The Washington times., 1938-05-24

use attorneys.
: Those on trial (63 in alb were
indicted for conspiracy to violate
the Wagner act in the first Grim
inal court test of the New Deals
labor relations law. Another de
PENDANT, the Clover Splint Coal
Company, made surprise move by
offering plea Of nolo contendere
The defense offered its opening
statement as the trial was resumed
this morning. Former Federal
Judge Charles I. Dawson, chief
of defense counsel, asserted the
violence charged in the proSecu.
tion's opening statement yester-
day was not mentioned in the in
dictment.
STATE COURT MATTER
Further, he said, any such VIC
lence would come under juriSdic-
ton of the State and not the
Federal courts. He then told the
jury:
Il hope that now. before this
case starts, you get that propo-
sition thoroughly in mind. 1t Is
only for you to decide whether
these defendants deprived indi-
viduals of certain rights under
the National Labor Relations
Act"
Dawson also asked the jurors to
eliminate from the trial all gov
eminent argos of violence
against union organizers.
The Indictment" he said.
mentions only the depriving of
rights of employees and makes no
mention of a bunch Of union
organizers
The defense attorney sketched
a history of the Harlan county
coal industry. Apparently striking
at government charges Harlan
county miners were oppressed,
Dawson asserted:
I'VE will show that $4,000
men in the Harlan field are paid
more than $18,00O,000 q year.
We will show that the miners
of Harlan county are better
paid, better housed, and have
more of the better things of
life than miners in any other
soft-coal field" -
U. S. OVERRULED
Government attorneys objected
to DawSon's remarks but were
overruled.
At another point, Dawson de-
clared:
Now, gentlemen, the indict-
ment charges that the Harlan
County Coal Operators ASSocia-
ton was formed to prevent en-
ployeS from organizing. Again
it makes no mention Of union
organizers"
He stated the Operators ASSo-
citation was formed to combat
prohibitive freight rates and
advance the Harlan county in
duStry in face of strong competi-
ton from other fields, and not Ito
prevent employees from organic
ing"
Dawson also read from testi-
mony in the La Toilette COM
mittee's Senate investigation an
article which said the coal oper-
ators association was opposed to
the closed shop.
CHALLENGE FALSE"
IF they claim this shows
hatred for unionism, then we
here and now accept the chal-
lenge to prove that false" he
continued. I'VE will show that
the operators had continuous
dealings with the United Mine
Workers of America"
He denied Harlan county was
"a no mans land" for the UNIV,
a CLIO union.
Dawson and the other 10 defense
attorneys were reported to have
worked most Of the night on the
answer to the statements made by
Assistant Attorney General Brien
Mcmahon as the Governments
opening argument yesterday.
His reply was to be followed
Immediately by the governments
first witness in the case, the
initial criminal test OF the labor
law. A Oman investigator, one
of the score who have gathered
evidence throughout the district
for months, was to be called to
the stand.
Mcmahon yesterday drew an
unparalleled picture in outlawry
in announcing what the proSecu.
ton would attempt to prove
AGAINST the defandnnofr