The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1934-10-31

he was advised by the L L. D. that
1t had once more retained Mr.. WAL
ter H. Pollak, eminent constitu-
tional lawyer who had argued the
first appeal in the United States
Supreme Court in the Scottsboro
case successfully, to argue the pres
ent appeal in that same court n
collaboration with Mr.. Osmond K.
Fraenkel. .,.
The International Labor Defense
has two-fisted policy Of defense:
widest mass protest defense plus
best legal defense. It's idea of best
legal defense is to retain the most
competent lawyer Tor the partic-
ular lob at hand. When it needed
an attorney to argue the appeal in
the United States Supreme Court =
it retained Mr.. Pollak; after he
had won the appeal there and it
was faced with the necessity OF.
selecting a trial lawyer, 1t selected
Mr.. Leibowitz; when once more it
was faced with an appeal to, the
highest court in the land, it again
selected Mr.. Pollak, this time in
collaboration with Mr.. Osmond K.
Fraenkel chief counsel in charge
of the appeal, who bears an OUT
standing reputation as a consti-
tutional and appeals attorney. The
International Labor Defense was
not concerned with the social, po-
litical or economic views Of the
attorneys that it retained; it only
sought an outstanding man for the
particular job that had to be done
at a particular time The Inter-
national Labor Defense well know
that Mr.. Samuel S. Leibowitz had
never argued an appeal to the
United States Supreme Court in
his life; it did not propose that he
gain his first experience at the
expense of the Scottsboro boys, to
whom it was a question of life or
death.
The reaction of Mr.. Samuel s.
Leibowitz was first to announce mis-
withdrawal, but he had already
sent emissaries to sign up the
defendants, and then followed the
barrage of criticism against the
I. L. D. for its propaganda; and
when that charge, coming from the
lips of man who had known full
we'll and was entirely familiar with
the campaign of the international
Labor Defense waged before he
came into the case and during the
year and half that he was in it,
fell flat, he turned to personal &C.
cusations and insinuations against
the attorneys for the I. l.. D. and
the I. L. D. itself, charging them
with negligence. In the light of
the foregoing this charge also fails
to hold water.
want to conclude, however, with
a matter which 1 have purposesS
left to the end because I think it is
of the most vital Importance.
Mr.. Chamlee, Mr.. Leibowitz, and
the Amsterdam News seem already
to have agreed that Haywood Pat
terson must and will lose his ap-
peal; that he is doomed to certain
death on December 7th. This
smacks of desertion, perhaps worse.
Already they are preparing an
alibi, namely, the fault lies with
the LID. and It's attorneys, an
explanation that will stand the
southern ruling class in good stead.
Alabama would like nothing better
than to make burnt offering Of
Haywood Paterson to the damrable
theory Of white supremacy and
then pour oil on troubled public
opinion by making gesture OF
generosity and condemning the
others to life Imprisonment and
perhaps even giving less than life
to couple of the defendants. The
demand of the working class Of the
world, black and white, yellow and
brown, must be the unconditional
freedom for all of the Scottsboro
boys.
Thirty-nine days remain. 1t is
not yet too late. Let the. voice of
mankind be heard.