Evening star., 1922-12-10
White Issues Statement.

White Issues Statement.
White. in a statement after the
hearing. declared he had been "ku
Kluxed." and by a court that did not
tails and give a. Ku Klux parade"
r. NJ. Hamer. attorney fCr White.
asked Judge Harris if he would make
a statement as to whether White had
been done an injustice by the admin
istration's actions.
After reviewing the information
and citing the fact that three times
Mr.. White appeared demanding trial
and three times the state refused to
try him. asking continuances. Judge
Harris said:
THE state has a legal right to a
dismissal of its case. but it is a great
wrong to charge person with a
criminal offense and humiliate him by
arrest maliciously or without prob
able cause; the lay mind associates
arrest with guilt.
THE court is forced to the conclu-
sion in this case. by the conduct Of
the moving party, that this case was
commenced maliciously or recklessly,
without investigation of the facts to
ascertain whether a prosecution was
justified. and in either event the ac-
tion was equally reprehensibIe.
"A defendant in a criminal prosecu-
not think the defendant in this case
has had it. He is left in a most en-
bar:assing position
Judge Harris emphasized the wrong
that had been done Mr.. White by re-
citing rumors which the states per-
sistent refusal to try him has started
To BE Dropped Mt States Cost.
The case will be dismissed on the
application of the state at it's cost.
"Of course. 1 am bitterly disappoint-
ed at the outcome of this case" Mr..
White said in a statement this even
ing. Il was arrested during the late
railroad strike for posting in my
window a placard declaring halfway
sympathy with the strike. in which I
had ordered all placards down. I
defied his order in order to test the
case in the courts, because good
lawyers said it was an illegal order.
'"The attorney general declared that
I had not violated the picketing law.
Judge Higgins. chairman of the in
dustrial court. declared publicly that
] had violated no law. But Judge
McDermott of the industrial court
felt that an arrest should be made,
and is responsible for the warrant,
signed by clerk in the governors
office.
II had Gov. Aliens assurance be-
fore he left for the governors con-
ference in the east that some way
would be found to get the case into
the court. But Judge McDermott
vetoed him. And so we go into the
next labor controversy without an
important point settled which might
have been settled.
Under the promise of the trial, I
asked that the placards come down
and they came down all over the
state. I am now denied a trial, and,
what is more, the state has not dared
1icn n1o1
poster.
''Ku Kluxed' by Court.
1T all amounts to this: This in
dustrial court law, which 1 believe
was written to establish law and
order in labor controversies, will
never stand on the books If under it
men are arrested on tricky warrants
that the state dare mot defend in
courts. Prussian methods on the
part of officers of the law on behalf
of law without warrant of law. are
worse than lawless methods of
capital and labor in their battles I
was 'ku Kluxed and by court that
did not have the CUTS to pull out
their shirt tails and give a Ku Klux
parade.
The attorney general and the
presiding judge of the court seemed
to think they had no case against me.
and Judge McDermott, who Is respon-
sible for the warrant for my arrest,
has neither the common decency nor
the manly courage to come down and
try the case on it's merits"