The labor journal. [volume] (Everett, Wash.) 1909-1976, 1918-11-29
be requested to handle and direct the
movement.

| in the So-called san Francisco pre-
paredness day bomb case, the con-
viction of Thomas j. Mooney was
secured by means of what has since
been found to be perjured evidence;
and
Whereas, All legal processes Rave
been. entirely exhausted in an eff
fort to secure new and fair trial,
but without effect; and
Whereas, President Woodrow Will
son, after thorough investigation has
made three unsuccessful attempts to
secure justice, the defects in the
laws of California which make it
impossible to right a wrong COM
mitted by the court, no matter how
fragrant, being the great stumbling
block; and
Whereas. The Governor of. Cali
| fornia is the only living being whose
word can direct the court of justice
in this case and avoid the necessity
of drastic action; now therefore be
! it
Resolved, by the Central Labor
Council Of Seattle and Vicinity, in
regular session assembled this 10th
day of November, 1918, that we
again urge Governor William d.
| Stephens to say the word which he
alone can say and which will open
the way for a new trial or freedom
for Thomas j. Mooney.
The Council also expressed the
opinion that the subject matter Of
the above resolutions was justified
by facts brought out at the trial of
Mooney and after his conviction.
The Council, in the strongest
terms, condemned the California law
as defined by the supreme court Of
shat state, and given orally by Judge
Franklin Griffin (when he passed
final sentence condemning Mooney
to death) in the following language:
an this State it is the settled law
chat judgment cannot be set aside
because it is predicated upon per
jured testimony o. because material
evidence is concealed or suppressed.
"With all the harshness and sever
ity Of this rule, and with a knowl-
edge that injustice must at times
be done in its application, it is the
law defined by the Supreme Court
Of this State, and by it this court
IS bound.
"Nor can it be said that the duty
Of district attorney differs in the
trial Of criminal actions from that
counsel in civil actions. Each has
an equal duty imposed upon him by
The oath he has taken and by the
aw of the land, to present to the
court and to the jury only compe-
tent and legitimate evidence from
which may be determined the truth
of the issues involved. If that OBJ
legation be violated and perjured
violence produced or material evil
dence suppressed by either, as we
have seen, in so far as the judg
ment is concerned, the injured party
is without remedy"
In this case there was perjured
testimony and material evidence was
concealed or suppressed. There is
the strongest Of evidence that Prose
cutting Attorney Fickert violated his
cath when he presented to the court
ether than competent and legitimate
evidence"
A warrant was ordered drawn for
the money in the Mooney defense
fund remaining in the hands of the
treasurer.
Reports of Unions
The Butchers reported their union
voted to strikes in sympathy with
Tom Mooney when notified.
The Machinists had four initia-
tons.
The Piledrivers initiated two appli-
cants and favored the Mooney strike.
The death of Bro A. S. Bailiff was
announced.
The Teamsters reported a good
meeting with three limitations.
The Timberworkers had three ap-
plications.
The Printers reported all members
working. Transacted only routine
business at their last meeting.
A resolution was passed providing
that all future donations by the
Trades Council must first be referred
to a referendum of the unions af-
filliated.
After extented discussion of the
dues section of the laws commit
tee was appointed to revise the sec
M A