The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-02-16
FINE ORDER is
KEYNOTE NOW
IN MINER TRIAL
HOwat Case Set Aside Pending
That of Local Chiefs.
Accused of Filming Those Who
Appealed to Kansas Court.
DEMURRER To DECIDE FATE
Judge Curran to Rule on At
tOrney's Motion Today.
No Order Issued Ending 'In-
dustriaI Holiday"
DEMURRER TO DECIDE FATE
Judge Curran to Rule on At
tOrney's Motion Today.

Pittsburg, Kan, Feb. l6.-District
Judge A. ]. Curran this morning took
under advisement a demurrer asked
by Attorney Redmon Brennan alleg-
ing the states evidence failed to sub
stantiate the charge that three Off
cials of local Miners union 1912,
were guilty of attempting to fine two
members for taking wage dispute
to the Kansas industrial court.
The court recessed at 11:15 a. m
until / D. m. to allow Judge Curran
to consider all the evidence and briefs
that had been offered in the morning
session, before making a decision on
the demurrer.
The defense rested upon the de-
murrer after the states witnesses had
been heard.
All Hinges on Fine Order.
If the demurrer is sustained it will
be an acquittal for the three men, Joe
Bierbrodt. George Chips and W. l..
~Hasson, charged with violating the IN
junction.
II the demurrer is overruled. the
defendants will stand convicted with
out further trial and will be assessed
fines or given Jail sentences or both
under the Industrial court law
The demurrer alleged that the
states evidence failed to prove that a
fine was assessed by the defendants
against John McAllester and William
Dixon. 1t also charged the evidence
also failed to show that the fine was
levied because the men took a case to
the industrial court.
The state introduced as evidence of
this order for the fine from w. l.:
Has-on recording secretary of local
union 1912, to local 1896, of which
GIcAHester and Dixon were members:
"A fine of $50 is to be checked
OF against John McAnester and
William Dixon. Please check off
and send to George Chips, financial
(signedj "W. L. HASsoN."
Inasmuch as the miners mass meet
ing last night took no official action
To return to work. they apparently in
tended to stretch the industrial hon-
day until Judge Curran issues d. de-
cis!on in the contempt case against
their president. Alexander Howat, and
five associates of the district organiza-
ton
Decision on both contempt cases will
come simultaneously today, Judge Cur
ran stated
Arc Arguing Howat Case.
Judge A. j. Curran is listening to
5cvcnty-five minutes of speechma king
in the Howat contempt case this aft
crnCon.
When court convened at 1 O'Clock
after a recess Tor noon, Judge OuTTdH
an.iounced that each side would be
Even forty-five minutes to argue the
Howat case, saying he did not care to
hear argument in the other case. that
of the Croweburg local union officials.
''I could decide it now" he said.
The state waived the opening argu
mont The oratory will be completed
at 1925 y. m.
Cases Not Consolidated.
Judge Curran convened court
promptly al 9 O'Clock. He addressed
a few remarks to the spectators, ask
ing them to Kindly refrain" from
demonstrations.
P. H. Gallery, counsel for the miners
union, asked Judge Curran If the cases
of Howat and the other district Off
cials and the three Crowesburg local
union officials were consolidated
Separate accusa tio1s were made
and separate attachments issued.
Judge Curran responded. The cases
are being tried as separate cases.
merely took the Howat case under ad-
visement until after this case is heard.
Be No Oratory.
THE state has no objection to con-
solidation of the argument" Attorney
General Richard J. Hopkins said.
Judge Curran: You remember
what the boy said about the apple
core? ?''
Lawyers smiled at this suggestion
of the court that there would be no
oratory There was disappointment in
the crowd of spectators as the word
spread the lawyers would get no
chance at speechmaking. Many who
had appeared today had come expect
ing to hear the arguments.
The case against the three Grove
burg local union officers then was
taken up. The accused officials are
Joe Bierbrodt. president; George
Chipp, financial secretary; W. L. Has
son. recording secretary. They are
charged with violating the injunction
of Judge Curran, issued last Septem-
Der, which specifically prohibited
union officials from inflicting a pen
atty upon any member of the union
for taking a case to the industrial
court The Miners union made a law
providing for a fine il any member
should do so. John McAllister, Jr
and william Dixon, fire bosses. were
discharged at Grove mine No. 16.
They alleged that they attempted to
find out why they We're discharged
union and then took their case to the
Industrial court. They obtained en-
ployment at Grove mine No. Is and
after working there two weeks the Of
ficials of the union at No. Is, now on
trial. notified the officials of the union
at No. Is to check off a fine of $50
each against the men. The explana-
ton was that they had appealed their
case to the industrial court
Miners Overrulcd.
Gallery. moved to quash the case
against the three officials; the court
overruled the motion. Then an OBJ
lection was offered to the Introduction
(Coutinued on Page SsxB