The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-02-15
H0WAT COUNSEL

| The state contends the strike was
called deliberately in an attempt to
| possible of enforcement and thereby
influence adversely six state legisla-
lures which are considering enact
| ment of similar laws
| The state claims intentional viola
! ton of the injunctions and asks that
the men be punished for contempt of
| court.
Fight Trial of Case
Attorneys for Howat and the other
defendants at the opening of the trial
today fought a battle to avoid a trial
before Judge Curran. Gallery moved
| to quash, arguing that the court had
no jurisdiction and that the industrial
court law is unconstitutional. Judge
Curran overruled the motion. Bren-
nan then asked for a trial by a jury,
which request was refused by the
court.
At 9:15 o'clock Howat and the other
defendants, including August Dorothy,
| the district vice president, and four
| members of the executive board came
| in. These men are: James McIllwrath :
| member from Cherokee county: Will
lard Titus, Pittsburg; John Fleming,
Frontenac; Hearl Maxwell, Pittsburg
The two other members of the board
are Amos Standering of Rich Hill, Mo-,
and John Billings of Usage City. They
were not present at the meeting at
which the Mackie strike was called,
Howat testified before Judge Curran
| last week.
Thomas Harvey, the district secre-
tary-treasurer and by virtue of that
| position a member of the executive
board, is not a defendant. He was
discharged when taken into court last
week when he went on the stand and
testified that he had opposed the call
ing of the strike and did not vote for
it. His testimony created a sensation
no r. .xx-ith
being generally considered here a more
| important development than the ar
rest OF Howat and the other officials
| for contempt.
Union Pleas OverruIed.
Brennan moved that judgment ,be
rendered on the pleading but the mo-
ton was overruled. Gallery moved
that the action be quashed, alleging
that the writ had been improperly Oh
| tanned. The court overruled the mo-
| ton and the defense lawyers gave up
the attempt to avoid a trial and the
F.! taking of testimony began.
Taking of the testimony of Morton
then proceeded. Morton, in answer 10
questions, said, that George Jenlsins,
foreman of the H. mine, phonei to
him on the morning OF February uf
the strike.
Morton testified that the men
worked Wednesday. February 9.
| cleaning up, and then took out their
tools. He said Fred Goldberg fore
| man of the j. mine. notified him of
the strike order and them this mine
also was cleaned up February 9. Each
of the mines employs, Morton said,
few more than 100 men and the total
production was 800 tons daily.
| On cross examination Morton was
| asked by Brennan:
Have you done anything to get. Ia
| bor?"
NO" Morton replied.
Have you directed any one to OBJ
| tain labor?" Brennan continued.
NO. Morton said.
| Morton said that work became slack
at the mines two weeks ago and few
orders for coal had been received
He was excused and jenkins, the H.
| mine foreman, called to the stand. He
told Of having been notified of the
strike order by the local union Off
| Gals, who showed him the strike or
| der signed by Howat and Dorchy
The state offered the strike order
for Identification and the defense i'm
mediately offered strenuous objection
asserting it had not been properly OBJ
tanned by tn state and wanted to Of
fer evidence to show how Attorney
Jackson obtained it. Judge Curran
refused to permit such a showing.
| Goldberg was not cross-examined.
! Crowd Quite Noisy.
| The crowd, in the court room was
quite noisy at times. Loud laugh
ter broke out a time or two, when
Brennan threw sarcasm or humor into
| his questions. Judge Curran raped
frequently for order as did Sheriff Milt
| Gould. In addition to the sheriff an
undersheriff, a deputy sheriff and two
bailiffs, are on the job in the court
ROOM However, the feeling in the
/ court room did not appear tense.
| Mrs. Carran, wife of the Judge was
not to be denied a chance to hear the
case. The judges offices is a little
room off the court room. at the corner
| of the city hall building. Mrs. Cur
ran climbed thru a window into the
/ little office.