Part 15

Kenneth Mackintosh, Judge The Supreme Court, State of Washington Olympia.

George Dysart, Esq., Centralia, Wash. My Dear Dysart:

November 13, 1919.

I want to express to you my appreciation of the high character of citizenship displayed by the people of Centralia in their agonizing calamity. We are all shocked by the manifestation of barbarity on the part of the outlaws, and are depressed by the loss of lives of brave men, but at the same time are proud of the calm control and loyalty to American ideals demonstrated by the returned soldiers and citizens. I am proud to be an inhabitant of a state which contains a city with the record which has been made for Centralia by its law-abiding citizens.

Sincerely, (Signed) Kenneth MacKintosh.

"Patriotic" Union Smashing

Not to be outdone by this brazen example of judicial perversion, Attorney General Thompson, after a secret conference of prosecuting attorneys, issued a circular of advice to county prosecutors. In this document the suggestion was made that officers and members of the Industrial Workers of the World in Washington be arrested by the wholesale under the "criminal syndicalism" law and brought to trial simultaneously so that they might not be able to secure legal defense. The astounding recommendation was also made that, owing to the fact that juries had been "reluctant to convict," prosecutors and the Bar Association should co-operate in examining jury panels so that "none but courageous and patriotic Americans" secure places on the juries.

This effectual if somewhat arbitrary plan was put into operation at once. Since the tragedy at Centralia dozens of union workers have been convicted by "courageous and patriotic" juries and sentenced to serve from one to fourteen years in the state penitentiary. Hundreds more are awaiting trial. The verdict at Montesano is now known to everyone. Truly the lives of the four Legion boys which were sacrificed by the lumber interests in furtherance of their own murderous designs, were well expended. The investment was a profitable one and the results are no doubt highly gratifying.

But just the same the despicable plot of the Attorney General is an obvious effort to defeat the purpose of the courts and obtain unjust convictions by means of what is termed "jury fixing." There may be honor among thieves but there is plainly none among the public servants they have working for them!

Born in Ireland. 64 years old. Has been a union man for over fifty years, having joined his grandfather's union when he was only eight. Has been through many strikes and has been repeatedly black-hated, beaten and even exiled. He was a stoker in the Navy during the Spanish War. Mike Sheehan was arrested in the Union hall, went through the horrible experience in the city jail and was found "not guilty" by the jury. Like Elmer Smith, he was re-arrested on another similar charge and thrown back in jail.]

The only sane note sounded during these dark days, outside of the startling statement of Dr. Bickford, came from Montana. Edward Bassett, commander of the Butte Post of the American Legion and an over-seas veteran, issued a statement to the labor press that was truly remarkable:

"The I.W.W. in Centralia, Wash., who fired upon the men that were attempting to raid the I.W.W. headquarters, were fully justified in their act.

"Mob rule in this country must be stopped, and when mobs attack the home of a millionaire, of a laborer, or of the I.W.W., it is not only the right but the duty of the occupants to resist with every means in their power. If the officers of the law can not stop these raids, perhaps the resistance of the raided may have that effect.

"Whether the I.W.W. is a meritorious organization or not, whether it is unpopular or otherwise, should have absolutely nothing to do with the case. The reports of the evidence at the coroner's jury show that the attack was made before the firing started. If that is true, I commend the boys inside for the action that they took.

"The fact that there were some American Legion men among the paraders who everlastingly disgraced themselves by taking part in the raid, does not affect my judgment in the least. Any one who becomes a party to a mob bent upon unlawful violence, cannot expect the truly patriotic men of the American Legion to condone his act."

Vanderveer's Opening Speech

Defense Attorney George Vanderveer hurried across the continent from Chicago to take up the legal battle for the eleven men who had been arrested and charged with the murder of Warren O. Grimm. The lumber interests had already selected six of their most trustworthy tools as prosecutors. It is not the purpose of the present writer to give a detailed story of this "trial"--possibly one of the greatest travesties on justice ever staged. This incident was a very important part of the Centralia conspiracy but a hasty sketch, such as might be portrayed in these pages, would be an inadequate presentation at best. It might be well, therefore, to permit Mr. Vanderveer to tell of the case as he told it to the jury in his opening and closing arguments. Details of the trial itself can be found in other booklets by more capable authors. Vanderveer's opening address appears in part below:

May it please the court and gentlemen of the jury:--As you have already sensed from our examination of you and from a question which I propounded to counsel at the close of his statement yesterday, the big question in this case is, who was the aggressor, who started the battle? Was it on the one side a deliberately planned murderous attack upon innocent marchers, or was it on the other side a deliberately planned wicked attack upon the I.W.W., which they merely resisted? That, I say, is the issue. I asked counsel what his position would be in order that you might know it, and that he said was his position, that he would stand and fall and be judged by it, and I say to you now that is our position, and we will stand or fall and be judged by that issue.

In order that you may properly understand this situation, and the things that led up to it, the motives underlying it, the manner in which it was planned and executed, I want to go just a little way back of the occurrence on November 11th, and state to you in rough outline the situation that existed in Centralia, the objects that were involved in this case, the things each are trying to accomplish and the way each went about it. There has been some effort on the part of the state to make it appear it is not an I.W.W. trial. I felt throughout that the I.W.W. issue must come into this case, and now that they have made their opening statement, I say unreservedly it is here in this case, not because we want to drag it in here, but because it can't be left out. To conceal from you gentlemen that it is an I.W.W. issue would be merely to conceal the truth from you and we, on our part, don't want to do that now or at any time hereafter.

The I.W.W. is at the bottom of this. Not as an aggressor, however. It is a labor organization, organized in Chicago in 1905, and it is because of the philosophy for which it stands and because of certain tactics which it evolves that this thing arose.

Logger. Born in County Claire, Ireland. Joined the Industrial Workers of the World in 1916. Was wounded on the steamer "Verona" when the lumber trust tried to exterminate the union lumberworkers with bullets at Everett, Washington. McInerney was one of those trapped in the hall. He surrendered to officers of the law. While in the city jail his neck was worn raw with a hangman's rope in an effort to make him "confess" that the loggers and not the mob had started the trouble. McInerney told them to "go to hell." He is Irish and an I.W.W. and proud of being both.]

A Labor Movement on Trial

The I.W.W. is the representative in this country of the labor movement of the rest of the world It is the representative in the United States of the idea that capitalism is wrong: that no man has a right, moral or otherwise, to exploit his fellow men, the idea that our industrial efforts should be conducted not for the profits of any individual but should be conducted for social service, for social welfare. So the I.W.W. says first, that the wage system is wrong and that it means to abolish that wage system. It says that it intends to do this, not by political action, not by balloting, but by organization on the industrial or economical field, precisely as employers, precisely as capital is organized on the basis of the industry, not on the basis of the tool. The I.W.W. says industrial evolution has progressed to that point there the tool no longer enforces craftsmanship. In the place of a half dozen or dozen who were employed, each a skilled artisan, employed to do the work, you have a machine process to do that work and it resulted in the organization of the industry on an industrial basis. You have the oil industry, controlled by the Standard Oil; you have the lumber industry, controlled by the Lumbermen's Association of the South and West, and you have the steel and copper industry, all organized on an industrial basis resulting in a fusing, or corporation, or trust of a lot of former owners. Now the I.W.W. say if they are to compete with our employers, we must compete with our employers as an organization, and as they are organized so we must protect our organization, as they protect themselves. And so they propose to organize into industrial unions; the steel workers and the coal miners, and the transportation workers each into its own industrial unit.

This plan of organization is extremely distasteful to the employers because it is efficient; because it means a new order, a new system in the labor world in this country. The meaning of this can be gathered, in some measure, from the recent experiences in the steel strike of this country, where they acted as an industrial unit; from the recent experiences in the coal mining industry, where they acted as an industrial unit. Instead of having two or three dozen other crafts, each working separately, they acted as an industrial unit. When the strike occurred it paralyzed industry and forced concessions to the demands of the workers. That is the first thing the I.W.W. stands for and in some measure and in part explains the attitude capital has taken all over the country towards it.

In the next place it says that labor should organize on the basis of some fundamental principle; and labor should organize for something more than a mere bartering and dickering for fifty cents a day or for some shorter time, something of that sort. It says that the system is fundamentally wrong and must be fundamentally changed before you can look for some improvement. Its philosophy is based upon government statistics which show that in a few years in this country our important industries have crept into more than two-thirds of our entire wealth. Seventy-five per cent of the workers in the basic industry are unable to send their children to school. Seventy-one per cent of the heads of the families in our basic industries are unable to provide a decent living for their families without the assistance of the other members. Twenty-nine per cent of our laborers are able to live up to the myth that he is the head of the family. The results of these evils are manifold. Our people are not being raised in decent vicinities. They are not being raised and educated. Their health is not being cared for; their morals are not being cared for. I will show you that in certain of our industries where the wages are low and the hours are long, that the children of the working people die at the rate of 300 to 350 per thousand inhabitants under the age of one year because of their undernourishment, lack of proper housing and lack of proper medical attention and because the mothers of these children before they are born and when the children are being carried in the mother's womb that they are compelled to go into the industries and work and work and work, and before the child can receive proper nourishment the mother is compelled to go back into the industry and work again. The I.W.W.'s say there must be a fundamental change and that fundamental change must be in the line of reorganization of industry, for public service, so that the purpose shall be that we will work to live and not merely live to work. Work for service rather than work for profit.

(After he had undergone the "Third degree".)

McInerney had a rope around his neck nearly all night before this picture was taken. One end of the rope had been pulled taut over a beam by his tormentors. McInerney had told them to "go to hell." "It's no use trying to get anything out of a man like that," was the final decision of the inquisitors.]

To Kill an Ideal...