The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-06-27
| LABOR HOLIDAY
PLANS F|zzLED
Trial of Alex Howat Starts With
Little Demonstration.
Not Expected Till Jury Picked,
Says Union Chief.
MOTION TO QUASH 0VERRULED
Chief Defendant and Lieuten-
ant Were Late for Court.
Trial VIII Be Test of Whole
Kansas Statute.
MOTION TO QUASH OVERRULED

for the HoWat trial, appeared to have
fizzled today. Instead of the 5000
men expected, less than $500 miners
were gathered at court house square
when the trial of Alexander Howat,
district president, and August Dorchy,
vice president of the United Miners,
was begun.
They'll be here tomorrow after the
jury is picked" said William Freeman.
president of the State Federation of
Labor, who called the labor holiday"
but labor leaders were openly disap-
pointed.
When the trial was called, there was
only a small crowd in Columbus. The
first interurban car in this morning
was not filled. The two cars followed
were filled with miners from the coal
fields, all of which are north of Col
umbus. Officials strictly enforced or
ders that no crowd be allowed to pack
itself into the court house and only
officials and newspaper men and law
yers were allowed inside the railing.
No Reception for Visitors.
John D. Huntington. of McCune, for
merly Socialist sheriff of Crawford
| county and Democratic candidate for
| congressman from the third district
! last year. was in Columbus Saturday
/ to see about arrangements for taking
care of the crowd here this week. He
left, announcing that he would return
yesterday to make the arrangements.
I He did not appear yesterday and so
far as known this morning, no ar
rangements had been made for enter
tainment for the visitors expected.
i! On the states side of the table ap-
peared Richard J. Hopkins, attorney
! general of Kansas; Charles B. Grif-
/ fifth, assistant attorney general; John
| M. Egan, assistant attorney general,
and Leo Armstrong, county attorney
| of Cherokee county. For Howat and
Dorchy appeared J. l., Sheppard of
| Fort Scott, R. S. Brennan of Kansas
I City, and Charles Stephenson and c. A.
Mcneil of Columbus. All except two
or three seats in the court room were
filled and no more persons were being
| admitted to the room.
! Quash Motion Overruied.
! Brennan made a formal law argu-
ment, asking that the indictment be
quashed. While he was speaking, the
Frontenac band sent to Columbus by
union miners at Frontenac came into
town playing. The music was heard
in the court room. Sheriff William
Harvey moved to the judges bench
/ and asked if the judge desired the
band not to play. Judge Boss in
| structed the sheriff to stop the band
Sheriff Harvey followed the courts S
instructions, and advised the band
leader that he would have to move his
I band two or three blocks from the
square If it played.
+ Judge Boss overruled a motion to
quash the indictment against Howat
and Dorchy and ordered the trial to
proceed. Two members of the jury
panel, who had been excluded from
the court room during the argument
on the motion, were brought back
into the room and Judge Boss an
nounced the jurors would be kept to-
gether during the trial. This depar-
ture from the usual procedure, the
judge announced, was on his own mo-
ton. Examination of jurors then be-
gan.
Defendants Were Late.
Howat and Dorchy were not in the
court room when the case was called.
Judge Frank w. Boss delayed the pro-
ceedings for their arrival. In few
minutes the accused union officials
came in and the judge ordered the
, trial to proceed.
Two other judges before whom
Howat. has appeared in the last year
and a half have sent him to Jail. The
first was Judge A. B. Anderson. of the
| federal court at Indianapolis. The
other was Judge Andrew J. Curran, OF
the Crawford county district court al
Pittsburg, who sent Howat to jail
more than a year ago for contempt
| of court, and again sentenced him to
last February.
Case VIII Be Test.
| The trial will be a test of the Kan
sas industrial law. The particular
charge against Howat and Dorchy in
wolves the calling Of a strike in the
| Mackie mine near here. A youthful
miner was being paid boys pay" II
was claimed. The operators refused
to raise his wages. Howat, in de-
fiance of the Industrial court. issued q
written strike order. The arrests fol
lowed.
The entire defense fund of tht
| Western Federation of Miners ha:
| been thrown into the case. For /
Howat is beaten, there is little doub'
| but that the Kansas industrial act will
be copied and put into effect in 9
score or more of states within th'
coming year,
Howat's defense will be new II
criminal history. He will admit tn
strike order, it is said, but will stanC
upon his constitutional right to do so
His attorneys will seek to show ''gi
gantic conspiracy against labor" II
Kansas.
1t is expected the work of securing
the jury will occupy two days.
At noon Judge Boss announced tina
court would take a recess until 1:3
| o'clock. Seventeen jurors had beel
examined of the panel of twenty-fou
4 and SIX had been excused because o
I having opinions and two had been ex
r cused for other reasons.
e W. l. Higgins. presiding judge o
/, the industrial court, subpoenaed as
d witness for the defense, appeared il
the court room during the mornin
r session and took a seat among tn
[. miners and others in the audience. "
y L. Lambertson, former speaker of tn
t Kansas house, also came in. Severa
:, former members of the Kansas senat
t also subpoenaeds by the defense, ar
rived here this morning.