The Alaska daily empire., 1918-02-13

new trial The supreme court, how ever. found itself without jurisdic ton to consider matters outside the record. The case is now before the court of appeal to be disposed of solely on errors appearing from the record of the trial It the supreme court should find error, reverse and grant a new trial, the relief the sit uation needs would be provided. Ii the supreme court finds that the record discloses no reversible errors and therefore confirms the convic- ton, the relief will have to be sup. piled through the executive action of the governor of California and the cooperation of the prosecuting off cers
 H. Such relief it is hoped will be forthcoming. It is now well known that the attention to the sit uation in the East was first aroused through meetings of protest against the Mooney conviction in Russia From Russia and the Western States IIOtCoI Spl eau u Nilt t1llIt COuHlIN ' until it has gathered momentum | from many sources, sources whose opposition to violence is unquestion- 1 ed. whose devotion 10 our cause in l the war is unstinted The liberal | sentiment of Russia was aroused the liberal sentiment of the United States was aroused, because the cir cumstances of Moneys prosecution, in the light of his history, led to the belief that the terrible and sac red instruments of criminal justice were consciously or unconsciously made use of against labor by it's enemies in an industrial conflict 12. However strange or however unexpected it may be. the just dis position of the Mooney case thus I affects influences far beyond the con fines of California, and California can be depended upon to see the wider implications of the case With the mere local aspects, with the political and journalistic conflicts which the case has occasioned, neither the commission nor the coun- try at large is concerned But the feeling of disquietude aroused by the case must be needed. for if uncheck- ed it impairs the faith that our dem- Ocracy protects the lowliest and ev- en the unworthy against false accu- sations. War is fought with moral C un11 at pria1 Nn are in this war to vindcate the moral claims of unstained processes of law, however slow at times, such processes may be. These claims must be tempered by the fire of our own devotion to them at home.
 Recommendations of Commission
 13. Your Commission, therefore, respectfully recommends in case the supreme court of California should find it necessary (confned as it is by it's jurisdictional limitations) to sustain the conviction of Mooney on the record of the trial, that the President use his good offices to in yoke action by the governor of Cali
 
 prosecuting officers to the end that a new trial may be had for Mooney whereby guilt or innocence may be put to the test of unquestionable justice. This result can easily be accomplished by postponing the exc cution of the sentence of Mooney to await the outcome of a new trial, based upon prosecution under one of the untried indictments against him.
 Respectfully submitted,
 w. B. Wilson. Chairman.
 J. l.. SPANGLER
 F. p MARSH,
 VERNRE z. REED,
 JOHN H. WALKER,
 FELIX FRANKFURTER,
 Secretary and Counsel.
 MAX LOWENTHAL,
 Acciatapf Saprntarv