Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-07-08

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tody, IL was declared. the officers told
the prisoner that any statement ne might
make would be used against him at the
trial
HE was warned he had rights that
could not be invaded by the police Nj.
Gompers commented.
Case of Mcnamara.
Getting down to the case OF John J.
Mcnamara, he declared that he was
taken from his home state, without
proper hearing. without an opportunity OF
consulting with counsel. despite the fact
that such an opportunity was demanded
by the suspect-Iust taken bodily, placed
in an automobile that was crankedA up
and ready TO start-one of the speediest
machines in the city of indianapolis
manacled taken at breakneck speed 10
Terre Haute. held until train time and
rushed to California, being placed on
several different trains during the trip.
President Gompers contended that the
extradition laws OF Indiana required that
the person involved should be taken be-
fore a court of competent jurisdiction,
and that il be there shown that ne is the
person to be eNtradited. and that ne Is
fugitive from justice. The 1ur1sdictlon OF
the court is in question. 1t was explained
and besides there no inquiry made
by the court as 10 whether or not Nc
Namara was fugitive.
During the hearing In court. MT. TOM
pers said, Mr.. Mcnamara had asked OPP
portunity to consult with counsel, but
that request was refused
Alleged Evasion of Writ.
The object of using several different
trains in carrying the prisoner from In
dianapoiis TO Los Angeles, MIR. Gompers
charged. was TO escape writ of habeas
corpus. The arrest was made, too, Mr.
Gompers added, on Saturday afternoon
after all the courts with proper jurisdic-
ton to hear appeal had closed. Win
the result that the police officials had a
start of thrty-six hours before any writ
could be obtained.
The whole affair seemed TO have been
staged" Mr.. Gompers remarked.
There isn't a man in this country
against whom such an outrage would
have been committed. except workih-
man.. he added. When MIR. Gompers
mentioned, as a similar case, that involV-
ing Meyer, Haywood and other labor men
in Idaho few years ago. smile came
to the face of Senator Borah. For MI
Borah was one of the prosecuting al,
not seem to remember That fact at the
time but he had occasion to q few min
utes later when Mr.. Borah. In ciear
and logical manner or statement showed
been compiled with in the extraction or
the labor men to Idaho.
The governors of Indiana and Cali
fornia were imposed upon by Detective
w. j. Burns in the mcnamara case, MI
GOmpers charged
How imposed upon?" asked Senator
Borah. 1T seems to me that would be
hard TO show"
MI. Gompers Explains.
"A requisition cannot be made upon a
governor for extradtion, unless the sus-
pect is under arrest replied Mr.. Com
pers. I'm order TO deceive the Governor
OF California. the following telegram
was sent TO him from Chicago: I
have arrested and am holding j. j. Nc
Namara. W. j. Burns AS a matter
Of fact. Mcnamara was not arrested I'M
til one week after that telegram was
sent"
Mr. Gompers charged unlawful acts
by post office inspectors in cooperation
with Burns:
81 have information within few days
that a number of post office inspect |
ors have lent themselves to the Burns |
detective agency. and have done such
acts as are not warranted by the law or
their rights. In the course of two weeks
some information may develop that may
ne communicated to the committee.
Senator Rorah remarked that the ques- |
ton of kidnapping which Mr.. Gompers |
charged. hinges on the jurisdiction OF the |
magistrate before whom Mcnamara was |
taken, and Mr. Gompers offered to pro- |
duce an attorney in the case to explain |
to the committee the legal phases of the |
case.
Asked to Suggest Remedy.
In answer to a question of Senator |
Brandegee as to what he thought the |
federal government could do in the way |
OF legislation to remedy what he COM |
plains of. Mr. Gompers retorted:
eff Congress can regulate the trans |
portation Of hogs between states 1t seems |
to me IL ought to regulate the taking of |
human beings from one state 10 an |
other"
Senator Borah condemned the present |
federal extradition laws. and remarked |
that Congress ought TO legislate as to |
who is a fugitive from justice and insist |
on the establishment OF that status be- |
fore extradition is allowed.
President Gompers complained of the |
involving union labor. The cost of de- |
tending its rights, he said. is very great, |
and very soon union labor will be I'M |
able to raise the money 10 defend it |
self in accordance with law.
IF cannot raise funds because |
working men and working women have |
too small incomes. we will have to give |
up the defense of ourselves" he COM