The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1922-01-03
|. v. v. CONWC1S
CLAIM CASES ARE.
SIMILAR TODEbS'
Three Groups In Jails Request
Special Conference With
Attorney General.

4
OF I. w. w. political prisoners con-
victed under the espionage act has
Just been presented to the Attorney
General by Otto Christensen, attorney
in the Chicago and Wichita cases.
This special brief shows that the !.
w. w. cases are ia every way anal
Cgous to the case OF Eugene v. Debs
and other free-speech prisoners who
were released from Jail on Christmas
day by an act Of executive clemecy.
A committee of lawyers representa-
ng the American Civil Liberties Union
has requested a special conference
with the Attorney General to discuss
these cases. The committee IL en-
psoed Of Francis Fisher Kane, of
Philadelphia, former United States At.
torney J. II. Ralston, Of Washington.
counsel for the American Federation
of Labor. and Albert DeSilver, OF
New York. The brief proves beyond
dispute that there Is no difference be-
tween the defendants in the I. w. w.
cases and other political offenders.
The l. w. w. cases tried in three
groups in Chicago, Wichita, and Sac.
ramento involve 100 men, who are
still in Leavenworrn penitentiary.
The original charges against the de-
PENDANTS included what are termed in
dustrial counts. involving the use Of
force or violence. The decision of the
appellate court in both the Seventh
and Eighth circuit reversed the de-
cisions on the industrial charges be-
cause the court considered that the
evidence did not prove the charge.
These court decisions placed the cases
of the I. w. w. prisoners In the class
with Mr.. Debs' case and the free
speech prisoners.
Industrial Counts Defeated.
The charges against the men held
in the Wichita case, only five OF
whom are still in prison, are similar
10 those in the Chicago case. Here
again the decision Of the court OF ap-
peals fails TO sustain the Industrial
counts. Upon this decision most Of
the men in prison were released be-
cause they had served their sentences
for offenses against the espionage
law.
The Sacramento case. involving
thirty men still in Leavenworth diff.
fers from the other two cases because
the defendants were not represented
in the trial by counsel and declined
to make a defense in court. Their de-
termination to be silent defenders"
Is traceable TO their conviction that
both courts and juries had so deep q
prejudice against war offenders az to
make a defense futile. In this case q
general verdict Of guilty was returned
and the court imposed a general SEN
tence. To quote from the brief:
IF we are to accept the conclusions
OF the circuit court of appeals. both
for the Seventh circuit and the Eight
circuit, on the Industrial counts, then.
as to these defendants, there remains
only the espionage count to support
any sentence In excess of two years,
and since these defendants have
served the maximum sentence that
could be imposed for violation of the
selective service act, there would re-
main only to be considered their con-
viction on count 4.
ITO support our contention that the
defendants In this case should be
classed only as espionage prisoners.
we have the decisions OF two circuit
| courts OF appeals on identically the
same counts, for these counts were d.
rectly before the court for consider
alton. In the Seventh circuit the
court held the offenses were neither
proved nor pleaded IN the Eighth
circuit they held there were no such
offenses against the laws as pleaded"
Why the Men Declined.
The position of these defendants IN
refusing to take part in court proceed
Ings may be understood in the light
of the Chicago case, when the jury
returned in twenty-five minutes 400
| verdicts Of guilty in a trial in which
the taking Of testimony last five
| months.
Mr.. Christensen quotes the writings
of many of the prisoners which were
offered as the evidence in the trials.
These articles deal specifically with
the war situation; they criticise the
Government specifically on its war
policy. Opinions opposed to war are
| here expressed. The defendants had
been known to oppose war for many
years prior to the outbreak OF the war
in Europe; they continued to oppose
war after the United States entered
| the war.
The brief OF Mr.. Christensen sum-
marizes and reviews these facts for
| the Department OF Justice.