The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1935-02-27
Questions
and
Answers

LeibOWitz and the ScOttsbOrO Defense
Question: In view Of Attorney Leibovitz' recent
actions against the scottsboro boys why did the
International Labor Defense permit him to par
ticipate in the arguments before the United States
Supreme Court7-N E.
Answer: On Oct T. 1884 Attorney Leibovitz
first announced that he had been retained by Hay
wood Patterson Clarence Norris, and all the Scots
boro mothers. to conduct the scottsboro appeals
to the exclusion OF the international Labor Defense
and its attorneys. The I. L. D. issued statement,
which the Daily Worker published declaring that
IL would not permit controversy to interfere with
It's main aim Of serving the best interests Of the
scottsboro boys If Lebowitz's statement was true,
the L L. D. would make available to him the neces-
ssry papers to conduct the appeal
Soon after, upon investigation of the circum-
stances and basis Of Leibowitz announcement it
was discovered that his claim was false Both
boys, and all the mothers repudiated LeiboWitz and
his statements re-ahming their faith in the T. L. D.,
and signing new retainers for the attorneys re-
tanned by the T. L. D. These retsiners were pub
lished in the Daily Worker during the month Of
October, detailed stories by the mothers Of
how they and the boys had previously been tricked
into reputation of the Z L. D.
Meanwhile Leibowtz seeking fame at the ex-
pense Of the boys, aided by the Negro reformists,
seeking TO stem the movement Of the Negro
people dIuuLu llt Ease lhunCNeQ an dbLdCh upon
the I. L. d. They set up a so-called american
scottsboro Committee" basis for their attempt
to split and divide the scottsboro defense movement
The pressure on the boys was redoubled TO make
them repudiate the L L. D. This could have had
no other effect than to weaken their defense They
were tortured threatened and beaten by the guards.
Finally three weeks before the U. s. Supreme
Court hearing, Leibowitz came forward with a re-
tsiner signed by Clarence Norris. He filed a mo-
self and George w. Chamlee for Walter H. Pollak
and Osmond K. Frsenkel as attorneys Of record
in the Norris case
With the hearing coming on at any time the
first task of the L. D. was to make sure that the
policies which have saved the boys for four years
were carried out in the presentation Of the appeals
Of Patterson and Norris before the Supreme Court.
It had to defeat the attempts of the reformists
and other enemies of the boys to separate their
cases and divide the defense.
With this one aim in view and carrying out
its policy of putting above everything the defense
of the Scottsboro boys which symbolizes the fight
for the rights of the Negro people, the I. L, D.
undertook TO work for presentation of the argu-
ment which would not separate the cases. Such
an eventuality would have played directly into the
hands of Lieut.-Gov. Knight Of Alabama The
reformists had already been busily at work trying
to find excuses for the ynchers in their efforts to
send Patterson to the electric chair.
The briefs on the constitutional law involved
were prepared and written by the L L. D. attorneys
authorities on the subject They raised the basic
questions Of the constitutional rights of Negroes
to serve on juries. The names Of Leibowitz and
Chamlee were merely substituted on the cover Of
the Norris appeal.
The argument before the court in which Leibo-
witt presented the facts and Poak argued the
law, was along the lines Of policy laid down by the
I. L. D. from the beginning of the case It was
based on the evidence Of unconstitutionaty as de-
veloped under the direction Of the I L. D. in the
trials Of the boys
Under these circumstances the Joint argument
Of the Patterson and Norris cases. on the basis of
I. L. D. principles by Pollak and Leibowitz must
be regarded as distinct achievement in the fight
for the lives and freedom Of the Scottsboro bows
In the United States Supreme Court as in the
Alabama trial court, Leibovitz, like Polak, was
obliged to follow the lines and policies Of the D.