TRI-WEEKLY -
Published Tuesday. Thursday,
and Saturday.
By Nome Mine Workers’ Union, No. 240, International Union of Mine,
Mill and Smelter Workers.
/ Subscription Price
One Year . ¥20.00
Six Months . 10.00
One Month . 2.00
“To secure to each laborer the whole product of his labor, or as
nearly as possible is a worthy object of any good Government"—Abra
ttm Lincoln.
All changes in advertisements must reach this office before 9 A. M.
on day of publication to insure insersion in same issue.
Advertising rates made kncwn on application.
Address all communications to Tri-Weekly Nome Industrial Worker.
Box 210, Nome, Alaska. Tbond, Black 134.
^ Entered as second class matter March 1, 1911, at the post office at
tfooe, Alaska, under the Act of March 3, 1879.
NOME, ALASKA SATURDAY, AUGUST, 24, 1018.
THE MOONEY CASE
The intention to appeal the case of
Thomas Mooney now under sentence
of death, but which sentence has been
postponed, pending an investigation
by the governor of California, to
the United States Supreme Court, is
possibly another step in the rather
«lreary record of judicial barreness.
In denying the appeal of the defense
for a ‘‘certificate of probable cause”
in an appeal from the order of the
Superior Court of California, the
State Supreme Court held that “in
this state it is the settled law that a
judgement cannot be set aside be
cause predicated upon perjured testi
mony or because material evidence is
concealed or suppressed.” That's a
nice condition for the public to face
against a Frame-up gang indeed. But
the Court explains “Nor can it be
■said that a district attorney’s duty dif
fers from that of counsel in civil
cases. Each has an equal duty to pre
sent only competent and legitimate
evidence. If that obligation be vio
lated and perjured testimony is pro
duced or material evidence suppress
ed by either, in so far as judgment
Is concerned, the injured party is
■without remedy.”
Now what is this but an admission
that If perjured testimony is framed
up against the defendant, no matter
how innocent, or evidence that if in
troduced might secure his acquittal,
is concealed, or matter that would
I
prove his inocence beyond peradven-’
mre is suppressed or perverted, the
•defendant even if his life is at stake, i
has no resort in law.
Surely as in this Mooney case. it.,
would be hard to Imagine legal met-j
•aphysics leading to a more miserable
cul de sac, and justice strangled while
the legal metaphysicians split hairs
on the niceties of technicalities. j
It is simply Impossible to calmly ac-1
cept such a decision. If a man’s life
doj tnded upon the performance of
iheir duty by men who are sometimes (
scoundrels, what in tvu ukilned
in such legal formulae?
•Obviously there is none.
It may be indeed that the United
States Supreme Court, to which the i
Mooney case has been appealed at j
last, may discover some means where
by justice may be done in spite of
the technicalities of California State]
law. »
It is literally impossible to accept.
the view that Mooney is guilty in j
view of the disclosures that were j
made during and especially since the |
trial: the fact that testimony was
bought has been duly sworn to and
perjury of Oxtnan despite bis acquit
tal by a packed and hand picked jury, |
will deceive no one.
There is the Immutable testimony
of the photographs the day of the
parade; there are the Rigall letters; |
there are the affidavits of Estelle
Smith and there is the unquestionable i
proof of concocted testimony as cer
tified to by the Oakland Chief of
Police In an effort to destroy the per
sonal character of Tom Mooney.
On the side of the defense are men
of blameless character: on the side of
the prosecution are thugs, prostitutes,
sox perverts, drug fiends, and pro
fessional witnesses.
The extent to which Fickert has
performed his duty is entirely ob
vious to any fair and impartial man.
Y>nt that does not affect those men
■who are crying for Mooney’s blood.
And it is pitiful and rather hopeless
when the State Supreme Court admits
in plain language that regardless of
the facts that may be discovered, the
Injured party has no remedy. In
other words, quite regardless of what
maf be found, innocent and all
Mooney must hang. The courts can
offer no remedy.
It is no wonder that labor looks
askance at this sort of justice. Labor
knows only too well that men with
money have been able to defeat jus
tice, red handed in their guilt tho
they he, but for Mooney, a union
man, a member and official of the
Molders Union, the son of Bryan
Mooney a coal digger who was shot
himself in a strike in Illinois in ear
lier days, there is no justice and no
remedy. The court says so and there
is no appeal beyond Caesar!
How lawyers may feel in such a
state of affairs we do not know. But
we do know that the fact that is now
admitted is absolutely sound reason
why such an infamous condition
should be reformed and “reformed
altogether.”
SENSIBLE ACTION'
The War Labor Board apparently
is not going to lose any sleep over
such a thing as the decision of the
United States Supreme Court which
gives legal sanction to the action of a
company which denies the right of its
workers to organize, and which in
sists upon dismissal as the penalty for
such organization, or which claims
damages against unionistt who at
tempt to organize the men employed.
The action taken by the War Labor
Board in regard to the Smith and
Wesson plant over-rides this dictum
of the courts. It insists that if the
workers desire to organize, regard
less of the wishes of the company,
they shall have that right. Why
the company should interfere in the
personal liberty of the citizen to such
an extent as to prohibit his joining
a union, while an eifiht hour law
that limits the day’s work to eight
hours is regarded as a gross infringe
ment upon that personal liberty, only
one versed in the subtleties o fthe
courts can explain.
But these are days when the nice
ties of legal formulae are suffering
somewhat.
The country it at war. and to win
the war is the first of all functions on
the part of the government, of the
nation and of the individual citizen.
Hence everything that hampers that
work receives scant respect, even
such a thing as a court discovered
right which has still to be weaned, as
it were from its parent judges.
So the infant precedent is strangled
in its youth and the executive func
tions putting efficiency before tech
nicality over rides the judicial func
tion and ail is well—at least so far
in this 'instance.
STRONG TESTIMONY
In the Chicago trials of the I. \V.
\Y. Joe Kennedy, who was recording
secretary of the Butte Metal Work
ers Union, the new organization that
forced the 1916 strike in Butte but
which was not then affiliated with
either the A. F. of L. or with the 1.
W. W., swore that he had worked in
the mines for six years and during
all that time he never once saw a
mine inspector go about his duties.
The man was the hireling of the com
panies and underground inspection
was not for him.
Yet those Butte mines are excep
tionally dangerous. The Speculator
mine fire disaster would have been
absolutely impossible had such in
spectors performed even in the jnost
rudimentary manner, their sworn
duties. And in passing judgment up
on the Industrial Workers of the
World, surely this condition itself is
matter that must fairly be made note
of.
The failure of officers of the law
to enforce labor laws, to perform
their duties created for the purpose
of protecting human life and human
health, to enforce social as well as
legal justice, has been itself respon
sible for the creation of the I. W. W.
more than anything else.
Last month one of the leading
dailies, if not the leading daily of
Boston, published a letter from a
woman who patriotically determined
that she owed a duty to her country
and in this time of war should per
form useful work.
She got employment in a glove fac
tory which has large army contracts
and whose profits were immense.
That woman toiled long hours and
overtime and for 75 cents a day. The
letter is published without comment
in a July issue of the Christian Science
Monitor. She felt indignant at the
small pay and quotes that “the labor
er is worthy of his hire.” She tend
ed a heavy machine which taxed hei
powers beyond human endurance
and she noted the fact that it was im
possible for her to continue that work
without a breakdown of health.
Yet because it happened that she
was in a position to leave and seek
other and more congenial employment
she faced a fortunate condition which
her more improverished and less for
tunate sisters did not face, and one
can readily understand her indigna
tion against the soulless profiteering
that compelled women to work long
hours tending heavy machines foi
four dollars and a half a week. Hon
can they live upon it? and isn't il
a fact that It is such an industria
injustice that forces those who are
employed at length to organize anc
to organize in such a way that those
who are responsible for such a condi
tion sense in such an organization
a social outrage..
WATSON STOPPED TO
TAKE ON BIG FREIGH1
SEATTLE,—The steamer Watsoi
arrived on August 21 had a fine tri]
down from Nome, via Bristol Bay
The steamer stayed two days there
anel loaded up thirty-three thousane
cases of salmon and took on boare
350 fishermen and cannery employ
ees.
Forty of the latter were arrestee
when they reached Seattle upon the
arrival of th Watson, some chargee
with being pro-Germans, I. W. W
and others with being slackers
Many did not have registration card:
with them although of military age
MOONEY CASE TO GO
U. S. SUPREME COUP.!
—
SAN FRANCISCO,—The Moone:
I case is not yet out of the courts. I
i is announced that the case will be ap
i pealed' to the Supreme Court.
! The Attorneys for Mooney mak
this announcement following the Sta?
( Court’s refusal to grant the Moone
I case a re-hearing.
Bourke Cochran who conducted th
j defense will make the appeal to th
Supreme Court.
DEPARTMENT OF LABOR AGENT
GOES TO ALASKA
SEATTLE,—Bonham, the labor
mediator sent to Alaska by the De
partment -of Labor, to adjust labo*
troubles in the territory, left Seattle
for Valdez and Yukon, bound also for
Nome, on August 1. He will probably
reach Nome about August 31.
GET THE NEWS RIGHT REAP
THE WORKER. "
NOTICE TO CREDITORS
In the Probate Court, Fairhaven
Precinct, Territory of Alaska,
Second Judicial Division.'*
In the matter of the estate of
William Heider, deceased.
Notice is hereby given, that the
undersigned, has been duly ap
pointed administrator of the estate
of William Heider, deceased, and all
persons having claims againts said,
i estate of the said deceased, are
| hereby notified to present them
j wiht the necessary vouchers, within
| six months from the date of the
first publication of this notice; to
Aimer Rydeen the Administrator, at
Candle Alaska.
Date of first publication Aug. 3,
1918
ALMER RYDEEN
Administrator of the estate of Will
iam Heider, deceased.
NOTICE OF FORFEITURE
. To J. N. Fiack, Nome Kougarok
Consolidated Mines Company and
Jacob Zeman, your heirs, execu
tors, administrators and assigns:
You and each of you, are hereby
’ notified that the undersigned has
i expended in labor and improvements
, the sum of one hundred dollars
during each of the years of 1914,
1915, 1916 and 1917, upon the fol
lowing described placer mining
‘ claim, situate, lying and being in
j the Kougarok Recording District, j
Territory of Alaska, to-wit: The up- j
per one half (%) of Creek Claim ■
Number Three on Dahl Creek in the
Kougarok Mining District.
You are further notified that if
within ninety (90) days after the
publication of this notice you fail
' or neglect to contribute your pro
portion of such expenditure, your
interest in said mining claim if any*
will become the property of the un
- dersigned, your co-owner, under
section 2324 of the Revised Statutes
> of the United States,
j Al. Carey
r j CO-owner.
| Date of first publication, May 25,1
s 1918.
; Date of last publication August 17th.
1 1918.
PAID ADVERTISEMENTS
i
WASHINGTON STATE
FEDERATION OF LABOR
EXECUTIVE AND LEGISLATIVE COMMITTEE
EVERETTE, WASH. Sept,*9th, 1916.
To Trade Unionists of Alaska,
Greeting.
Ordinarily we would not think of making any sugges
tions to you concerning political candidacies in your Territory
but in the present situation we feel justified in_doing so. The
Interests of labor in the entine northwestern group of states
and particularly Washington, is closely allied with the interest
of labor in Alaska. We have watched with growing concern
the efforts of large corporate aggregations tc» tighten their
hold upon the wealth of your country and haVe watched the
splendid figlit waged in Congress by * your Delegate Mr Wick
< rsham.
It is because we believe Mr Wickersham is fighting in
Congress against the exploitation of labor and. the great nat
ural wealth of Alaska by powerful private interests, that we
are taking the liebrty of urging our fellow unionists in Alaska
to rally to his support in his campaign for re-election.
Knowing that you will accept this communication in the
spirit in which it is written and assuring you the continued co
operation and good will of your fellow trade unionists, we beg
leave to remain, ' _
• Frntornally Yours,
E. P. MARSH
President Washington State Federation of Labor.
CHAS, R. CASE
Chairman Legislative Committee, Seattle Central Labor Council.
J. G BROWN.
President International Shingle Weavers’ Union of America.
WILLIAM SHORT
Sec.-Treas. Dist. No. 10, United Mine Workers of America. •
FOR DELEGATE TO CONGRESS
r
HON. CHAS. A. SULZER
(Democrat)
,HLECTION, NOVHMBER. 5, 1918
S.S.ADM. WATSON
(dicc<&>
fAUG. SAILING CANCELLED1
THE LAST SAILING DATE WHICH
WILL BE FROM SEATTLE DURING
SEPTEMBER ANNOUNCED IN NEXT
ISSUE.
1 -
Pacific S. S. Co.
L. C. Wolfe Agent==Nome
SUBSCRIBE NOW FOR
THE WORKER
| Charles L. Ross
] Milling, Lumber, Contractor
HAVING TAKEN OVER THE FREIGHTING & TRANSFER
BUSINESS OF W. STEIGELMAIER AND OF LEO KENT,
FREIGHT ORDERS AND TRANSFER CONTRACTS WILL RE
CEIVE PROMPT ATTENTION.
| 3RD AND B STREET. v PHONE BLACK 168.
* ■■■■» I » i iwmmmrtmmm-mmywm -wm*™ ■ ■■ ■ ■ —H —
-Mt************* Me**************** *******************
*
! Miners and Merchants Bank
Nome, Alaska
Capital $100,000.00
Workingmen’s Accounts Solicited.
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V V V T A '
V T V
The Dawson Hotel
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»!• (Includes THE DAWSON. GREEN TREE and TIIE LINCOLN)
•j.
? Finest Rooms In Nome i
T HOMELIKE AND COMFORTABLE QUARTERS FOR TRANS- *
^ 1ENT OR PERMANENT GUESTS. ^
* BY DAY. WEEK OR MONTH. „j.
*5* BARNEY GIBNEY.Proprietor 4*
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North Pole Bakery
& Coffee House
BREAD
15 cents per loaf
2 Loa\es25c.
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