The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-03-01
HOWAT ON TRIAL
With August DOrchy, Faces
Criminal Charge Now.
Preliminary Hearing Expected
To Be Lengthy Affair.
UNION LAWYERS LOSE FIGHT
Motions Made at Opening Of
Court Overruled.
First Such Charges Brought
Under New Kansas Law.

O0-oihDO1, IAdli-t i-<1ltoI-
neys for Alexander Howat and August
Dorchy. officials of the Kansas miners
union charged with commercial viola
ton of the Kansas Industrial court
law prepared to make a vigorous fight
for dismissal of the case against the
officials in the court of Justice J. r.
Carter here today
Half an hour before the case was to
be called, the district court room to
which the preliminary trial had been
transferred from the Small court room
Of Justice Carter, was packed. (
Howat Lawyers Plan Fight.
The Howat-Dorchy lawyers planned
to offer motion to quash the COM
plant on the ground that no cause of
action had been shown, to be followed
by a motion to quash the warrant
upon which Howat and Dorchy were
arrested.
Failing in these efforts they planned
to offer a plea at bar or in abate-
ment, alleging that the defendants all
ready had been tried for-the same Of
fense and sentenced to serve a year in
jail referring to the conviction of
Howat, Dorchy and others for con-
tempt OF court here ten days ago. R.
J. Hopkins. attorney general, is as
torney in the prosecution
Motions Oyerruled.
When court convened, P. H. Gallery.
counsel for the defense, Offered his
three motions and submitted them
without argument. Justice Carter
overruled them and ordered the state
to proceed with its testimony.
The state called L. II. Winter, re-
porter of the first division of the
Crawford county district court, in
whose possession are the strike orders
issued by Howat and the ether union
officials. Winter was late in arriving
from Pittsburg and the trial was de-
layed pending his arrival on the stand.
Most of the persons in court room
are students of the public scheels IN
court to study procedure. The civics
class of the Cherokee county high
schools offieia1}yzattssading the hear
ing. a-,re. = -
before noon. 1t was indicated that
the hearing might consume the whole
day.
Strike Order asa Evidence.
The state introduced into evidence
the strike order and put, George
Young, an official of the local Union
at H mine of the Mackie, company,
on the stand to prove that Howat had
delivered to the local the strike order.
L
were present at the meeting which
Howat attended at Scammon were put
on the stand to testify concerning the
delivery of the order by Howat. The
state then rested and the defense also
announced that it rested.
Judge Carter adjourned court until
1880 O'Clock, when arguments will be
made. 1t is expected that most of the
afternoon will be consumed by the
lawyers. -l--.
Arrested Two Weeks Ago.
Howat and Dorchy were arrested
two weeks ago in. Pittsburg, and
brought here, where they were re-
leased on bond to appear today. The
strike was called to obtain what union
leaders declared was back pay due
Carl Mishmash, a miner. Howat,
Dorchy and several members of the
unions executive board were founo
guilty of. contempt of court in calling
the strike by Judge Andrew J. Cur
Ian of the PittSburg district court and
sentenced to serve year in Jail.
They have appealed the case. The
Pittsburg court held the men had vio-
lated an injunction issued by it in cali
ing the strike. Later, the court of in
dustrial relations in a ruling, held that
Mishmash was entitled to the disputed
wages and directed the company to
pay him and ordered the striking
miners back to work.
First Charges Under New Law.
The charges against Howat and
Dorchy here are the first of the kind
/ to be preferred in the Kansas coal
fields and conviction carries with it a
| fine or prison sentence, or both
| Complete idleness prevails in the
Kansas coal fields today The miners
/ are refraining from working because
I of the preliminary hearing of Alex
1
Dorchy. vice president. of the Kansas
! miners union at Columbus, where they
| face criminal charges in connection
! with the calling of the strike at the
/ H mine of the George K. Machie Fue
company at Scammon, in Cherokee