The Birmingham age-herald., 1914-05-17
United States Court of Ap- peals Orders Surrender
 by June 6
COUNSEL PLEADS
 FOR MORE TIME
Only Petition From President Wilson Now Can Save Convicted Men From Serving Sentences.
 History of Case

Chicago. May 1e.-The 24 labor leaders sentenced in the "dynamitinE cases" who are at liberty on bonds have but three weeks more of liberty. The United States circuit court of appeals today ordered them to surrender June to the warden of the federal prison at Leavenworth. Kan. or be taken to the pententiary from Chicaso on that day.
 Elijah zoline, counsel for the defense. pleaded for time before the remanding or der went into effect.
 These men are scattered all over the country" he said. Tt will be a hardship for them to be separated from their lam flies immediately. They arc all under heavy bond and to enable them to straighten affairs before they go to the pentenS.ary is why I ask for time
 Only a petition from President Wilson can save the convicted men from serving their sentences MT. zoline said he had presented the President with petition carrying nearly 5oooo0 signatures.
 Additional Causes
 The court also took under advisement cases of Olaf Tyeitmoe of San Francisco,
 
 liam Bernhardt of Cincinnati. These three were granted new trials and arguments rwere made today on the government s pc- tition for reheafing of their cases and the sustainment of the lower courts con victon. Former United States District Attorney Charles Miller of Indianapolis argued the governments case before Judges Seaman, Baker and Mack Coup- sel for the defendants were hopeful that the order granting a new trial to Txelt- moe, Houlihan and Bernhardt would re- main in effect. ~
 History of the dynamite cases dates back to August 10, 1908, when the Interna- tional Association of Bridge and Struc- tural Iron Workers declared a strike against the American Bridge company Bridges and buildings erected hy "open shop concerns were dynamited. There were nearly 100 instances of such Violence until 1911, when the McNamara brothers and oritie MeManeai were arrested. | In 1912. 3s men were found guilty at the federal eoust in ndianapoIis or eonz spiracy to transport explosives illegally. Ihc, were sentenced December F. 1912 Six of the 39 were freed on suspended sen tenees. The others were checked in at the Leavenworth penitentiary New Year.s Day. 1913 All except Herbert S Hockin of Detroit appealed and were granted a writ of superseadeas January 8, 1913 and ordered released on bonds of sIO0 0Oo for year of sentence imposed.
 In 1913 two were paroIed and all nave six of the remaining 30 were released < s they furnished bond. On January s fam the United States circuit court of ap- peals granted new trial to six of inc 30 and denied A new trial tc a. On March 9 the United States supreme court refused to review the conviction of the 24 and ths last hope of being saved from the pen by the law was shattered
 The order will affect only 19 of the 24 men, five of them having returned vol untarily to the penitentiary after the United States circuit court of appeals de- nied them new trial. They are Murray l.. Pennell, Springfield, ILL: Frank C. Webb, New York; Philip S. Conley, New Orleans: John T. Butler Buffalo. and Edward Smythe of Peoria.
 That the acts of the legislature are not sufficient to cope with the strike situation in case the federal troops are withdrawn. was the substance of a minority report adopted by members of the senate and telegraphed 10 Pres ident Wilson.
 We believe the measures passed by the legislature at ii..s session are in- adequate to meet the situation in this state" said the report. 'We protest ---->--------->---~-~~~-
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