The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1930-09-22
By CARL SKLAR.
(Sentenced to FOlsom.)

fornia that serious legalstic illusions exist
with regard to the possibility of attaining ac-
quittals in capitalist courts. These illusions
exist not only among non-Party workers but
in the Party as well. Only a short while ago
a member of the Los Angeles Section Com
mittee expressed criticism against a comrade
giving as reasons two points:
First That in the trial of comrades arrested
on March at the unemployment demonstra-
tions-this comrade antagonized the judge by
asking the type of questions that were really
not legally" proper.
1t happened that the question that particu-
larly antagonized the judge was asked in the
examination of the jury. Each juror was
asked whether he or she ever worked for
wages This was done to expose the class
character of the jury panel. 1t developed that
about 70 per cent Of the panel from which the
jury was to be selected consisted of individuals
that were retired-the rest composed of bust
ness-men and professionals.
The second ground for the comrades COM
plant was that such attitude would ''an-
tagonize" the jury well as the judge, and
that such things really were not done" 1t
was not the regular" or illegal" procedure to
inject political issues into the selection of the
jury.
The Section Committee sharply criticized
NAASNAS
sions The committee clearly pointed out that
such illusions meant the elimination of a clear
cut class line which at the same time exposed
the character of the courts as agencies of the
capitalist class used for the suppression of the
workers Such illusions, it was pointed out,
would change this clear cut class line into
shameless speculation as to this judge, or that
juror, and instead of shattering the illusion
that there can be no "justice" for workers in
capitalist courts-would further such an illu-
sion among the masses as well as in the Party.
Instead of placing squarely in the forefront
the real class issues and modelling the masses
behind these issues the Communist trials and
the trials of all class fighters would be mar
rowed down to fit the frame work of capitalist
legality.
The Section Committee, therefore upheld the
policies applied and rejected the manifestation
of legalstc illusions in the committee. The
comrade then acknowledged hs error.
Repetition in the Imperial Valley Trial
The above issues were cleared up in the Sec
ton Committee on May 4th. On the following
day l was arrested on a warrant and taken
down to FL Centre to join other comrades and
fellow workers who awaited the we'll known
trial of the Imperial Valley cases. This trial
was scheduled for May &c.
What was our amazement when decision
came from the Section Committee to the COM
rades in prison in the Imperial Valley that
they must leave the case in the hands of the
lawyers.
What was the only possible conclusion and
practical effect of such policy? First-the
comrade who advanced the above argument
might as well have said: Comrades, we must
60 easy in putting forward class position.
Let the lawyers do the talking. Let them con-
duct the defense on legal grounds. The pos
sible sentences are too heavy to take chances"
by militantly putting forward the real class
issues of the case"
Secondly this policy at once reflected itself
ar one of the defendants who likewise
de illusions. These illusions went so
far hen the lawyers advised that the or
ga Of the Communist Party of Los An
geles and likewise the organizer of the Inter
national Labor Defense should not take the
witness misunderstanding the illusion that this
may prevent conviction-some of the COM
rades on trial temporarily succumbed to this
proposal.
Legastc Illusions Shattered
The wrong line adopted with regard to the
conduct of the trial reflected itself in each
phase of the case. But alas! The looked for
results did not materialize
The trial" was conducted in highly legal
istc manner. Workers came to see and hear
the fight. Unfortunately there was nothing
to hear except the long, highly technical argu-
rents couched in incomprehensible legal
phraseology The workers came-yawned a
while-and left In all accounts of the trial it
the attorneys that featured as the
fighters" Instead of using the courtroom as
forum land this method would have kept the
court room filled with workers. instead of
making this fight Of the workers against the
bosses and boss "justice" the entire trial was
turned into an Elusive search for Justice in
the capitalist court, through legal" "safe"
methods.
This safe" policy calculated to result in
lighter sentences-succeeded in 'moderating"
the trial and its class line-but not the SEN
tences. These were melted out to their maxi
mum limit.
IN Important Political Omission.
While on the question of the Imperial Val
ley tIiGl, it is necessary to point to an i'm
port"nt error made in connection with the
can'peign on these cases both locally and ma
tcnally.
Nowhere is it being pointed out that this
event represents not only an attack upon the
Communist Party and the revolutionary trade
unions as the vanguard of the working class
by the growers of the Imperial Valley-but by
the entire capitalist state machinery of south
ern California
Led by the Los Angeles Chamber of Com
meTce the state apparatus dealt its heaviest
blow first of all against the Communist Party
Members of the Geo and Polcom speak of
these convicted in the Imperial Valley case as
"organiZers Of the Agricultural workers of I'M