Denver labor bulletin., 1915-08-21

lohu Burke. Charles HaineS and
qualifying Hillyer from presiding
imaiely 900 men against whom
b1r, b.-su filed upon charges growing
uut of the coal strike.
AZ the .amc time the suprcia- court
i.-u.a a writ OF super-edct- staving the
sentence of life imprisonment imro.sd
upou John Il lawson national 'NtC'l-
tive board member of the United Mime
Workers af America. now confined M
the Las Animhs county jail Il Iuutdsd.
The effect Of this writ will b" to pee
vent taWson'- removal TO the Pcnii-n-
tiarv AT Canon City until tie srprotnc
.uurt set upon hi application for =
new trial
In granting the supcrseiea-. the court
did no, pas upon the question OF admit
ting lawson his liberty on bail Instead
II directed counsel for the state and de-
fsndaut Go filc briefs ON the question be-
fore the opening OF the new supreme
conr; term on September 10. at which
-fiuzr iis- matter Of tnsil viii l~ dstrr-
mined Ia the rneanfimc Lswson viii
remain in iaii There l. little doubt
:. hat what i, will b. acted upon favor
.sl,ly At that time.
Justice white Delivers Opinion.
iustic- : Harrison White delivered
the opinion granting the writ OF pro
hibiiion. lu-tices Hill. Teller. Scott and
Bailey conrurring. Chief Justice Cab
bert and Associate Garrigucs dis-en,ed.
The dissenting opinion wa- not filed
The live Judges who Joined in the de-
cisiau to oust IIillyer are Democrats. and
the two who diSsented are republicans.
Thi- has been the most important cas-.
with which the supreme court has had
to deal in many years The decision ~
. great victory for the cause OF justice
and upboid- practically every contcn-
tion OF unjust persecution made by the
United Mine Workers aud then attor
ncys II means the vindicRtion OF John
II Lawson. Louis Zancanncll and scores
oi other victims of the Rockefeller un.
ion labor crushing system IN this state.
II was tho first chance the high court
had to pass upon the outrageous pro
Greetings OF the lower courts. aud ~ a
-tiuring Indictment against John u.
Rockefeller. Governor Carlson and At
toru~v General Fred farrar. II prob
ably means the end OF strike litigation
and dismissal of most ot the men now
under Indictment No other Judge In the
-tatr can be found to 90 the route for
John D. and his hired agents that Hill
Vel has pursued.
Hillycr Found Biased.
In csscncc. the writ was granted upon
the ground that Judge iIillyer "ha.
within the meaning Of the law bias
or prejudice that would in all prob.
ability prevent him from dealing fairly
with the REALTORS ms defendants
Attorneys Horace \. Hawkins, A. NJ.
Bclchcr. John l.. East and Charles Ma =
honey. for the United Mine Workers.
presented pffidayits to the court in
which they expressed their belief that
Judge iIillycr was preiudiced and gave
their reasons therefore,
In addition. y NJ. McQuarric. u resi-
dent OF the state for thirty seven years.
presented an affidavit in which he said
Judge Uillycr during conversations. pre-
vious to his appointment to the bench
and even before his employment to as
si-t attorneys for the coal operators in
pushing strike prosecutions. had been
outspokcn and emphatic in condcmning
the striking miners and was strongly op-
posed 10 them and approved OF the nc.
lions in holding striking miners incom-
municado and in denying to them the
writ OF habcas corpus.
Farrar Opposed Application.
The applications for the writ were
made in the cnscs OF John Bukc and
Charles Haincs, accused of the killing of
Major y. F. Lester of the national guard
during the battle ut Walscnburg ON April
2n. 1914. and of X. Uyada. former
striker. also accused OF murder.
Attorney General Farrar, aided by
. Norton Montgomery and Frank G. West.
assistant attorneys general, opposed the
applications. .
In ihe decision Justice White cmpha-
sized that "thc first ideal in the admin
i-tmtion of justice is that the Judge
must be free from bias and partiality.
. Men are so agreed on this principle that