Montana labor news., 1937-03-25
California SoIons
May Provide Means
For MONEYS Release

The Tom Mooney habeas corpus
proceeding in the California Su-
preme Court is marching steadily
toward a climax. Although adverse
findings were made recently by
Referee A. E. Shaw, who sat for the
Supreme Court during the year long
hearings, this was expected. Shaw
practically adopted in toto as his
findings those submitted by Deputy
Attorney General William F. Cleary
for the state. Thus the unholy alli-
ance between the Attorney General
and the Supreme Court, acting at
the bidding of the unprincipled spe-
cial interests which convicted
Mooney and kept him in prison a
score of years, is once again ex-
hibited.
The California Supreme Court
set February rs as the date when
exceptions to the Referees findings
must be submitted by counsel for
Mooney. At this time the Court is
expected to set a date for argument,
and a decision should be forthcom-
ing shortly thereafter, probably early
in March. The California Supreme
Court is expected to adopt the Ref
eree's findings as conclusive, and
therefore refuse to release Mooney
on the habeas corpus application.
Thus once again will California au-
thorities make a hollow farce of JUS
tice in this state, but will keep in
tact their record for consistency in
refusing redress in what is recog-
nized throughout the world as the
most monstrous frame-up of our
times.
Tom Mooney and his counsel ex-
pected nothing from the California
Supreme Court, so they are not dis
appointed. The case has been pre-
pared throughout on the theory that
ultimately it would have to be car
ried to the United States Supreme
Court. 1t is to the nations court of
last resort that Mooney is looking
for final victory and vindication. Be
fore the year is out Tom Mooney
may be freed. The United States
Supreme Court has regularly decid-
ed in favor of civil liberties in recent
months and hopes are high that this
record will be preserved when the
| Mooney case comes before it for de-
cision, as the case should this Fall.
Meanwhile, on still another front
the battle is being waged for
MONEYS freedom. A measure,
jointly signed by twenty-seven mem
bers of the California Assembly, has
been introduced at the current Leg.
islature, providing for an immediate
and complete legislative pardon fol-
Mooney. Taking as their authority
for such a measure, the Legislators
point to certain sections of the State
Constitution which they are con-
WINGED substantiate their power Of
pardon. Leading the fight in the
Assembly is Paul Richie of Sar
Diego, while Senator Culbert Olson
of Los Angeles is directing the
Mooney forces in the upper house
On introduction, the measure was
referred to the Committee on Rules
which should report the pardon bill
out favorably inasmuch as a major.
ity of this Committee were co-sign-
ers of the bill. A public hearing or
the measure will probably be held
in Sacramento sometime in March
at which time various Legislators
will speak on the measure and de-
mand that justice be done where the
courts of the state have failed
Should the measure pass, it woulc
be a rebuke to the narrow and big
oted attitude of the California Su-
preme Court. More than this, how.
ever, it would be the people of the
state who, through their chosen rep