Arizona republican., 1918-04-24
Moorey's lII-Advised Friends

Organized labor, or those units of organized labor which have advocated a May Day strike as protest against the execution of Thomas J. Mooney are doing the worst thing Mooney that it is possible for them to do If Governor Stephens of California is inclined to extend cemency tc him, they making it more difficult for the governor do they making it almost impossible for the governor to act.
 We can easily see how the governor, if let alone. might pardon Mooney against whom there is another count on which he would be tried. The evidence in that trial would be the same in that at which he was convicted. That action by the governor would have the effect of allowing Mooney new trial some thing that the supreme court of California could not give him on the record that laid before it.
 But it would be thing for the governor to exercise the of pardon to remove the slightest risk of the punishment of innocent man. it would be quite another thing to appear to have disturbed the course of justice under coercion. Nothing could be more disastrous than demonstration that any class or organization should have to force the pardon of Mooney any member of Q class or organ zatlon. That would be sad day in America. It would be a proclamation of reign of anarchy.
 Writers contempt of court point out two evils that may follow the influencing the attempted in fluencing of courts. There strong judges and weak judges The strong judge will not be influenced. It is the weak judge that needs the protection laws against contempt His weakness may manifest itself in one of two ways He may yield to intimidation lthor improper influence. Or, if he happens to be 'earless and at the time narrow. he will be prejudiced against those who seek to influence him and he will do the thing they do not want him to do, regardless of the justice of it.
 Governor stephens is strong but this at tempt at coercion puts him an embarrassing po- sition. He will certainly dsregaru the threat of ssnized labor. His final action in the Mooney case xvha he vpi1I IA been if labor had been organized Yet the gov ernor is in this position; if he should pardon Mooney, he may think it is his duty pardon him.
 very large part of the public would believe that that action was taken under duress. Organized labor itself would believe and in many quarters there would be giostng and boasng that organized labor was pow erfu enough to break the judicial and executive powers of great state. Such an impression rather than the isnominous executing of even an innocent man. is to be avoided It would be far better rifice Mooney to the insane zeal of his friends.
 There is need discuss the reasonable in- port of such strike has been proposed and the disastrous effect of twenty-four hours of idleness upon our part in the war. Nor need much be said about the case of Mooney the question of his guilt or innocence. He convicted of @ murder that attended Preparedness Day parade in San Fran cisco. One fact established beyond any doubt his trial; that he was direct actionist' that he advocated the employment of violent means attain the ends of labor; that he violently opposed preparedness of the nation.
 After his trial a cloud was cast upon the testi- mony of of the witnesses directly connecting Mooney with the murder but that testimony was held to be not essential to conviction. The supreme court found in the record warrant for disturbing the judgment of the lower court.
 Later a federal industrial commission visited San Francisco and at the request of the president inquired into the Mooney case which then had been passed by the supreme court. The commissions inyes- tgation resulted in a recommendation of c1ernencv for Mooney. The president acting upon this recon mendaton. asked Governor Stephens to intervene in behalf of Mooney.
 Outside the ranks of labor the argument in favor of intervention dsregards entirely the matter of inc guilt or innocence of Mooney It urges d pardon for him for other than that oganzed labor asks for it; that need the sympathy and cooperation Of labor to win the if necessary we must sacrf- flee justice for it and allow murderer to go free That is, our case is so exigent that should com promise with anarchy to democracy
 Is democracy. is any known form of government can there be any organization of society worth price as that? And then, when we have paid that fearful price what will have? We shall not have compromised with anarchy after all; we shall have surrendered to it. and, that henceforh will be our form of government.