment that he 5zIleved
some people thought he denounced too
frequently wealthy evildoers and ala not
condemn Oftea enough men OF the Hay
wood and Meyer type. lie, therefore. took
considerable pleasure ia dealing collec-
lively with Hartman and Haywood and
Meyer, all Of whom were mentioned in
the same category IN the Sherman letter"
The Sheruan letter was dated October
s, and the hearing of the Meyer appeal
was set FOR October s. IT may be that
the action OF the President had no effect
on the decision OF that court; but that
does not lessen bis culpability in the least
II may be that be d.d not intend to use
fas influence against the accused men. but
100000 workers in this country believe
that his action could have been IN no wise
different had his coolly-planued intention
been 20 acquaint the Supreme Court OF
the wishes of the Chief Magistrate in the
case at bar.
Decision of the Court.
with one dissenting voice the decision
Of the court was adverse TO the miners;
but 1 wish 10 reproduce a few paragraphs
from the dissenting opinion, as they
throw much light on this case:
In the case at bar the States. through
their officers. are the offenders. They. by
Ian Illegal eNertion Of power, deprived the
accused OF a constitutional right.
kidnapping is crime. pure and sim
pie. It is difficult 10 accomplish; hazard
Gus at every step. All officers of the law
are supposed 20 be on guard against it,
But how is it when the law becomes the
kidnapper? When the officers of the law,
using its forms and exerting it's power.
become abduotors2
NO individual could have accomplished
what the power Of the two States accom-
plished No individual could have COM
manded the means OF success, could have
made two arrests OF prominent citizens by
invading their homes; could have COM
manded the resources OF ja3ls. armed
guards. and special trains. could have sue.
cessfully. timed an acts TO prevent inquiry
and judicial interference The accused. as
soon as he could have done so. submitted
his rights 10 the consideration OF Fed
eral court. He could not have done so in
Colorado He could not have done SO on
the way from Colorado, Atthe first instant
that the State of Idaho relaxed its re-
straining power. he invoked the aid Of
habeas corpus. He should have been
heard, not dismissed from court. and the
action OF the Circuit Court iu so doing
should be reversed. o.
Words OF Justice MeKenna.
These are not the words OF an Irrespon-
sibIe laborite; they are the words of
Justice McKenna. a member Of the United
States Supreme Court ana an honest
man, whose memory viii be treasured by
millions OF tOileTs over this wide wor d
when the names Of some who are now
enslied and sainted shall have become a
kissing and a reprOach
The President bases his belief in The un-
desirability OF these men on this state
ment
''They stand as the representatives Of
those men who by their public utterances
and manifestoes, by the utterances of
the papers they control or inspire, and
by the words and deeds of those asso-
ciated with or subordinated 20 them,
habitually appear as guilty OF Indictment
10 or apology for bloodshed and violence.
That these men habiJuallv incite men to
deeds Of violence and bloodshed is utterly
untenable The hardest work they have
had TO do during the past three years has
been 10 restrain their followers from re-
taliatiOn under the graVest pTOvocatiOn.
Let the President read again the report
Of his special commissioner TO Colorado,
Carroll D. Wright. Let him turn to
page 200 of that report and read the re-
voting story. familiar 20 all who follow
the progress Of labor events, aud of the
selling of five miners at Telluride, by
thugs in the employ Of the mine owners
and the forcing of them into hosTid
cesspoOl TO shovel its contents into an ex-
cavation. This outrageous indigntty of
the alleged authorities" upon wholly UNI
offending men, quite sufficient 10 provoke
murder, was expected to serve as a les
son to miners to submit without protest
to the iron rule as well as 10 the ex-
plOitatlOu of their masters
One Of the men. Harry Maxi. a union
miner, refused to work in the CesspOoi
and was handcuffed By the thugs and. at
the command of the mine owners, was
chained TO telephone pole on a public
street The report says that ne was thus
pilloried from j; 20 a. N. to 12:45 p. m
Meyer and Haywood kidnapped.
The leader of this mob was Gen. Buckley
Wells. who was also leader Of the mob
that kidnapped Meyer aud Haywood.
When Meyer and Haywood were kid /
mapped in violation of their constitutional /
rights and carried to remote mountain /
town, IL was certainty that a greater /
crime was contemplated and would be CON
summated unless an almost superhuman /
effort was made to stop IT, It was I'M
questiOnably the intention to hang these /
men on evidence cooked UP by notorious /
detective, and a creature who calmly ad- /
m'tted that he had committed twenty I
eight murders for pay-and such pay! He /
murdered by the days. or So day and 1
expenses. The governor of the State !
said:
They'll never leave the state allver /
Remember, the governor Of an Ameri- |
can State has a judicial function to per
form in case of c0nvictionD These men, |
however, he declared out of the pale /