The Butte Daily Bulletin

CUTTING THE ROPE
HANDY LAW USED TO CAUSE THE WORKERS

Syndicalism Act in Washington State Used as Weapon of Interests to Jail Communists.

By JOHN NICHOLAS BEFFEL.

Everett, Wash., (By Mail.)—The handy criminal syndicalism law, which has proven so useful as a weapon against organized labor in this state, is being used here in an effort to crush the Communist Labor party before it has a chance to gain a foothold in the northwest.

Ruby Herman, state secretary of the new party, and her brother, John McSlarrow, were arrested here recently, and an unlawful raid was made upon the state office of the party. Though Mrs. Herman and McSlarrow were arrested on a joint warrant, which is supposed to mean joint bail, the justice who issued the warrant, after secured bail at $3,000, changed his mind and demanded separate bonds of that amount for each.

The two were charged with being "guilty of a felony, in that they are members of and organizers for the Communist Labor party, an organization which advocates crime, sedition and forcible overthrow of the United States government, in violation of the criminal syndicalism law."

They are accused, also, with having distributed "violent and scurrilous literature."

Curious circumstances are connected with the two arrests and the raids. On February 20, Mrs. Herman and her brother were busy wrapping copies of the organization paper, The Party Builder, for the mails when a federal agent named Darling entered, and said he had come to "investigate." He displayed his badge as proof of his authority.

Mrs. Herman demanded that he produce a search warrant, the authority required under guarantee of the constitution, but Darling had none. Without giving Mrs. Herman opportunity to obtain counsel, to which the law entitled her, Darling began to put her through a severe fire of questions. To this attempted browbeating Sheriff James McCulloch was a listener. Mrs. Herman is a frail, tiny woman. Leaving Sheriff McCulloch on guard, the federal agent went out and obtained a joint warrant.

Mrs. Herman was held in jail 24 hours, then released on bail. McSlarrow was confined thirty days for lack of bondsmen who could furnish the necessary $3,000, only $1,500 of which was available. At present writing McSlarrow is also out on bail.

With the two safely out of way, Darling investigated to his liking, and without showing any warrant or court order, appropriated various papers and letters. A week later, also without any warrant, he took away practically everything in the office, including the safe, which was then forcibly opened. He confiscated all the party's files, membership records, and the stock of literature which the state office had on sale. The federal agent and the sheriff also searched Mrs. Herman's home, taking away various private papers and literature.

Demand for the return of these properties has been made by Attorney Peter Husby, in behalf of Mrs. Herman and the Communist Labor party. Under well established law, properties seized in an unlawful raid are not admissible as evidence in criminal actions.

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