The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-02-15
Motion After MOtiOn-Plea
After Plea Are OverruIed.
Jury Trial Refused by Judge
Curran This Morning.
The COURT ROOM IS PACKED
Standardization Pleaded to
Keep Miners OFF Stand.
States Attorney Contests Every
Point in Contempt Hearing.


ffttsburg, KAN Feb. 15.-Fighting
a determined but Intellectual battle to
get all members OF the u. NJ. W. \.
excused from testifying. counsel for
Alexander Howat and the other union
officials charged with contempt of
court went down to defeat before re-
peated overrulings by Judge A. ].
Curran in the Crawford county district
court this morning.
After two or three witnesses had
been heard this afternoon the state
rested at 1850 O'Clock
When the noon recess was taken,
the defense had failed to keep out a
single bit of testimony it had objected
to.
All DemurrcrS OTCrrulcd.
Fighting to the last, the Howat law
yers. when the state rested, began a
vigorous attack on the case of the
state, offering a demurrer alleging
that the state had shown cause of
action, that conspiracy had not been
shown, that it had not been shown
that the defendants were connected
with offenses alleged to have been
committed and that there had been no
showing that the defendants issued the
strike order.
A special demurrer was filed for
Titus, Fleming, McIllwrath, members
of the executive board, asserting that
there had been no showing that these
men had called the strike.
Judge Curran at 2:10 O'Clock over
ruled the demurrers, declaring thdt me
written answer of the defendants ac-
mitted inferentially that a strike hS q
been called by explaining why one tlau
been called.
The Kansas court of industrial "ei9.
tions will sit tomorrow on the case OF
John McAllister and William Dixon
shot -firers. discharged by coal com
pany upon the demand of a local
itnion.s offfcers. and fined by the local
union for taking their case to the IN
dustrial court it was announced today.
All of the Industrial court Judges will
sit in the case.
Wanted Constitutional Rights
The defense argued that all mem
bers of the L. NJ. w. A. are defendants
in. the original injunction suit and
therefore are entitled to a constitu-
tionai exemption from testifying as
their testimony might incriminate
themselves.
Judge Curran sustained the conten-
tion of the state that while the miners
are defendants in the injunction suits
they are not defendants in the con-
tempt proceedings in which Howat and
the other district officials are defen-
dants.
a feature of the morning session
was the reading of the testimony of
Howat given when arraigned for con-
tempt February 7. and the reading of
DorchY's testimony which was simply:
II am guilty
The defense objected to the reading
of the words of Howat and Dorchy on
the ground that they did not have
counsel present.
G.afo CnnfrSfG VSvory Point
An attempt was made to show that
]. NJ. Gallery. brother of 0. H. Gallery.
general counsel for the miners, was
not counsel for Howat and Dorchy.
The state closely contested every
point raised by the defense at the
morning session. At noon an adjourn
ment was taken to l o'clock
Plans are being made by followers
OF Alexander Howat for a mass meet
ing of his friends at Lincoln park in
Pittsburg at 1880 o'clock tonight with
p. II. Gallery, counsel for the Miners
union. and r. S. Brennan. associate
attorney for defense in the contempt
cases on trial today. as the speakers
Court Room Packed.
At o'clock the court room and
halls were so packed that persons
who came turned away and left At
O'Clock Judge Curran convened
court. Howat and the other defend
ants were not in court. Richard ].
Hopkins, attorney general of Kansas
Fred S. jackson, attorney for the in
dustrial court, and c. A. Burnett,
county attorney. appeared for the
state. Judges of the industrial court
were present. p. II. Gallery, general
counsel for the Miners union, and II.
S. Brennan, special counsel, appeared
for the defense.
Six Face Jail Terms.
Those who face possible Jail SEN
tence for contempt of court in calling
the recent strike are: District Presi
August Dorchy. members of the board.
Willard Titus, Earl Maxwell. John
Fleming and James McIlwrath
Those charged with contempt in
filming union members for taking a
case to the Industrial court are: Joe
Bierbrodt, president of local No. 1912;
George Chips. local financial secretary,
and w. L. Hasson. local recording sec
retary.
The whole fight grows out of oppo-
sition of the miners, led by District
President Alexande Howat, to opera
ton of the Kansas industrial court
law. Both injunctions were issued 10
aid in its enforcement. The miners
contend the injunctions are void be-
cause the Industrial court law is un-
constitutional.
Raise Jurisdiction Issue.
They also contend that the strike
called recently to enforce increase
wages for a boy whose age is in dis
pute. does not come under Jurisdiction
of the industrial court, inasmuch as
the strike does not affect production
of coal to such an extent as to en-
danger the safety or health of the
public
tcontinued on Page SKI