The labor journal. [volume] (Everett, Wash.) 1909-1976, 1916-12-29
STATE QUITS ON MURDER CHARGES
AGAINST THE NESABA DEFENDANTS
COMPLETE COLLAPSE OF CONSPIRACY CHARGE AND
DOCTRINE-SCARLETT, SCHMIDT AND
TRESCA FREE!

T begged that they be allowed to as
sumo the sentence of Phillip and have
it added to their own so Phillip might
go free! The impossibility of this
reaching their understanding, they
gave cordial assent to the plans, and
in keeping with some simple, touching
native custom, all clasped hands and
kissed each other to signify mutual
devotion and ratification of the
agreement.
A settlement assured, next morning
in open court, Masonovich, Nickich
and Cernogorovich were formally
sentenced to an indeterminate term,
eligible to parole in one year. Mrs.
Masonovich and Orlandich were dis
missed and Tresca, Scarlett and
Schmidt released upon an indefinite
postponement without bond or recog-
nizance for their return and the eX-
pressed understanding that they go
from the range only when their con-
venience permitted, and they were so
disposed, nor was any eXaction made
limiting their activities on or off the
range. They went from the room
practically free, and observers look
for an early dismissal of their cases.
Arthur lie Sueur, assistant counsel,
arriving in the city and coming to
court as the hearing began, was in
formed Of the settlement and signified
his approval.
The district attorney, in stating to
the court, said he had entered a nolle
prosequi as to two of the principals
and the three organizers because he
had no evidence that would warrant
a conviction. This declaration of the
state and its acceptance by the court
is of particular and immense i'm
pOrtance, as the vital PRINCIPLE
INVOLVED in the entire case was the
endorsement or reputation by the
courts OF the state of the DOCTRINE
OF CONSPIRACY as cited in the
Haymarket decision, which, though
apparently obsolete and infamous, has
been often used against labor leaders
John Lawson of Colorado among
others.
This outrageous precedent is now
BROKEN in force; even more than
verdict of mot guilty" given to the
organizers by jury could break it;
a jury's verdict being on a point of
fact, while this case can be cited as
the courts opinion on a question of
legal definition
! A great danger is removed from
ALL organized labor and evidence es-
tablishing some physical completely
in the deed will have to be introduced
before a speaker or organizer can be
held for crimes committed by other
persons.
/ At a meeting of the central COM
mittee of the miners union on Sunday
a vote of appreciation of the settle
ment and of thanks to the defense
committee and counsel was carried
unanimously. Sunday afternoon spir-
tied addresses were delivered by
Scarlet and Tresca in the finest
opera house in Virginia, the largest
range town, the miners greeting them
with tumultuous applause.
From those who lead in the civic
life of the state comes the warmest
appreciation of the union and what it
has done Mayor Power of Hibbing
and Mayor BOylan of Virginia state
that the result of the strike is in
evidence by a wage raise of 25 per
cent, and that above all else the miner
no longer feels that slavish fear of
the boss. Says c. M. Atkinson. a
noted range editor: "The strike was
the best thing that ever happened to
the State of Minnesota. 1t awakened
the civic conscience to the omnipo-
tence and fundamental rights of labor
and for the first time in history a
strike against the mighty Steel Trust
has ended with the union alive and
growing. My hat is off to the union
that forced such a victory"
(Signed) HARRISON GEORGE.