The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1918-05-24
FACTS CONCERNING
CONTINUED from Page Oney

committee for portion of the time
during which these members were
questioned. All were turned loose
except Toutsy and two others, who
were held not to be fit to become
members Of the new union, and re-
marks Mre made that they should
be deported out j of the city, and
other lie expressions. Mcdonald
advised against deporting them, urg-
ing the committee to put them on
probation. He finally, however, put
the question as to whether they
should De deported, and the question
was carried. Towey and the other
two were compelled to pose for
photographs and were then marchcd
unc-r guard to point OF about a
mile west of the city, where they
were released, after being told to
go, and h ep going, and not to re-
turn to the city until they had
communicated with Mcdonald to. as
certain that they could do 80 WITH
safety. At no time were any OF the
prisoners subjected to personal vio-
lence by those having them in charge
THE SUPREME COURT OF
MONTANA, IN HOLDING THAT
THE EVIDENCE WAS SUFFl-
GENT TO CONVICT MCDONALD
OF THE CHARGE OF KIDNAP-
Ping, SAYS:
| Nevertheless, theHa is
abundant evidence to show that
all of the persons submitted to
| the will of the committee be-
cause of the show of force made
by the number of persons who
accompanied and assisted it to
accomplish it's purpose, and the
hostiss spirit manifested by
their words AMID acts. Ii ap-
pears beyond question that the
committee, backed by other
members of the union accom-
panying it, was determined to
require submission to its de-
mands by all who were not
members of the new union. and,
not only so, but to visit upon all
who proved recalcitrant or We're
deemed unfit for membership
the penalty of deportation.
The purpose was shown by @x-
pressions uttered by the persons
taking part throughout the en-
tire proceeding, as well as by
the result. By show of force,
short, it is true, of personal
i violence or physical seizure, ex-
cept in Towey's case, the COM
mittee put under detention at its
pleasure, the time covering the
entire forenoon, in the case Of
/ Towey and his two companions,
who We're released and told to
go about noon. Under the cir
cumstances, ,the seizure was as
complete and effective as if each
one of the persons had been put
in irons. Their detention was
continued until ,it had been de
termined what disposition was
to be made of them, and final
4 ally the three Objectionable
ONES were compelled to submit
to the indignity Of being forced
to pose for the photographer and
then marched out of the city,.
State VS.. Mcdonald,
149 Pac., 279.
The court, while ccnceding tn
right of labor to organize says i
speaking of the union:
"Yet it had no right to resort
to coercion, by show of force
or actual violence, to accomplish
either purpose. The purpose of
the committee in visiting the
mine had its inception in wrong.
It was not to persuade the mem
bers of the old union to join the
new union. AS shown by the
announcement made on the pre-
ceding day and the course pur-
sued on the 9th, the purpose
was to prevent by force, if nec-
essary, any member of the old
union from going to work. As
sisted by it's partisans, it did
this. Not only so; it manifest
led the purpose by the subse-
quent proceedings to make an
example of those who attempted
to violate the edict of the pre-
vious day. There can be no
doubt that every person who
was present land gave aid and
encouragement to the proceed
i ings was guilty of kidnapping
Towey, under the third clause
| of the subdivision of the sfa