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Full text of ""The fighting editor; or, Warren and the Appeal", a word picture of the Appeal to reason office. Biography of Fred D. Warren .."

FIGHTING 
EDITOR 



or \VARREN and 
THE APPEAL 




FRED D. WARREN 

The Fitting Editor of tfce Militant Appeal to Rea, 

iM TcSr^offi^TJ^hr^ '! ol 
',','! AUM KiiBlnn.l, l'.-ks Ishin.l. Me. 



"The Fighting Editor" 



OR 



"Warren and the Appeal" 



A word picture of the APPEAL TO REASON office. 
Biography of Fred D. Warren. History of events lead- 
ing up to his sentence to serve six months in prison 
and pay a fine of $1,500. His speeches before 
the Federal Court at Fort Scott, Kansas 
and the Appellate Court at St. Paul, 
Minnesota. Personal and press 
comments, etc. 



SECOND EDITION REVISED 
AND ENLARGED 



By GEORGE D. BREWER 

! 

Price, 50 Cents 



1910 

PUBLISHED BY GEORGE D. BREWER 
GIRARD, KANSAS 




Persecution, where is thy sting? 

Oppression, where is thy power? 

It is a historical fact that out of persecution 
and oppression have grown civilization's 
brightest flowers. We do not fear thee. We 
know that the glorious tomorrow with its 
crimsoned-hued promise of brotherhood be- 
longs to us and to our children. Fred D. War- 
ren, at New Castle, Pa., July 19th, 1910. 



Foreword. 

My connection with the Appeal to Reason 
began on May 18, 1903. I started in as assistant 
circulation manager. Being an active Socialist, 
in a small way, during college days, I naturally 
took to the Appeal work and soon had a de- 
partment of my own. After serving the paper 
almost six years, my connection with it was sev- 
ered to enable me to take up active field work on 
the lecture platform. 

During this time I learned more of the trickery 
and treachery of Capitalism, expressed in various 
ways by individuals with corporate interests be- 
hind them, of the deliberate attempts on the part 
of cycophants and tools of commercialism in the 
postoffke department to throttle free press in 
America than I ever dreamed could exist in a 
civilized government. The persistent and un- 
scrupulous efforts to strike at the heart of the 
Appeal to destroy its life, with the life of the 
cause it represents, would hardly be believed by 
one not able to look behind the curtain and see 
things as they are in this age of progress in a 
free ( ?) country. 

My intimate association with the principal 



Yl v FOREWORD 

character in this volume, Fred D. Warren, began 
early in January, 1904, when the "Coming Na- 
tion," a Socialist propaganda paper published at 
Rich Hill,Mo., by the Warren brothers and E. N. 
Richardson, consolidated with the Appeal to Rea- 
son and Mr. Warren began the second chapter of 
his career with the paper, having served a term 
on its staff some years previous to that time. 

As a man of rigid honesty and integrity, Fred 
D. Warren has never been questioned, even by his 
bitterest political enemy (a personal enemy he 
never had). Clean and pure in habits and mor- 
als, above reproach in all dealings with his fel- 
low men, Warren is a man who commands the 
respect of all. Absolutely fearless when a ques- 
tin of principle is involved, he has never been 
known to shirk a duty. He is so modest and 
retiring by nature that to the stranger he is apt 
to seem distant and unsociable. As a rule strang- 
ers, upon being introduced to him, remark their 
surprise. They usually express themselves as ex- 
pecting to meet a man about six feet four in height, 
and two hundred and twenty-five or fifty pounds 
in weight, and they simply can't believe that this 
boy in appearance, except certain mature and 
resolute facial lines, and hair fast turning gray 
on a splendidly set head, is really Fred D. War- 
ren, the Fighting Editor of the Appeal to Reason. 



FOREWORD Vll 

My intimate association with Mr. Warren and 
his case (I was the only witness used in his de- 
fense) and my official connection with the Appeal 
for almost ten years should abundantly qualify 
me, I trust, for this work, which so many of his 
friends have urged me to undertake. 

This is my only apology for offering the story 
of the Warren case to the public. 

GEORGE D. BREWER. 



The Appeal to Reason. 

If you should sojourn to Girard, Kan., a town 
of three thousand population, located in the 
southeastern corner of the state, you would find 
one of the most quiet, serene little burgs on 
earth, much like any other county seat town of 
its size. You would find the town bum, the town 
philosopher, the freak and the bully with all the 
other essentials that go to make up the normal 
third-class city. 

On the way from the depot to the center of 
town, going west, you pass a large brick build- 
on the south side of the street and naturally 
inquire what building it is everybody does. It 
is the Appeal to Reason, known to the Appeal 
Army as the ''Temple of the Revolution" ; a two- 
story structure with a basement, eighty feet 
wide by one hundred feet long, containing thirty 
thousand square feet of floor space, every foot 
of which is occupied by machinery, type cases, 
book bins, desks and other necessities for hand- 
ling the gigantic business of the institution. 

Every one of the twenty or more machines, 
from the pamphlet stitcher to the monster three- 



IX 



X THE APPEAL TO REASON 

deck color Goss cylinder press, capable of print- 
ing, folding and counting four hundred twelve- 
page papers per minute, is run by its own indi- 
vidual electric motor, with power furnished by the 
municipal lighting plant. 

The stranger is struck with awe at the mag- 
nitude of the institution. Perhaps from some city 
where large printing establishments are common, 
he will, nevertheless, open his eyes in wonder 
when he sees the Appeal plant in action, has the 
intricacies of the establishment explained, and is 
made familiar with the system used in handling 
the business. 

Having escorted hundreds of visitors over 
the plant I will endeavor to give the reader a 
passing view of its interior on paper. 

We will enter the building at the main en- 
trance on the north, turn to the left and pass 
through the door into the business and clerical 
department, where the letters are all received, 
opened, read and orders recorded. Here you will 
see some twenty-five or thirty young women at 
work on the filing cases, addressing envelopes 
for circular letters, carding mail, filing letters, 
typewriting, marking off dead names from the 
subscription list (that is, expired names), and 
other work of like character. Every employe 
will be doing her particular work with a dis- 



THE APPEAL TO REASON XI 

patch and care that will at once denote to the 
stranger that she is an expert in her line. The 
room in which this work is done is very long, 
reaching the full length of the building, by 
twenty feet in width. It contains eleven win- 
dows, thus furnishing the employes with an 
abundance of light and air. 

Passing down the room between the long lines 
of desks we walk out at the south door on the 
right and into the press and mailing room. Here 
is to be seen one of the largest printing presses 
west of the Mississippi river, with the chief 
pressman, J. A. Chapman, and his assistants, all 
busy at their posts, watching with trained eyes the 
working of every wheel and cog for the least 
irregularity. 

Two young men are occupied in carrying the 
papers that are belching from this gigantic 
press at the rate of four hundred per minute, a 
distance of twenty feet to the mailing tables, 
where some fifteen or twenty young men and 
women are busy as bees wrapping, tieing and 
sacking the papers to be carted away by the 
man employed to haul the mail to the trains. 
With a horse and large mail wagon he is kept 
busy almost all week making the journey from 
the Appeal to the depot, a distance of two 
blocks, and back again. I would incidentally 



Xll THE APPEAL TO REASON 

state that the Appeal is a sub-station of the 
Girard postoffice. 

From this room we will pass up the back stairs 
or go up on the freight elevator, to the compos- 
ing and editorial rooms which occupy the second 
floor. Here we wijl find the job presses, four 
in number, three linotypes, book presses, cutters, 
folders and stitchers, all busy at their particular 
work. Some twenty-five employes on this floor, 
of both sexes, all working with the same spirit 
of interest and earnestness as was witnessed in 
the work of those in the clerical, press and mail- 
ing rooms. 

Presuming everything is favorable for admit- 
tance to the editorial rooms we will enter. These 
rooms where the brain-work of the institution 
is carried on are located in the southeast corner 
of the second floor, directly joining the com- 
posing rooms. Upon entering, the first we en- 
counter will be Grace D. Brewer, the army and 
party editor; then "Push," Charles Lincoln 
Phifer, associate editor; Geo. H. Shoaf, the war 
correspondent; H. G. Creel, circulation editor; 
Eugene V. Debs, chief editorial writer, and Fred 
D. Warren, the editor who has charge of the 
editorial policy of the Appeal to Reason. 

There is not a single dynamite bomb in sight 
and to look at each one of the smooth-faced edi- 



THE APPEAL TO REASON Xlll 

tors carefully you would be unable to discern 
in their appearance the least indication of the 
dynamiter. Strange to say, not one of them looks 
as if they would harm a rabbit. They seem to 
be as peaceful a set of persons as one would care 
to find. You would be treated with the kindest 
consideration and come away with the feeling 
that these men were normal human beings with 
hopes, aspirations and loves the same as any 
other person. Entirely different from the impres- 
sion thousands of people have regarding these 
principal characters on the Appeal force. 

I recall an incident of this sentiment expressed 
by the father of a personal friend of the staff a 
few years ago. The son lived in Girard and the 
father was visiting from a distance. They were 
going through the Appeal and at last arrived 
at the editorial rooms when the father hesitated, 
for what reason he did not say, but was at last 
prevailed upon to continue. Arriving on the 
interior, the son in a joking way said to the 
father :' "Here is the den of the chief anarchists, 
the high arch dynamiters." After a short visit 
they took their departure. It was several days 
later that I met the son and he told me that 
after he and his father were outside of the 
Appeal office the father seriously counseled him 
to be careful, as he deemed it dangerous to speak 



XIV THE APPEAL TO REASON 

in the manner he did when talking in the pres- 
ence of the Appeal editors. He said from what 
he had heard it was unsafe to arouse their 
enmity. 

Of course we had a good laugh over the in- 
cident, although with the father, who was a total 
stranger, it was really serious. 

From the editorial rooms we will pass back 
through the composing room and descend to the 
first floor by the front stairs; at the foot of 
the stairs we enter the door to the left, instead 
of passing out at the front entrance where we 
came in and find ourselves in quite a large room, 
occupied by one lone individual at a lone desk 
with a typewriter attached. Upon opening the 
door a head will invariably appear over the top 
of the desk and a pair of keen grey eyes mildly 
look into your very soul, a smile will appear on 
the otherwise rather stern face, while one long 
arm will reach out to grasp your hand and the 
other almost automatically place a chair at your 
disposal, the lips will part and an ever ready 
"Howdy" is emitted with the succeeding "sit 
down." While you are seating yourself you will 
hear the question: "Are you a Socialist?" Per- 
haps you answer, "No, sir." Immediately the 
question is flashed : "Why not ?" From this you 
are into it. We have seen the "One Hoss," "J. 



THE APPEAL TO REASON XV 

A." we call him miss his dinner many times in 
an effort to convert some non-Socialist. If you 
are a Socialist, Comrade Wayland will greet you 
with a warmth that is genuine and entertain you 
most royally for about twenty mintues, at the 
termination of which time he will courteously 
dismiss you. If you were not a Socialist he would 
devote a whole day to you, patiently explaining 
the philosophy, but if you were in accord with 
his ideas he would feel that you didn't need 
him. and you woudn't. You, as a Socialist, 
would not be offended when he explained how 
important was his work. 

As we pass out you will stop and register at 
the desk provided for that purpose, and take with 
you one of the "visitor's cards," a supply of 
which will be found on the desk containing the 
register, and read as you pass up the street the 
following little history of the plant: 

"The Appeal to Reason was established at Kansas 
City. Mo., August 31, 1895. It did not have a sub- 
scriber. It was moved to Girard, Kan., February. 
1897. In its growth it is now occupying the fifth build- 
ing, moving into larger quarters each time. The present 
building was built for it, and is eighty by one hundred 
feet, two stories and basement. It employs an average 
of sixty people and has a weekly pay-roll exceeding 
$i,opo. It has the finest machinery used in the printing 
business. It is printed on a three-deck, straight-line 
Goss machine that prints four hundred twelve-page 
papers, in colors, folded, per minute, when desired. It 
has three Mergenthaler linotypes, two book presses. 



XVI THE APPEAL TO REASON 



four jobbers, a book folding machine, a letter folder, 
cutters, stitchers, etc. Sixteen typewriters are used in 
the office. It has 450,000 subscribers, and the average 
edition is 550,000 each week, including bundle sales. 
The names of the subscribers occupy 1,400 galleys, eacn 
8x24 inches, and requires fifteen tons of linotype metal 
to set it up. It uses a car of paper per issue, has used 
as many as six cars on special editions. Its Creates" 
issue was 3,100,000, printed on March 31, 1906, and 
known as "The Rescue Edition." It printed 25,000,000 
in 1908 and paid $22,000 postage. It uses a barrel "f 
ink per issue. It has seven editors who devote all their 
time to the matter that goes into it : J. A. Wayland. 
Fred D. Warren, E. V. Debs, G. H. Shoaf, C. L. Phifer 
H. G. Creel and Grace D. Brewer. This is the largest 
corps of editors used by any paper of its size in America. 
Each of its twenty-one machines is operated by its in- 
dividual motor, power supplied by municipal light plant. 
"The labor commissioner of Kansas reports it as the 
best plant in Kansas for ventilation, short hours, rate of 
wages and protected machinery. Employes work 47 
hours per week, and wages range from $6 to $25 per 
week. The shop is union from top to bottom. No one 
under eighteen years of age will be employed. Placed 
end to end, the papers printed last year would make a 
ribbon 14,200 miles long and two feet wide. 

"The postage paid by the Appeal has given Girard. 
a town of less than 3,000 population, free mail delivery, 
which is the smallest town in the United States entitled 
to this privilege. The receipts of the Girard postoffice 
are greater than any city in Kansas." 

No revolutionary movement in all the world's 
history ever possessed so great a printing plant 
for the propagaation of its principles, as you have 
just been through. There are other and larger 
print shops in the United States, but they are 
used solely for the purpose of fastening still more 
firmly the chains of wage slavery upon the people. 



THE APPEAL TO REASON XV11 

In the old days men fought with swords, guns 
and cannon ; the Appeal to Reason, with its forty 
thousand active, faithful Army is fighting a battle 
more portentous than any ever before waged, but 
with literature and reason, appealing to the in- 
telligence of the people that they may learn to 
use their ballots right and thus avoid the prob- 
able use of bullets. The capitalist system, like 
a boulder tearing its way down the mountain 
side, is rushing on to its destruction. Ballots used 
intelligently by the people, before it is too late, 
will tide society over the danger into the new 
system of co-operation where all mankind will 
have equal opportunities, and poverty, desti- 
tution and class wars will be no more. Without 
the intelligent use of ballots the present system is 
destined to bring on a condition in society where 
bullets and dynamite will play their horrible parts 
with chaos and anarchy resulting, the outcome of 
which no man can foresee. 



Fred D. Warren 

To those who intimately know Fred D. War- 
ren, and who understand the law of heredity and 
environment, it is unnecessary to more than men- 
tion the splendid stock of his parents. They 
were poor, 'tis true, but through their veins 
coursed the best of American blood. Their 
progeny, brought up under their loving care, 
was destined to be' a source of infinite joy and 
pride to these good people in their declining 
years. 

Fred is the eldest of three children in this 
branch of the Warren family. He was born 
in the village of Arcola, 111., on March 24, 1873. 
When but two years of age his parents moved 
to Ohio, where they remained three years, and 
then returned to Illinois, locating in the town 
of Odin. From this place they went to Fort 
Scott. Kan., in the year 1882, and Fred, then a 
boy of ten, went to work for the Western Union 
Telegraph Company as messenger, in which ca- 
pacity he served one year, when E. N. Firestone, 
a local job printer and an intimate friend of 

19 



20 THE FIGHTING EDITOR, OR 

the Warren family, offered him a position in 
his shop. The lad eagerly accepted this offer 
and worked faithfully as "devil" in the Fire- 
stone printing establishment for two years. 

Again the parents, hoping to better their con- 
dition, removed to Rich Hill, Mo., in 1885, where 
Fred D. Warren, now the head of the greatest 
political weekly paper in the world, completed his 
apprentice work and became a full-fledged printer 
by trade. 

His bitter struggle to acquire the splendid 
education he now has may never be written, as 
he is too modest to tell it himself. 

At the age of eighteen he started a republican 
paper in Rich Hill, with a vigor and determina- 
tion never equaled in that section. To demolish 
the democratic party, and every other political 
organization opposed to the policy of the "Grand 
Old Republican Party" was his ambitious mis- 
sion. I have often heard him remark, when some 
particularly savage thrust was aimed at Socialists 
in general and the Appeal in particular by some 
rank republican or democratic paper, that the 
writer of the article was gentle and caressing 
compared to what he used to be. He frankly 
admits that he was the MEANEST republican in the 
state of Missouri, the most uncompromising and 
vitriolic in denunciation of everything that even 



WARREN AND THE APPEAL 21 

hinted of opposition to his republicanism. A 
democrat was about the meanest wretch on earth, 
while a Socialist heavens! If the people would 
do as he felt they should, not one of these be- 
lievers in such a devilish doctrine would escape 
hanging or deportation from the country. He 
was firmly convinced, at that time, that they 
were the direct agents of the devil or some 
other infernal agency. 

In June, 1895, Mr. Warren was married to 
Miss Hattie B. Barton, an accomplished young 
lady of Rich Hill. 

Here it should be said that Fred D. Warren 
had been raised a Methodist. His parents, 
grandparents and great-grandparents had been 
devout followers of the John Wesley faith. They 
had lived their lives as nearly in conformity with 
the teachings of the lowly Nazarene as was pos- 
sible, and the struggling young editor was as 
uncompromising in his religion as he was. and 
ever had been, with all things he conceived to 
be right. 

He had for several years been one of the most 
prominent Sunday school superintendents in that 
section of the state, and as a consistent Chris- 
tian, had. through his paper, fought with un- 
remitting intensity every form of vice with which 
he was familiar, particularly the liquor traffic. He 



22 THE FIGHTING EDITOR, OR 

had no compromise to offer the saloons and 
fought them in and out of season. 

He was proud of the clean politics of his 
party. The republican party, in his mind, was 
the personification of all that was pure and unde- 
filed, and because of this honest belief on his 
part he ardently threw his life and energy into 
its support. 

During the campaign of 1892 he was invited 
to meet with the principal republican politicians 
of Rich Hill to map out a plan of campaign 
for the ensuing election. Among the principal 
republican leaders who gathered in this caucus 
were two saloon keepers, another prominent 
Sunday school superintendent, of the Presby- 
terian faith, and several other highly respected 
church members of Rich Hill. The most import- 
ant question discussed in this meeting, and the 
one that took up the greater part of the time, 
was how to raise funds with which to buy 
whiskey and beer for the miners in the adjacent 
mining camps. 

This, together with other brazenly broached 
topics of a similar character, was the most hu- 
miliating blow the ambitious young editor had 
ever experienced. Could it be possible that 
this was a sample of republican methods? He 
had heard through the enemies of the republican 



WARREN AND THE APPEAL 23 

party that "politics were politics" and that the 
republicans were as corrupt as any other party, 
but all such stories he had branded, conscien- 
tiously, as unvarnished lies circulated for the 
sole purpose of discrediting and dragging in the 
mire of corruption the fair name of the party 
of Abraham Lincoln. 

This meeting of leading republicans was in- 
deed an eye-opener to the honest young partisan. 
He would investigate a little further into the 
methods pursued by his party. The more he 
investigated, the more he learned of its cor- 
ruption. He found that the most "exalted" po- 
sitions were attained through bribery, hypocrisy 
and graft ; and that the party which he had so 
valiantly and conscientiously supported was, to 
his shame, rotten from top to bottom. 

His conscience would not permit him to pub- 
lish a paper in the interest of such a corrupt 
concern once he learned the truth. He would 
not lend his support to a party that was so 
shamelessly imposing on the American people 
and desecrating the honorable name of Lincoln. 

In the face of the protest of a host of friends, 
with political prestige and influence within easy 
grasp, and a brilliant future smiling dwn upon 
him. he cast it all under his feet and stood alone, 
with principle untarnished, the most priceless 



24 THE FIGHTING EDITOR, OR 

possession man ever had. He sold the paper 
upon which he had builded so many fond hopes 
and aspirations, but continued to run a job print- 
ing office with no other aim than the immediate 
support of his family. 

It was during these grim and lonely days, 
from 1895 to 1898, that he had time to meditate 
upon the past in bitter rebellion against a system 
that he could plainly see crowned the robbers 
and left the pure and virtuous to suffer in rags 
and hopelessness. He could see that a man 
who stood for principle must stand alone. It 
was in those days that we who know him think 
he coined the phrase : "What's the use ?" 

It was about this time that there came into his 
life an individual whom he will never forget. 
Pat O'Neil, a rough and uncouth miner who 
lived near Rich Hill, came into his office one 
day to have a little job of work done. They 
struck up a conversation and to the horror of 
Warren he found that his visitor was a So- 
cialist, the first live one he had ever known. 
Their conversation became lively, Warren vig- 
orously assailing, as was his custom when forced 
into verbal combat, as he was in this case. Pat 
quietly edged in a word now and then with sting- 
ing effect, until Warren became a thing almost 
unheard of in him highly incensed, and, had it 



WARREN AND THE APPEAL 25 

not been for the size of Pat, he would probably 
have been kicked out of the office. As it was, 
however, he soon took his departure, returning 
in a few days for the job. which was handed 
to him with a smile, as Warren felt just a bit 
ashamed that he had permitted his anger to get 
the better of him on the preceding occasion. Pat, 
good naturedly. smiled in return and again they 
proceeded to get into a heated argument, but this 
time Pat took the initiative and proceeded to 
explain to his auditor some of the fundamental 
truths regarding Socialism. Upon his departure 
Warren asked him to come again and they would 
go still further into the subject. 

It is needless to state that Pat, being an ardent 
Socialist, availed himself of the invitation. From 
this the acquaintance ripened into a warm friend- 
ship, for Warren found in his Irish friend a kind 
heart, a clear mind and an interesting conver- 
sationalist. This rugged miner, with hands cal- 
loused from years of toil and visage hardened by 
exposure, was found to be a man who, rather 
than be hanged or deported, should be honored 
and respected for his sturdy manhood and un- 
faltering fidelity to principle. Warren could see 
beneath this rugged exterior a heart as tender 
as a woman's and a strength of character that 
compelled his admiration. To say the least, 



26 THE FIGHTING EDITOR, OR 

Pat O'Neil was honest in his convictions. He 
believed that Socialism was right and zealously 
advocated its principles. He was certainly en- 
titled to a respectful hearing, and this was given 
him. For weeks and months he labored patiently 
with his new pupil, for such it seemed that 
Warren had become in spite of himself. He had 
felt the sand slipping from beneath his feet ever 
since the day of the republican caucus, when 
his eyes had been opened to the inside working of 
the political game, and thus his mind was in a 
more receptive condition than it would otherwise 
have been for Pat to work upon. 

It was one day, almost a year after Pat O'Neil 
had entered his job office, that a stranger handed 
Warren a little booklet entitled "Merrie Eng- 
land," and asked him to read it and pass it on to 
some one else. It was the famous Socialist 
pamphlet, written by Robert Blatchford, the care- 
ful reading of which ruthlessly tore the veil from 
the eyes of the reader, and it suddenly dawned 
upon him that the author of this pamphlet, Pat 
O'Neil and the other Socialists, whom he had 
so ignorantly and violently hated, were right. 
No doubt about it. He now knew what was 
wrong and plunged eagerly into the study of this 
new and wonderful philosophy. 

From Pat he secured a list of standard works 



WARREN AND THE APPEAL 37 

upon the subject, for which he sent. It was then 
he learned that this new science, which he de- 
cried and ridiculed so caustically over and over 
again, had a literature, the magnitude and scope 
of which he had never dreamed. He learned 
that it had a following of millions extending 
into every civilized country on earth, and that 
it was, without question, destined some day to 
emancipate a disinherited people. This was the 
haven of refuge for his peace of mind. Here at 
last was the field in which he could expand, and 
do the work that would harmonize with his inter- 
pretation of principle. 

Pat O'Neil was the only Socialist among his 
personal acquaintances. Yet, inspired with this 
new principle, he launched "Bates County 
Critic," distinctly and openly a Socialist paper. 
This was the straw that broke the camel's back. 
Those who had remained his friends after selling 
his republican paper now avoided him as if he 
were a pestilence. The miners, who, he had 
hoped, would support to some extent this pa- 
per which boldly and fearlessly espoused their 
cause, looked upon him with suspicion. As a 
republican editor he had been loyal to the mer- 
chants and mine owners, severely rapping the 
miners' union on various occasions when he con- 
sidered its demands extravagant. He had not 



28 THE FIGHTING EDITOR, OR 

felt much sympathy for men who would organize 
into unions, anyway, in this glorious land of the 
free, with the "Grand Old Republican Party" 
in power to guarantee to every one an equal 
opportunity. 

With the light of Socialism, the idols of a life- 
time tottered and fell. He now realized how 
terrible the working class had been wronged in 
every department of industry; how mercilessly 
they were exploited out of the lion's share of 
what they produced, and he now resolved to 
lend a hand in the work of securing justice. 

He soon found himself and his family 'ostra- 
cized from society; the bare necessities of life 
became luxuries to him and his dependents, 
while the very people in whose behalf he had 
sacrificed everything, were either totally indif- 
ferent as to his success or failure, or questioned 
his motives openly, and refused him their sup- 
port. How were these people, who had been so 
cruelly traduced, robbed and persecuted, to know 
that this change of heart was genuine, and that 
this was not simply another ruse more thoroughly 
to entrap and exploit them? 

During this struggle with the "Bates County 
Critic" Warren had got in touch with other So- 
cialists over the country, among them J. A. 
Wayland, editor and publisher of the Appeal to 



WARREN AND THE APPEAL 29 

Reason, the greatest Socialist paper in the world. 
One day a letter came to the new Socialist editor 
from Mr. Wayland requesting him to pay the 
great paper and its editor a visit, at the expense 
of the latter. This invitation was accepted, and 
during the visit negotiations were entered into 
which resulted in the early discontinuance of 
the "Bates County Critic" and the affiliation of 
its editor with the Appeal to Reason. This was 
in 1900, and for two years thereafter Warren 
served faithfully on the Appeal staff. 

At the end of this period Warren severed his 
relations with the Appeal, and in company with 
E. X. Richardson, another Appeal editor, re- 
turned to Rich Hill and founded the "Coming 
Nation," which soon enlisted a following that 
was fast making it one of the leading papers 
in the Socialist movement. 

After a year and a half negotiations were en- 
tered into between the "Appeal to Reason" man- 
agement and the "Coming Nation" management, 
which culminated on January 1, 1904, in the con- 
solidation of the two papers, with Fred D. War- 
ren as managing editor. Thus began his second 
connection with this world renowned Socialist 
publication. 

His career on the Appeal to Reason has been 
marked with the most unparalleled success. The 



30 THE FIGHTING EDITOR, OR 

metropolitan press of America has long since rec- 
ognized his ability, and, had he been a man with 
a price, the alluring offers they have made would 
assuredly have drawn him away from the Appeal 
and the Socialist movement, and that splendid 
talent now being devoted to humanity would be 
exercised in keeping the race enslaved. 

Fred D. Warren, because of his unswerving 
fidelity to the working class in its struggle for a 
better day, has been dragged into the federal 
courts on a wholly fictitious charge, ordered to 
pay a heavy fine and serve a prison sentence. 

A million people in the United States know 
that he has been outraged, and future genera- 
tions will honor the name of Warren and erect 
monuments to his memory, while those who are 
persecuting him will be remembered, if at all, 
with loathing and contempt. 

The following "Boy-Town Railroad," was the 
first thing on Socialism Warren ever wrote, and 
is reproduced here for the purpose of drawing 
the reader's attention to his development from 
1898 to 1909 and 1910, when he delivered his two 
immortal speeches before the federal court at 
Fort Scott, Kan., and the Appellate Court at St. 
Paul, Minn., which close this volume: 

BOYTOWN RAILROAD 

"Hi ! Tommy, come and ride on my steam car," cried 
young Bill Short, as his boon companion passed the 



WARREN AND THE APPEAL 31 



garden gate. Tom came over and inspected the "steam 
car." It consisted of a platform about three by five feet, 
mounted on the running-gear of an abandoned hand- 
car. A track made of old scantlings, boards, etc., \vas 
carefully laid out for a distance of 100 feet or so. 

"Ain't it a daisy?" said Bill, as he viewed his work 
with admiration. "Get on, and I'll give you a free ride." 
Tom mounted the car, and Bill started the thing going 
by pushing it along. 

"Golly, but that's nice," exclaimed Tom, as the end of 
the journey was reached. ''Lemme ride back." 

"All right," said Bill, "if you buy a ticket." 

"Eh? A ticket? How much?" inquired Tom, in sur- 
prise. 

"What's you got?" asked Bill shrewdly, with the air 
of a financier. Tom emptied his pockets and took an 
inventory. It disclosed the usual assortment of articles. 
Bill looked the collection over with a critical eye, and 
said : 

"That will buy four tickets." 

After considerable haggling the trade was made. 

By this time rumors of the new railroad project had 
spread throughout the village and boys of all sizes and 
descriptions appeared on the scene. Bill was soon doing 
a land-office business. His exchequer disclosed the fact 
that he was getting wealthy. Soon he became weary 
of pushing the car and decided to hire a couple of boys 
to do the propelling act. This he did, and soon the im- 
provised train was going at a merry clip. Bill found 
this much more to his liking, and he made as much 
"money" as before. 

In a few days Bill had every marble, every pin, every 
ball and ball-bat in town, besides a miscellaneous as- 
sortment of kittens, dogs, cats, etc. But, notwithstand- 
ing he distributed his favors in the way of labor to the 
different boys, there was a falling off in business. He 
couldn't understand it. The boys were there and wanted 
to ride, the train was ready to start, and there were 
plenty of willing hands to do the pushing. Finally he 
hit upon the plan of offering reduced rates. This stimu- 
lated business a little, but after a short spurt the busi- 
ness fell off again. 



33 THE FIGHTING EDITOR, OR 



"I've heard dad talk of panics; maybe we're liavin' 
one. Still, I've got plenty." 

Bill, who was a shrewd financier, set about to relieve 
the distress. Bill had noticed that the "legal tender" 
which he paid to the boys to push the car flowed back 
into his hands rapidly and easily. 

"Now, I'll just have these boys do a lot of things for 
me, and get some more money in circulation, then my 
business will be good again." 

So, accordingly, Bill made it known that he wanted 
laborers to build a depot. The applications for places 
were numerous. He selected his gang, and then made it 
known that he would buy boxes, boards, nails, etc. Soon 
the back yard of Bill's parents was the scene of active 
industry. Boxes, boards, and fence palings were sur- 
reptitiously hooked and brought to the scene and ex- 
changed by the boys for the very articles they had given 
for tickets on Bill's railroad. 

It was a busy scene, and activity in every department 
was stimulated. The railroad resumed operations on a 
larger scale, and the depot was rapidly nearing comple- 
tion. The work was finished and the miniature town had 
plenty of funds and the railroad still run lively. In a 
few days, however, the railroad business dropped off 
and came to a standstill. Bill took an inventory and 
found that he had accumulated a large amount of 
wealth, besides having his buildings up and paid for. 

"Must be another panic," he soliloquized, as, with 
hands deep in his pockets, he gazed out through the 
little windows of his depot at the anxious-looking faces 
of the boys without. "I guess I'll have to do something 
to stimulate business again." 

His fertile brain conceived numerous ways of giving 
employment to the boys, who were anxious to ride. The 
yard was cleaned and the fences and trees were white- 
washed, the garden was weeded, for all which he paid 
liberally, knowing full well the "money" would come 
back. Business was good for a while, but was followed 
by the usual stagnation when the money was gone. 

This time there was muttering among the boys. Tom, 
the first passenger, appeared to be unusually demon- 
strative. He saw that Bill was accumulating all the 



WARREN AND THE APPEAL 33 



wealth of Boytown without the least effort on his part, 
and he began to cast about in his own mind for a means 
to circumvent the youthful railroad magnate. He first 
concluded to build a road of his own, but he abandoned 
the idea, for he realized that the boys would have noth- 
ing with which to buy a ride. 

At last he conceived an idea. He called a meeting in 
Jerry Stimpson's barn, just across the alley from Bill's 
railroad project. Bill viewed the meeting with some 
misgivings. He did not altogether like it. He sent 
his bosom friend and lieutenant, Skinny Jones, over to 
report the progress of the meeting. 

Tom called the meeting to order and commenced : 

"Now, feller citizens, it won't be any use for me to 
explain the situation. Youse know it already. We fel- 
lers want to ride, but we ain't got nuthin to ride with, 
notwithstandin' the fact that we've worked hard. Of 
course, there air times when we've plenty of marbles, 
pins, chalk, and sich, but as Bill's got it all, we can only 
get it when he has something for us to do, an' then 
we'uns go an' spend it with him over again, an' he soon 
has the money an' the product of our labor." At this 
point he was interrupted by thunderous applause. 

"Now, feller citizens, I have a plan that I think'll 
work whereby we can have all the rides we want." 

"What is it?" shouted half a dozen eager voices. 

"It's this way ; we'll build a road of our own." 

"Can't be did," shouted a voice in the rear. 

"Oh, yes, we can," replied the speaker. "We'll issue 
a notice to all the boys of this 'ere town an' tell them 
that if they wants ter help they can have all the rides 
they want." 

Contributions of material, etc., were called for, and 
by evening an assortment of wheels, boards and timbers 
were gathered together. In a few days the Boytown 
Co-operative railway was well under way. Little slips of 
paper were prepared, on which was scrawled the number 
of hours each boy labored. When the road was completed 
lots were cast to see who would be the first passengers. 
After that, the boys pushed and rode in turn. 

Bill, the capitalist, was nonplussed. As he looked 
across the way and noticed the business the other road 



34 THE FIGHTING EDITOR, OR 



was doing he became envious. Iff viewed with alarm 
his now rusty car. 

"I'll go over and see the blamed thing," he said to 
himself, as he closed the door of the little depot and 
went out. He was greeted cordially by his former pas 
sengers, who took pleasure and delight in explaining 
to him just how the thing operated. 

"I see that," replied Bill, "but where does the profit 
come who's makin' any money outen it?" 

"There ain't any profit, an' no one's a-makin' any 
money. We're all ridin' an' pushin', an' every feller 
gets about six rides to one push. When we'se workin' 
on your road we had to push twice to get enough to ride 
once. Oh, I tell yer' it's a great scheme !" 

"Believe I'll ride," said Bill, as he stepped upon the 
car. He tendered the conductor some of the collateral 
that was good on his road, but that functionary refused 
it disdainfully. 

"Dat don't go on dis line. If dat's all you've got. 
you'll have to get off an' walk. See?" 

"Well, that's all I've got. How'm I to get what you 
fellers have got?" he anxiously inquired. 

"Get off an' push de car, an" den you can ride on dis 
line. Labor talks here." 



WARREN AND THE APPEAL 35 



CHAPTER I. 

CLASS WAR. 

In the Communist Manifesto, written by Fred- 
erick Engels and Karl Marx, the two greatest 
authorities on Modern Socialism, are found these 
familiar words, which are quoted on thousands 
of public platforms by Socialist speakers through- 
out the world and found in innumerable books 
and pamphlets written in every language: 

The history of all hitherto existing society is the his- 
tory of class struggles. Freeman and slave, patridan 
and plebian, lord and serf, guild-master and journey- 
man, in a word, oppressor and oppressed, stood in con- 
stant opposition to one another, carried on an uninter- 
rupted, now hidden, now open, figh;. a li.^ht tiiat each 
time ended, either in a revolutionary reconstitution of 
society at large, or in the common ruin of the contending 
classes. 

To the casual reader these words may fail to 
strike home with their undeniable truth, but a 
little reflection on the part of the thoughtful per- 
son will unveil a vista of thought that will lead 
to conclusions which could be arrived at through 
no other channel. 

Xo truer words were ever writen than that 
"The history of all hitherto existing society is the 



36 THE FIGHTING EDITOR, OR 

history of class struggles." To the student of 
social conditions it is readily observed that as 
time has swung on through the cycles, this strug- 
gle between an oppressed and an oppressing class 
has steadily increased in intensity, and has yearly 
waxed fiercer and fiercer, until today throughout 
the civilized world these two battling classes are 
marshaling their strength and forces for, what 
the proletarian hosts hope will be, the final great 
conflict, when this age-long struggle shall cease 
to exist because of the total extermination of 
economic classes in society. 

It is a sad commentary on our twentieth cen- 
tury civilization, after nineteen hundred and ten 
years of Christian teaching on the ethics of the 
meek and lowly Nazarene about "Brotherly 
Love," and "Do unto others," etc., that today 
we find the toiling multitudes of wealth producers 
compelled to fight harder to keep a heartless 
master class from more mercilessly exploiting 
them than ever before in the history of the world. 
Never were the masters more arrogant and more 
brutal. Debauchers of law and justice, so hog 
rich with plunder that they are blind to the suf- 
ferings and misery of the unfortunate masses. 
They skim the cream from the wealth of the 
world ; hold the widow and orphan by the throat ; 
extort the savings from the poorest worker and 



WARREN AND THE APPEAL 37 

his family. Never was there record of such un- 
holy and ghastly fortunes. Blind drunk with it, 
and still thirtsy. So blind drunk that they can't 
see whither it is leading- them and society. Un- 
able to foresee the danger that lies directly in 
their path. Hopelessly plunging on to their 
own destruction, for the under world is begin- 
ning to arouse and take cognizance of the fact 
that something is wrong. The disinherited of 
the earth, in every civilized country, are stead- 
ily awakening to a realization that their class 
has. through the ages, been openly and system- 
atically robbed ; are becoming conscious of their 
class interests and are learning that their inter- 
ests are not identical with those of their exploit- 
ers, in spite of the idle vaporings of the capi- 
talist sycophants to the contrary. It is manifest 
on the face of it. once the working man wakes 
up. that he is interested in securing as much pay 
as possible for as few hours' labor as he is pow- 
erful enough to demand from his employer ; while 
on the master's or employer's side, the interest 
lies in securing the laborer the longest possible 
hours for as little outlay in the form of wages 
as he can compel his hireling to accept. This is 
simple and plain to the working man who will 
think for himself. 

In America we have the American Federation 



38 THE FIGHTING EDITOR, OR 

of Labor, an organization of working men and 
women, numbering two million. Organized for 
what purpose? To force from capitalism higher 
wages, shorter hours and better working condi- 
tions. Other unions are organized in practically 
every craft; railroad men, printers, miners, tail- 
ors, carpenters, bricklayers, machinists and other 
mechanics, all organized for manifestly the same 
purpose, higher wages, shorter hours and better 
working conditions. On the other hand the em- 
ployers of labor are organized into Mine Owners' 
Associations, Citizens' Alliances, Manufacturing 
Associations, etc. All organized for what pur- 
pose? To force the laborer to work such hours 
and for such pay as the Capitalist may desig- 
nate, and tinder conditions that may suit His 
Highness and not interfere with His Profits. By 
what process of reasoning these two conflicting 
interests can be twisted into an identity is cer- 
tainly a little difficult for an enlightened person 
to understand. 

The rank and file of the trade union movement 
will have to wake up to a realization of why they 
are organized, and become class conscious on the 
political, as well as the economic, field if they 
hope to accomplish lasting results. It is futile 
to imagine that those who rob and plunder the 
worker on the economic field will, when elected 



WARREN AND THE APPEAL 39 

to office, enact laws that will conflict with their 
material interests. 

This struggle can be traced up the ladder of 
progress from the first dawn of civilization, but 
never did it take on such acute form as is evi- 
denced on all sides today. Strikes, lockouts, boy- 
cotts, blacklists and injunctions are being used 
with deadly effect in this war between the con- 
tending forces. Labor goes on strike and capi- 
tal gets out an injunction for the purpose of re- 
straining the union men from interfering with 
the workings of the plant, mine or factory, either 
by word of persuasion with non-union men who 
are employed to take the strikers' jobs, or other- 
wise. A union declares a boycott on a shop that 
is run "open" or "scab" and is unfair to organ- 
ized labor. They do not patronize said institu- 
tions themselves and endeavor to prevail upon 
other unions and sympathizers to do likewise 
This is usually followed by a court decision de- 
claring the boycott illegal and unconstitutional. 

The capitalist blacklists the union man. and 
once blacklisted the unfortunate victim may look 
far and near for a job only to find that his rec- 
ord, as a union man, has gone before him, and 
meet with the cold information that his labor is 
not needed or desired. His only hope lies in 
changing his name or looking for work in some 



40 THE FIGHTING EDITOR, OR 

other line. It must be a strange thing to those 
not familiar with the workings of Capitalism that 
the boycott, labor's weapon, is invariably de- 
clared unlawful by the courts, while the blacklist, 
capital's weapon, is entirely lawful and consti- 
tutional, according to the same courts. 



WARREN AND THE APPEAL 41 



CHAPTER II. 
CLASS WAR IX COLORADO. 

Perhaps the most bitter and unyielding battle 
of modern times between capital and labor was 
the struggle of the Western Federation of Min- 
ers in the mountain state of Colorado against 
the Mine Owners' Association of that section. 
This struggle which had been brewing for sev- 
eral years broke out acutely on August 10. 
1903, because of trouble at the United States 
Reduction and Refining Co., of Colorado City. 

In 1899 the legislature of Colorado had passed 
an eight-hour law, but the supreme court, owned 
body and soul by the Mine Owners' Association 
and Smelter Trust, declared the law unconstitu- 
tional. In 1902 a constitutional amendment was 
submitted to the people of the state, in an effort 
to get around the power of the robed defenders 
of Colorado's plutocracy, demanding of the leg- 
islature that it pass the eight-hour law. This 
bill was submitted to a referendum vote of the 
people of the state and carried by a majority of 
46,714. It was now out of the boodle-stained 
hands of the supreme court, so the mine owners 



42 THE FIGHTING EDITOR, OR 

turned their attention to the state legislature, 
in whose hands the case now rested. They boldly 
bought up the representatives of the people, who, 
with pockets bulging with bribe money, refused 
to obey the mandates of the majority of Colo- 
rado's citizens, and adjourned without passing 
the bill. 

The mill and smelter men of Colorado City, 
inhaling the poisonous gases and fumes from the 
smelted ore, could not stand the ten and twelve 
hours they were compelled to work each day, and 
struck for their very lives. The whole Western 
Federation of Miners, organized on an industrial 
basis which made the grievance of one the griev- 
ance of all in every department of the metal 
mining industry, called a general strike through- 
out the entire district, and for months the mines 
turned out no ore. As long as the fight was in 
the open the miners had the operators whipped. 
With plenty of funds in their treasury they were 
eating three square meals each day. Co-operative 
stores were installed at which the miners secured 
rations. This naturally incensed the merchants 
who were going bankrupt because of the with- 
drawal of the miners' patronage. The mine 
owners were getting desperate because the enor- 
mous profits dug from the bowels of the earth 
by the miners had been so long cut off. 



WARREN AND THE APPEAL 43 

SOMETHING MUST BE DONE! 

Bear this in mind, dear reader, the striking 
miners were living- easy, and public sympathy- 
was with them. For them to commit any out- 
rages, against which they were cautioned by 
their leaders every day, meant defeat to them, 
sure and certain. They had everything to lose 
and nothing to gain by incendiarism. On the 
other hand, however, if anything of this char- 
acter should happen and the miners could be 
made responsible for it, the mine owners had 
everything to GAIN and nothing to LOSE. Atroci- 
ties perpetrated that could be laid at the door 
of the Western Federation would be the most 
effective method of crushing the organization and 
swinging public opinion against the miners. 

Then began a series of outrages more das- 
tardly than any ever recorded in the annals of 
labor controversies. Mines were blown up 
(usually old mines just about out of commis- 
sion), trains wrecked and other outrages carried 
on with a cunning and sagacity that defied de- 
tection. The miners were held responsible and 
accused of every new crime. The prostituted 
capitalist press from one end of the country to 
the other rang with its denunciations of the min- 
ers, and every force of Capitalism was brought 
forth to crush the organization, but still they 



44 THE FIGHTING EDITOR, OR 

held fast and it looked as if they would win in 
spite of the combined forces of plutocracy. 

Something more dastardly than anything that 
had yet been conceived of MUST BE DONE, and the 
guilt fastened on to the striking miners. Not 
a crime had yet been proven against a single 
member of the union, although they had been 
arrested by the score, jailed, whipped and de- 
ported, and the capitalist press had yelped and 
howled their guilt to the four corners of the 
earth. 

It was the morning of June 6th that a body 
of non-union miners were standing on the depot 
platform at Independence waiting for the Flor- 
ence and Cripple Creek train just pulling in to 
carry them to their work that a bomb was ex- 
ploded under the platform. The result was 
appalling; depot wrecked and eleven men hurled 
into eternity, and eight others badly wounded. 

The news of this terrible catastrophe was her- 
alded to the ends of the earth as the deliberate 
crime of the miners. 

The details following this terrible affair are 
familiar to all. Suffice it to say the miners were 
hounded from their homes by the hired soldiery 
of the mine owners ; their wives and daughters 
outraged and every union man and sympathizer 
deported from the district. 



WARREN AND THE APPEAL 45 

The strike was lost and the miners were scat- 
tered to the four winds of heaven. 

Naturally, one would think that they had been 
persecuted enough, but not so. They must be 
wiped from the face of the earth, or the mine 
owners would not have the unhampered oppor- 
tunity of exploiting their workers to the full 
limit, as was their dream. 

The leaders of the miners, men as true as steel, 
whose only crime was that they were true to 
their class and could not be bought, fright- 
ened or bullied, must be crushed even if it were 
necessary to murder them judicially with their 
hired courts. So long as the miners were under 
the able generalship of such men as the officers 
of the Western Federation of Miners, the privi- 
leged interests of the gold and silver mining sec- 
tion would be threatened in the free exercise of 
their exploiting power. 

If the backbone of the Western Federation of 
Miners was to be broken, their leaders must be 
destroyed. 

Several months passed after quiet had been 
restored in the Cripple Creek district, and in 
spite of the terrible blow dealt the struggling 
miners, the scattered fragments were steadily 
being gathered together until sufficient strength 
had been mustered to extend the organization 



46 THE FIGHTING EDITOR, OR 

into new fields in Nevada, Idaho and Colorado. 
The solidarity of these men who had struck such 
terror to the hearts of the most powerful com- 
bination of capital in America was a hideous 
nightmare to their enemies and a source of ad- 
miration to the hundreds of thousands of class- 
conscious working men throughout the nation. 
Their leadership was the most keen, fearless and 
uncompromising on earth. The rank and file 
trusted them implicitly. Victory could but result 
under the careful guidance of such men. Hope 
again possessed them, and with clean hands, 
though a thousand times accused, they were 
marching on with their message of encourage- 
ment and relief to the multiplied thousands who 
were hopelessly under the iron heel of Capi- 
talism. 

Efficient leaders knew that success depended 
upon total abstinence from crime on the part of 
themselves and the membership. Any outrage 
that could through any possible ingenuity be 
fastened upon their shoulders would only react 
upon them and work to their own undoing and 
destruction. Regardless of how badly they might 
desire to resort to incendiary tactics, the pursuit 
of such methods meant strength to the oppres- 
sors and must undoubtedly weaken their own 
position. 



WARREN AND THE APPEAL 47 



- CHAPTER III. 

THE IDAHO OUTRAGE. 

On the morning of December 31, 1905, the news 
was heralded from coast to coast that ex-Gov- 
ernor Steunenberg of Idaho, had been blown 
to atoms the night before by an assassin's bomb 
as he was entering the gate at his home in Cald- 
well. Total ignorance as to the perpetrators, or 
the cause, of the fiendish deed prevailed. The 
wildest imaginator never dreamed of connecting 
the outrage with those who were soon to be 
accused. 

It should be remembered that Steunenberg 
had been politically dead for ten years, and had 
been completely out of politics all this time. He 
was raising sheep on a large scale, and could not, 
by the wildest stretch of imagination, have been 
in any way interested in the labor troubles of 
any of the mountain states. 

What possible motive could the Western Fed- 
eration of Miners, as an organization, have in 
the death of a man in the position of ex-Governor 
Steunenberg? Positively none! 



48 THE FIGHTING EDITOR, OR 

'On Saturday night, February 17th, forty-nine 
days after the assassination at Caldwell, Chas. 
H. Moyer, Wm. D. Haywood and Geo. A. Petti- 
bone, president, secretary-treasurer and ex-board 
member of the Western Federation of Miners, 
were kidnaped from their homes in Denver, in 
the dead of night, loaded upon a special train 
and railroaded across the state line to Idaho and 
lodged in jail at Boise, accused of complicity in 
the murder of Steunenberg. 

Instantly, as though by a preconcerted signal, 
the capitalist press in every city and hamlet began 
to belch forth its slimy lies telling a tale of mur- 
der, outrage and rapine on the officials of the 
miners' organization that would make his satanic 
majesty, appear in the knickerbocker garb of a 
novice. Honest men by thousands were totally 
deceived into believing and crediting the in- 
famous reports that were circulated broadcast 
among a gulled and duped public. 

The blow had fallen with deadly and, for the 
time, with apparently successful effect. Hope, 
for the moment, was at a low ebb in the breasts 
of the champions and defenders of the people's 
interests. Plutocracy's talons were fastened into 
the vitals of labor's cause with an unrelenting 
and beastly fury that did not intend to relax 
so long as life remained. 



\VARREX AXD THE APPEAL 49 

The heart of a nation stood still, as it were; 
brave men wept with despair, and the hopes of 
the few enlightened thousands were wilting under 
the terrible strain. 

What could be done to rescue these men, whom 
the authorities openly boasted ''would never leave 
Idaho alive"? On the fight for their lives rested 
the fate of future generations. If they could be 
legally assassinated in this cold-blooded manner, 
then no defender of liberty and justice would be 
safe upon whom they wished to satiate their 
bloody vengeance. 

When the sky was darkest and hope almost 
dead, there sprang into the breach the most pow- 
erful weapon of defense and offense the toiling 
millions of the world has ever had at their back 
THE LABOR PRESS. Capitalism had reckoned in 
this instance without considering the power of 
this terrible weapon that had been built up dur- 
ing the past few years of struggle. 

Towering head and shoulders above anything 
of the kind that had ever appeared in the history 
of the world stood the APPEAL TO REASON*. 
Through the force of modern machinery and a 
tremendous circulation of over three hundred 
thousand paid-up subscribers, and forty thousand 
active, fearless Army workers, it was able to 
hurl its thunderbolt of defiance and truth against 



50 THE FIGHTING EDITOR, OR 

the citadel of Capitalism at the rate of three 
million per week. 

Back of this tremendous power sat a quiet, 
unassuming man, a little past thirty, directing 
with a cool, steady hand and brain the broad- 
sides against the minion hell-hounds of the most 
infernal system of robbery and injustice that 
has ever encumbeerd an otherwise beautiful and 
bountiful earth. 

FRED D. WARREN, the fighting editor of the 
mighty Appeal to Reason, was the human dy- 
namo of activity behind this formidable, hope- 
inspiring terror that was now throbbing under 
the most furious strain of battle ever before en- 
countered. 

Through the instrumentality of this great 
organ and aided by dozens of smaller papers of 
like character, together with the organized So- 
cialist party and union labor throughout the na- 
tion, monster indignation meetings were held, 
thousands of protests addressed to the chief gov- 
ernment officials flooded the mails, and thou- 
sands of dollars were raised for the defense of 
this, labor's greatest battle. 



WARREN AND THE APPEAL 51 



CHAPTER IV. 

"AROUSE, YE SLAVES." 

If they hang Mover, Haywood and Pettibonc, 
they've got to hang me. Eugene V . Debs. 

Within two weeks from the date of the kid- 
naping, the Appeal to Reason had printed and 
circulated by the million the Pebs' Defy: "Arouse, 
Ye Slaves," which caused the bloodthirsty hosts 
of modern commercialism to halt. It was War- 
ren who calmly and deliberately printed this 
virtual call to arms in the face of grave and 
serious consequences to the paper and himself. 
It is a document as important to the labor move- 
ment as the great speeches made by Warren 
printed elsewhere in this volume. All are des- 
tined to go down in history classed with the im- 
mortal words of such men as Patrick Henry, 
Wendell Phillips, Abraham Lincoln and others 
of like character, who sacrificed reputation and. 
in many cases, life itself, in behalf of the forces 
that lead toward complete freedom. 

Xot an editor on the Appeal or even an em- 
ploye but will remember the suspense of that 
morning when this document reached the office. 
The contents had been perused by each member 



52 THE FIGHTING EDITOR, OR 

of the staff. The stern faces of all in that room ; 
the hurried departure of a messenger to J. A/s 
(Wayland's) home, urging his immediate pres- 
ence in the conference, set the entire office force 
busy with queries and replies and forebodings. 
Something had happened or was about to happen. 
J. A.'s towering form appeared in the main en- 
trance in an exceptionally short time and with- 
out the customary and pleasant "Howdy" to those 
in the immediate vicinity he hurried into the edi- 
torial room. In silence the Debs article was 
placed in his hands and not a word was spoken 
as he stood a little apart and perused it care- 
fully. Every occupant of the room was watching 
intently the face of their chief. A struggle was 
going on in that massive brain, but from the set 
face no man could tell what the outcome would 
be. The long arms dropped and the hands were 
clasped behind the slightly bowed back, the gray 
head hung and the long legs began to rotate 
carrying the angular body to the farther end of 
the room and back. Three times he paced the 
length of the room and returned, stopped, 
glanced hastily over the manuscript again and 
then dropped it carelessly on the desk of the 
Fighting Editor with the calm remark: "Fred, 
you have been doing most of it lately and I guess 
you'll have to do as you please about this." In- 



WARREN AND THE APPEAL 53 

stantly every eye went to the face of Warren, 
whose glance rested in turn on each of the as- 
sembled editors, excepting the chief's, flitted on 
past them to the street beyond, then back to the 
face of the man who had placed, if you please, 
the destiny of his life's work in another's power, 
rested there a moment, when slowly the lips 
parted and in words indicative of deep feeling 
said: "J. A., you realize that the publication of 
this article may mean the suppression of the Ap- 
peal and the arrest for feloniously inciting to 
armed rebellion, every one of us, followed by 
imprisonment and possible execution?" The re- 
ply came in calm, even tones : "Yes, I fully 
appreciate the gravity, and the only question I 
want you to settle in your mind before acting 
is 'will it work to the best interests of So- 
cialism?' If so, regardless of consequences 'pub- 
lish it.' " 

With these words he turned his back on us, 
walked to his own room, sat down at his desk 
and took up the morning paper, while Warren 
folded the article, handed it to the ever-ready 
messenger with a note to the foreman of the 
printing department to set it up in big type on the 
center of the front page. Before night this fiery 
and revolutionary message was gorging the mails 
on every departing train. 



54 THE FIGHTING EDITOR, OR 

Let this livid appeal, which created more con- 
sternation in the hearts of the enemy, and more 
hope in the breasts of workingmen than anything 
of the kind had yet done in this modern class 
war, speak for itself: 

AROUSE, YE SLAVES. 

The latest and boldest stroke of the plutocracy, hut 
for the blindness of the people, would have startled the 
nation. 

Murder has been plotted and is about to De executed 
in the name and under the form of law. 

Men who will not yield to corruption and brow- beat- 
ing must be ambushed, spirited away and murdered. 

That is the edict of the Mine Owners' association of 
the western states and their Standard Oil backers and 
pals in Wall street, New York. 

These gory-beaked vultures are to pluck out the heart 
of resistance to their tyranny and robbery, that labor 
may be stark-naked at their mercy. 

Charles H. Moyer and Wm. D. Haywood, of the 
Western Federation of Miners, and their official col- 
leagues, men, all of them, and every inch of them, are 
charged with assassination of ex-Governor Steuenberg. 
of Idaho, who simply reaped what he had sown, as a 
mere subterfuge to pounce upon them in secret, rush 
them out of the state by special train, under heavy 
guard, clap them into the penitentiary, convict them 
upon the purchased, perjured testimony of villians, and 
then strangle them to death with the hangman's noose. 

It is a foul plot; a damnable conspiracy; a hellish 
outrage. 

The governors of Idaho and Colorado say they have 
the proof to convict. They are brazen falsifiers and 
venal villians, the miserable tools of the mine owners, 
who, theraslves, if anybody does, deserve the gibbet. 

Moyer, Haywood and their comrades had no more to 
do with the assassination of Steunenberg than I bad ; 
the charge is a ghastly lie, a criminal calumny and is 



WARREN AND THE APPEAL OO 



only an excuse to murder men who are too rigidly 
honest to betray their trust and too courageous to suc- 
cumb to threat and intimidation. 

Labor leaders that cringe before the plutocracy and 
do its bidding are apotheosized; those that refuse must 
be foully murdered. 

Personally and intimately do I know Moyer, Hay- 
wood, Pettibone, St. John and their official co-workers, 
and I will stake my life on their honor and integrity; 
and that is precisely the crime for which, according to 
the words of the slimy "sleuth" who "worked up the 
case'' against them. "They shall never leave Idaho alive." 

\Yell, by all the gods, if they don't the governors of 
Idaho and Colorado and their masters from Wall street. 
Xew York, to the Rocky Mountains had better prepare 
to follow them. 

Nearly twenty years ago the capitalist tyrants put 
some innocent men to death for standing up for labor. 

They are going to try it again. Let them dare ! 

There have been twenty years of revolutionary educa- 
tion, agitation and organization since the Haymarket 
tragedy, and if an attempt is made to repeat it, there will 
be a revolution, and I will do all in my power to precipi- 
tate it. 

The crisis has come and we have got to meet it Upon 
the issue involved the whole body of organized labor 
can unite and every enemy of plutocracy will join us. 
From the farms, the factories and stores will pour the 
workers to meet the red-handed destroyers of freedom, 
the murderers of innocent men and the arch-enemies of 
the people. 

Mover and Haywood are our comrades, staunch and 
true, and if we do not stand by them to the shedding of 
the last drop of blood in our veins we are disgraced for- 
ever and deserve the fate of cringing cowards. 

\Ve are not responsible for the issue. It is not of 
our seeking. It has been forced upon us ; and for the 
very reason that we deprecate violence and abhor blood- 
shed we cannot desert our comrades and allow them to 
be put to death. If they can be murdered without cause 
so can we, and so will we be dealt with at the pleasure 
of these tyrants. 



56 THE FIGHTING EDITOR, OR 



They have driven us to the wall and now let us rally 
our forces and face them and fight. 

If they attempt to murder Moyer, Haywood and their 
brothers, a million revolutionists, at least, will meet them 
with guns. 

They have done their best and their worst to crush 
and enslave us. Their politicians have betrayed us, their 
courts have thrown us into jail without trial and their 
soldiers have shot our comrades dead in their tracks. 

The worm turns at last, and so does the worker. 

Let them dare to execute their devilish plot and every 
state in this union will resound with the tramp of revo- 
lution. 

Get ready, comrades, for action ! No other course is 
left to the working class. Their courts are closed to 
us except to pronounce our doom. To enter their courts 
is simply to be mulcted of our meager means and bound 
hand and foot; to have our eyes plucked out by the vul- 
tures that fatten upon our misery. 

Capitalist courts never have done, and never will do. 
anything for the working class. 

Whatever is done we must do ourselves, and if we 
stand up like men from the Atlantic to the Pacific and 
from Canada to the Gulf, we will strike terror to their 
cowardly hearts and they will be but too eager to relax 
their grip upon our throats and beat a swift retreat. 

We will watch every move they make and in the 
meantime prepare for action. 

A special revolutionary convention of the proletariat 
at Chicago, or some other central point, would be in 
order, and, if extreme measures are required, a general 
strike could be ordered and industry paralyzed as a 
preliminary to a general uprising. 

If the plutocrats begin the program, we will end it. 

EUGENE V. DEBS. 



WARREN AND THE APPEAL 57 



CHAPTER V. 

SUPPRESSED- IX CANADA. 

To say that the audacity and boldness of the 
man who dared to write such a terrific article, 
and the editor fearless enough to print it para- 
lyzed the nation for the moment is not putting it 
too strongly. 

Plutocracy's hand had been called and the 
world looked on in awe for the next move. 

Positively the only question as to whether 
the Appeal to Reason would be suppressed or not 
was. "Would they dare?" 

Surely such a defiance as had been hurled into 
their very teeth would call forth drastic action 
from the -enemies of the. Appeal. 

The week closed, the thunderbolt had been 
fired and millions of people on two continents 
were reading it. The Appeal force was too busy 
with the work of getting the decks clear for the 
"Rescue Edition." being made ready for the 
press, to worry over the thing that had been 
done. 

The "Rescue Edition" was mailed sizzling hot 



58 THE FIGHTING EDITOR, OR 

to more than three million readers proclaiming 
the true history of the conspiracy, and still 
nothing happened to alarm unduly the men be- 
hind this bold venture. 

Was it possible the forces of Capitalism were 
going to sit supinely by and not retaliate? 

Four weeks passed and equilibrium had been 
restored among the office force and speculations 
that had been rife for several days after the 
article appeared gave way to other thoughts. 

It was on the morning of April 10th, one 
month after the publication of "Arouse, Ye 
Slaves," that the postmaster of Girard stepped 
into the office with a worried look on his face 
and handed Warren an envelope containing a let- 
ter from the postoffice officials at Washington. 
This communication stated that the Canadian 
authorities had debarred the Appeal to Reason 
from their mails "on account of the scurrilous 
and seditious character of articles appearing in 
a copy of that publication which had been 
brought to the attention of the department." 

It is needless to explain that the article referred 
to was "Arouse, Ye Slaves." 

This was a flank movement and from a wholly 
unexpected quarter. After carefully analyzing 
the situation it appeared to the little band behind 
the Appeal guns that this must be the prelimin- 



WARREN AND THE APPEAL 19 

ary move to the final swooping down upon 
and totally annihilating the paper that was put- 
ting up such a terrific battle. 

The interests of Capitalism in Canada were so 
interwoven with the interests in the United States 
that such a conclusion could reasonably be 
reached. 

The unanimous opinion of the gang at the 
Appeal office was that the only hope lay in arous- 
ing such a clamor of public indignation, both in 
Canada and the states, that pursuit in this di- 
rection would be cut off and the minions of plu- 
tocracy be compelled to beat a retreat. 

In the meantime the Canadian Socialists and 
labor unions were thoroughly aroused and were 
holding public indignation meetings. Resolu- 
tions of protest, signed by thousands, were be- 
ing hurled defiantly at the head of the Do- 
minion government. The liberal press was tak- 
ing up the fight, and for the time all eyes were 
turned on this new phase of the contest. 

The Appeal tried to get copies over the line 
by express, but they were captured and destroyed 
by the customs officials. 

Warren, unable to direct the fight from his 
office successfully, without having some first- 
hand knowledge pertaining to Canadian laws 
and customs, made the long trip to the far north 



f>0 THE FIGHTING EDITOR, OR 

capital at Ottawa, secured the needed informa- 
tion and returned to continue the fight with re- 
newed vigor. 

Within two weeks after Warren's visit to the 
Dominion headquarters the following letter was 
received : 

OTTAWA, Canada, June 4, 1906. 
Editor Appeal to Reason, Girard, Kan. : 

SIR I have today directed that the order excluding 
your newspaper from the use of the Canadian mails be 
rescinded, and the privilege of such mails restored to 
your newspaper from this date. 

Yours faithfully, 

A. B. AI.YESWORTH, 
Postmaster General.. . 

In passing, I would simply say that the attacks 
on the Appeal, though persistent and harassing, 
were fearlessly met by the ever alert and sa- 
gacious Fighting Editor. 

There were times, however, when the inside 
guard was passed and foul blows were dealt in 
an effort to crush the Appeal. 



WARREN AND THE APPEAL 61 



CHAPTER VI. 

THE APPEAL UNDER FIRE. 

The difficulties which have been met and over- 
come by the Appeal to Reason in the United 
States postoffice department have been legion, and 
almost every week some new obstacle is created 
in an effort to suppress it. From the Evening 
Chronicle, Port Arthur, Canada. April 28, 1906. 

The literal truth of this quotation cannot be 
fully appreciated except by those who were right- 
ing behind the ramparts of the Little Old Appeal. 

Since the Appeal's infancy there has never 
been a time when those at the helm were not 
compelled to utilize a large portion of their 
energy in warding off the persistent attacks, as 
stated in the quotation above, made almost weekly 
by the postoffice department of the United States. 
From the time when Comrade Wayland, fighting 
the battle single-handed and alone for the in- 
fant, struggling paper, down to the present time, 
the methods pursued by the United States postal 
department have been of a nature that would 
make the founders of this government blush with 
shame could they but see the ruthless trampling 
into the dust of the principle of free speech and 



free press upon which the liberty and freedom 
of the American people rested. 

No sooner had the Appeal issued its tremend- 
ous "RESCUE EDITION" of more than three mil- 
lion copies that had aroused a dazed people to 
the enormity of the Colorado-Idaho outrage than 
the capitalist tools at Washington began to lay 
plans that would prohibit the issuing of another 
such edition. 

It should be understood by the readers that it 
had been customary for the Appeal to notify the 
Appeal Army in the event of a special edition 
and they would order in advance, paying for such 
number of copies as they wanted to distribute. 
This had been the custom of the Appeal and 
other periodicals, without opposition, for years, 
and never until the "Rescue Edition" had fired 
the nation with indignation over the western 
labor war had any action been taken against it 
by the postal officials. 

On June 23d, following immediately on the 
heels of the Canadian affair, the editor of the 
Appeal received a letter from Edwin C. Mad- 
den, third assistant postmaster general, the gist 
of which was as follows: "You are informed 
that copies of a publication entered as second- 
class matter purchased for the purpose of being 
given away by the purchasers are regarded as 



WARREN AND THE APPEAL Liu 

constituting 'free circulation.' If the number of 
copies purchased for such purpose, together with 
all other forms of free distribution, amounts to 
fifty per cent of the whole circulation of the 
Appeal to Reason, the second-class mailing privi- 
leges of the publisher will be in jeopardy." 

What was the motive behind such a ruling as 
this? 

Certainly to the unprejudiced there could be 
but one. To restrain the Appeal from getting 
out any more three million or even one million 
editions. With a circulation of aproximately 
three hundred thousand, the total number of pa- 
pers of any one edition could not exceed six hun- 
dred thousand, if the interpretation placed on this 
order by the Girard postmaster was correct, 
which would make it impossible for this paper 
again to arouse such a storm of indignation as 
had been done in the case just narrated. 

The experience and entanglements with the 
postoffice department, of which the above is only 
a sample, necessitated the most careful observ- 
ance of the postal rules and regulations. The 
Appeal to Reason must keep strictly within the 
letter of the law, for without question the POWERS 
were after it. Not a hand could safely be turned 
without first consulting the law and then ad- 
vising with the postmaster of Girard for his 



64 THE FIGHTING EDITOR, OR 

interpretation. As will be shown later, even 
this effort to keep within the bounds of the law 
was inadequate to protect the Appeal from seri- 
ous entanglements with the government officials. 

It is a mystery to many people, both friends 
and enemies of the Appeal, why the government 
has not deliberately suppressed the paper. This 
is a natural question to which there is but one 
answer. 

The government fears the tremendous public 
sentiment that such an overt act would create, 
and hesitates to take a step that would bring 
on such a storm of indignant protest from every 
lover of the principles of a free press and free 
speech established by our revolutionary fore- 
fathers, as such an action undoubtedly would. 
The results of such a procedure would unques- 
tionably react upon the perpetrators and further 
the cause the Appeal represents Socialism 
even as the persecution of the abolitionists and 
the suppression of their press and speech re- 
acted upon the supporters of the system of chat- 
tel slavery and only hastened their own de- 
struction. 

The Appeal was, and is at this time, com- 
pelled to abide steadfastly by every rule and regu- 
lation laid down by the department. New rul- 
ings by the score have been made for the specific 



WARREN AND THE APPEAL 65 

purpose of blocking the Appeal in its tremendous 
work. Every conceivable obstacle has been 
placed in its way to prevent its ever growing cir- 
culation. 

Wayland fought alone for years with tireless 
energy for his rights as an American citizen, 
and a publisher of a newspaper. Fought until 
he was at last able to find another man with 
ability sufficient to meet cunning with cunning; 
with nerve and generalship enough to withstand 
successfully the continued onslaughts made 
against this child of his heart the Appeal. 

In Fred D. Warren he not only found the 
man who could withstand the attacks, but he 
found one who could invariably turn every attack 
to the advantage of the paper; could bring vic- 
tory out of every apparent defeat. 

The peculiar and unparalleled success of this 
man Warren has been largely due to his ability 
to understand every move of the enemy before 
they make it, and then move first. 

He has his forces so thoroughly organized that 
scarcely a plan pertaining to the Appeal is dis- 
cussed by the Washington authorities, but he 
is forewarned as to even the details of the pro- 
posed assault, and through this knowledge has 
been enabled to checkmate the -numerous efforts 



6G THE FIGHTING EDITOR, OR 

made to get at the paper and crush it from the 
face of the earth. 

I have seen Warren wander about the office 
for days with his mind so completely preoccupied 
that he scarcely spoke to his most intimate asso- 
ciates, not in an ugly or sulky mood, but think- 
ing, planning and devising some coup. When in 
these moods, by mutual consent, the office force, 
including the editors, refrain from interrupting 
him, except when absolutely necessary. 

There was agitation in that fertile brain ; ideas 
and plans were being matured. When eventually 
the new project was laid before the staff for 
consideration and discussion, it would sometimes 
be modified, and upon rare occasions abandoned 
entirely. Or, on the other hand, when thor- 
oughly satisfied in his own mind that he was 
right, it would be pushed furiously in the face 
of the silent skepticism of the entire staff, and 
invariably in such instances to the most pro- 
nounced success. 



WARREN AND THE APPEAL 67 



CHAPTER VII. 

KIDNAPING DECLARED LEGAL. 

\Yithin twenty-four hours after the kidnaping 
of the Federation officials had been heralded to 
the world the forces were being organized for 
the defense of the victims among the Socialists 
and labor unions throughout the nation, ablv 
assisted by the Socialist and labor press. More 
than a hundred thousand dollars were raised and 
the best legal talent in America employed to 
fight for the lives of Moyer, Haywood and Petti- 
bone. 

There is a law. plain and unqualified, in every 
civilized country on earth against kidnaping, and 
in America, at least, there is no provision grant- 
ing to the national government, state or munici- 
pality any more jurisdiction in this matter than 
belongs to an individual. Consistently basing 
their reasoning on this law the attorneys for the 
defense, Darrow and Richardson, appealed the 
case to the United States supreme court, the 
highest tribunal in the land, which court, through 
Chief Justice Harlan, rendered its decision on 



68 THE FIGHTING EDITOR, OR 

Monday, December 3, 1906, against the defend- 
ants and in favor of the kidnapers. In this de- 
cision the United States supreme court refused 
to release the miner officials from the custody 
of the Idaho authorities in whose keeping they 
had been illegally retained since February of that 
year. The prisoners asked for release on the 
grounds that they were illegally arrested in Colo- 
rado, kidnaped and carried into Idaho and there 
detained without due process of law, charged with 
the assassination of ex-Governor Steunenberg, 
although it was not even contended that any one 
of the three had been in Idaho at the time of 
the murder. None of the accused had been in 
that state for more than a year and one of them 
not for ten years. 

This was another very important victory for 
the Mine Owners' Association, and again the 
authorities declared that "Mover, Haywood and 
Pettibone should never leave Idaho alive." The 
court of last resort had been appealed to in 
vain, and with the exception of one fearless su- 
preme judge, Justice McKenna, this sanctimoni- 
ous bulwark of Capitalism had coldly wrapped 
its robes about it and virtually decreed that labor 
has no rights that Capitalism is bound to respect. 

Justice McKenna, whose name will be immor- 
talized by future generations while his colleagues 



WARREN AND THE APPEAL 69 

will sleep in forgotten graves, in his dissenting 
opinion, a part of which is reproduced herewith, 
clearly shows the length to which the minions 
of plutocracy will go when necessary in defense 
of the system as against the people. 
Justice McKenna said in part: 

In the case at bar the states of Colorado and Idaho, 
through their officials, are the offenders. They, by an 
illegal exertion of power, deprived the accused of a con- 
stitutional right. The distinction is important to be ob- 
served. Kidnaping is a crime, pure and simple. It is 
difficult to accomplish ; hazardous at every step. Al! 
officers of the law are supposed to be on guard against 
it. But how is it when the law becomes the kidnaper? 
\Vhen the officers of the law, using its forms and exert- 
ing its power, becoem abductors? This is not a distinc- 
tion without a difference. It is another form of the 
crime of kidnaping distinguished from that committed 
by an individual only by circumstances. If a state may 
say to one within her borders and upon whom a pro- 
served : "I will not inquire how you came here; 
I must execute my laws and remit you to proceedings 
against those who have wronged you,'' may she so 
plead against her own offense? May she claim that by 
mere physical presence of the accussed within her bor- 
ders the accused person is within her jurisdiction de- 
prived of his constitutional rights, though he has been 
brought there by violence? 

Constitutional rights the accused in this case certainly 
did have, and valuable ones. The foundation of extra 
diting between the states is, that the accused should be 
a fugitive from justice from the demanding state, and 
he may challenge the fact by habeas corpus immediately 
upon his arrest. If lie refute the fact he cannot be re- 
moved (V. Cochrain. 193 U. S.. 691), and the right to 
removal i> not a right of asylum. To call it so, 
in the state where the accused is. is misleading. It is 
the right to be free from molestation. It is the right of 



70 THE FIGHTING EDITOR, OR 



personal liberty in its most complete sense; and this 
right was vindicated in V. Cochrain and the action of 
a constructive presence in a state and a constructive 
flight from a constructive presence rejected. 

This decision illustrates at once the value of the 
right, and the value of the means to enforce the right. 
It is to be hoped that our criminal jurisprudence will 
not need for its efficient administration the destruction 
of either the right or the means to enforce it. The de- 
cision, in the case -at bar, as I view it, brings us peril- 
ously near both results. Is this exaggeration? What 
are the facts in the case at bar as alleged in the petition, 
and which it is conceded must be assumed to be true? 
The complaint, which was the foundation of the extradi- 
tion proceedings, charged against the accused the crime 
of murder on the 30th of December, 1905, at Caldwell. 
in the county of Canyon, state of Idaho, by killing one 
Frank Steunenberg, by throwing an explosive bomb at 
and against his person. The accused avers in his pe- 
tition that he had not been in the state of Idaho, in 
any way, shape or form, for a period of more than ten 
years, prior to the acts of which he complained ; and 
that the governor of Idaho knew accused had not been 
in the state the day the murder was committed, nor at 
any time near that day. 

CONSPIRACY BETWEEN GOVERNORS. 

A conspiracy is alleged between the governor of the 
state of Idaho and his advisers, and that the governor of 
the state of Colorado took part in the conspiracy, the 
purpose of which was to avoid the constitution of the 
United States and the act of congress made in pursu- 
ance thereof; and to prevent the accused from asserting 
his constitutional right under Clause 2, Section 2 of 
Article IV of the Constitution of the United States and 
the Act made pursuant thereof. The manner in which 
the alleged conspiracy had been executed was set out 
in detail. It was in effect that the agent of the state 
of Idaho arrived in Denver Thursday, February 15, 
1905, but it was agreed between him and the officers 
of Colorado that the arrest of the accused should not 
be made until some time in the night of Saturday, after 



WARREN AND THE APPEAL 71 



business hours, after the courts had closed and judges 
and lawyers had departed to their homes ; that the ar- 
rest should be kept a secret, and the body of the accused 
should be clandestinely hurried out of the state of Colo- 
rado with all possible speed, without the knowledge of 
his friends or his counsel ; that he was at the usual 
place of business Thursday, Friday and Saturday ; mat 
no attempt was made to arrest him until 11:30 o'clock 
P. M.. when his home was surrounded and he was 
arrested and Chas. P. Mover, arrested under the same 
circumstances at 8 145, and he and accused thrown into 
the county jail of the city and county of Denver. 

SIGNIFICANT FACTS. 

It is further alleged that, in pursuance of the con- 
spiracy, between the hours of 5 and 6 o'clock on Sun- 
day morning, February i8th, the officers of the state and 
certain armed guards, being a part of the forces of the 
militia of the state of Colorado, provided a special train 
for the purpose of forcibly removing him from the state 
of Colorado : and, between said hours he was forcibly 
placed on said train and removed with all possible speed 
to the state of Idaho ; that prior to this removal and at 
all times after his incarceration in the jail at Denver he 
requested to be allowed to communicate with his friends 
and his counsel and his family, and the privilege was 
absolutely denied him. The train, it is alleged, made no 
stop at any considerable station, but proceeded at great 
and unusual speed, and he was accompanied by, and sur- 
rounded with, armed guards, members of the state 
militia of Colorado, under the orders and directions of 
the adjutant general of the state. I submit that the 
facts in this case are different in kind and transcend in 
consequences those in the cases of Kerr vs. Illinois and 
Mahon vs. Justice, and differ from and transcend them 
as the power of a state transcends the power of an 
individual. 

DECISION SHOULD BE REVERSED. 

No individual could have accomplished what the 
power of the two states accomplished. Xo individual 
could have commanded the means of success ; could 
have made two arrests of prominent citizens by invading 



72 THE FIGHTING EDITOR, OR 



their homes ; could have commanded the resources of 
jails, armed guards and special trains; could have suc- 
cessfully timed all acts to prevent inquiry and judicial 
interference. The accused, as soon as he could have 
done so, submitted his rights to the consideration of a 
federal court. He could not have done so in Colorado. 
He could not have done so on the way from Colorado. 
At the first instant that the state of Idaho relaxed its 
restraining power, he invoked the aid of habeas corpus. 
He should have been heard, not dismissed from the 
court, and the action of the circuit court in so doing 
should be reversed. 



WARREN AND THE APPEAL 73 



CHAPTER VIII. 

ONE THOUSAND DOLLARS REWARD. 

"The Appeal to Reason will pay $1,000 in gold 
to the person or persons who will kidnap ex-Gov- 
ernor Taylor and return him to the state officials 
of Kentucky, where he is wanted on a charge of 
murdering Goebel." 

This was the startling announcement made in 
the Appeal under date of January 12, 1907, one 
month after the United States supreme court 
had handed down its decision legalizing kidnap- 
ing in the case of Moyer, Haywood and Petti- 
bone, three official representatives of labor, a 
history of which you have had in the preceding 
chapters. 

It is needless to state that Fred D. Warren 
was the originator of this now famous reward 
offer, the object of which he explains in the same 
issue in which it was made : 

Warren said: 

The supreme court of the United States has held that 
kidnaping is a perfectly legal method of taking an ac- 
cused man from one state to another. This decision was 
rendered in the now famous Moyer-Haywood case, in 
which the defendants were both Socialists and working 
men. Will the supreme court of the United States hold 



74 THE FIGHTING EDITOR, OR 

to this same opinion if the defendant is a republican 
and a capitalist? 

To give the supreme court the opportunity to pass on 
a case of kidnaping a capitalist politician wanted on a 
charge of murder in a sister state, I will give $1,000 to 
the person or persons who capture ex-Governor Taylor, 
of Kentucky, who is now supposed to be in hiding in 
Indiana under the protection of the governor of that 
state, and return him, forcibly or otherwise, to the state 
authorities of Kentucky. 

The Appeal has absolutely no interest in the Taylor- 
Goebel feud of Kentucky, but I want to put it up to the 
supreme court of the United States to decide a case of 
kidnaping where the victim is a republican politician and 
a personal friend of the president of the United States. 
It will be remembered that Taylor and Goebel were 
respectively the republican and democratic candidates 
for governor of Kentucky. Taylor held the office and 
Goebel was a hot aspirant for the same. Goeoel was 
assassinated ; Taylor fled the state and a warrant was 
issued for his arrest. The governor of Indiana refused 
to recognize requisition papers, as did also the governor 
of Pennsylvania, both republicans. (The state authorities 
of Kentucky offered one hundred thousand dollars for 
the return of Taylor to that state.) 

The supreme court of the United States says in its 
recent decision : "Looking first at what was alleged to 
have occurred in Colorado touching the arrest of the 
petitioner and his deportation from that state, we do 
not perceive that anvthing done there, however hastily 
or inconsideratly done, can be adjudged to be in viola- 
tion of the constitution or laws of the United States. 
Even if it be true that the arrest and deportation of 
Pettibone, Moyer and Haywood from Colorado was by 
fraud and connivance, to which the governor of Colo- 
rado was a party, this does not make out a case of vio- 
lation of the rights of the appellants under the constitu- 
tion and laws of the United States." 

In other words, any person, or persons, are at liberty 
to sandbag Taylor, carry him across the border and de- 
liver him to the authorities of Kentucky and it will be 



WARREN AND THE APPEAL 75 

a perfectly legal procedure and upheld by the highest 
court of the land. It matters not how inconsiderately 
or hastily this action may be done, it will not be a 
violation of the constitutional rights of Taylor, capitalist 
and republican ! The supreme court will back the kid- 
napers and protect them provided it holds its recent 
decision. 

The only stipulation regarding the payment of the 
$[,ooo reward is, that Taylor must be handed over to the 
Kentucky authorities and placed behind the bars before 
the trial" of the officers of the Western Federation of 
Miners is begun. 

Let us put it up to the capitalist courts to treat a 
capitalist as it does a workingman, and make the case 
so prominent that it will revit the attention of the entire 
civilized world. 

It can readily be observed by all that Warren 
did not have any personal feeling- in the matter 
regarding Taylor, but to his ever alert mind there 
came the idea of making a parallel case. If it 
were legal to kidnap Mover, Haywood and Pet- 
tibone from the state of Colorado and railroad 
them in the dead of night to Idaho, would it be 
legal to kidnap ex-Governor Taylor from the 
state of Indiana and railroad him over the line 
to Kentucky? Unfortunately Taylor was not 
kidnaped, although at the time the Appeal to 
Reason offered the re\vard he was wanted, and 
wanted badly, by the Kentucky authorities. 
So badly did they want him that the state had 
offered $100,000 for him. It might be well to state 
here again that Mover, Haywood and Pettibone 
were Socialists and working men without a single 



76 THE FIGHTING EDITOR, OR 

man in public office of importance to whom they 
could turn as a friend, while with Taylor it was 
entirely different. With but few exceptions he 
could number his friends from the president of 
the United States down to the republican post- 
masters in every state in the union. 

Taylor was a republican and a capitalist. Why 
shouldn't the republicans and capitalists in power 
be his friends ? 

It has been stated above that it was unfor- 
tunate that Taylor was not kidnaped. However, 
it might be well to qualify that statement, as it 
was evidently most fortunate for Fred D. War- 
ren, who offered the reward, as that offer brought 
down upon his head the avenging hand of the 
class whom he had so cleverly and boldly un- 
masked, with a malice indicating that, had the 
plan for the kidnaping carried out, no man can 
tell what the POWERS would have done to him. 
What they did do to him is a story unto itself, 
however, and this follows : 



WARREN AND THE APPEAL 77 



CHAPTER IX. 

THE INDICTMENT. 

It should be remembered by the reader that in 
a preceding chapter attention was directed to the 
fact that, regardless of the utmost precaution on 
the part of the Appeal to comply with the absolute 
letter of the postal rules and regulations, the in- 
side guard would at times be passed and foul blows 
dealt by its enemies, both inside of the postoffice 
department and out of it. These enemies never 
slept and they never rested. It seemed that their 
only mission in life was to keep steadfastly after 
the Little Old Appeal and enact new rulings 
with the deliberate purpose of crippling it. The 
least technical violation of the postal laws, re- 
gardless of how innocently committed, invariably 
meant heavy expense, explanations and red tape 
an extent little dreamed of by the outsider. 
Truly, no man on this earth not possessed and in- 
spired by a principle that was dearer than life 
itself would wade through the slime of invest? - 
ations and a thousand other harassing features 
:>nnected with the running of so fearless and 
outspoken a paper as the Appeal to Reason. 



78 THE FIGHTING EDITOR, OR 

I remember quite well the morning Warren 
sprung his idea of offering the reward for kid- 
naping ex-Governor Taylor, and how, after thor- 
oughly discussing the matter with the staff, he 
went to the postoffice to consult the postmaster 
regarding the law in the matter. The post- 
master, A. M. Wasser .now running a republican 
newspaper in Girard, testified on the witness 
stand at the trial that he advised Mr. Warren 
that there was no law prohibiting the mailing of 
the reward, and for his part he didn't see how 
on earth they could possibly make any trouble 
over it. 

This manifest desire on the part of Mr. War- 
ren to avoid any complications with the govern- 
ment must indicate to the fair person that he 
was not actuated by motives other than to be 
clean and above board. He felt that he was 
entirely within the law and was reinforced in this 
belief by the advice of the postmaster. 

Immediately following the annoucement in the 
paper that the Appeal would pay this reward, be- 
tween fifteen and twenty-five thousand circular 
letters were mailed from the office to the Appeal 
Army, with the following inscription on the 
outside of the envelope : 

$1,000 reward will he paid to any person who 
kidnaps ex-Governor Taylor and returns him to 
Kentucky authorities. 



WARREN AND THE APPEAL 79 

The mailing of these envelopes occurred on 
or about the 12th day of January, 1907, follow- 
ing which everything went on in the even tenor of 
its way behind the Appeal guns. Every energy 
was concentrated in the fight for the Western 
Federation officials, whose trial was scheduled 
for early May. The kidnaping offer, after two 
months had passed and no apparent effort had 
been made by anyone to earn the thousand dol- 
lars, was almost forgotten. 

It was on Saturday, May 4th, when L. C. 
Chance, United States postoffice inspector of this 
division, called at the Appeal office with one of 
the envelopes bearing the thousand dollar reward 
inscription on the outside, and asked who was 
responsible for mailing it. Being informed that 
it was Mr. Warren, but that he was out of town 
for a few days, the inspector looked a trifle wor- 
ried, gulped once or twice, furtively glanced 
about, straightened himself and emitted the in- 
formation that he had a warrant for the arrest 
of the guilty party on the grounds of having sent 
"scurrilous, defamatory and threatening matter 
through the United States mail." In view of 
Mr .Warren's absence from the city, however, 
he would return at a later date and serve the 
papers. 

A telegram was sent immediately to Mr. War- 



80 



THE FIGHTING EDITOR, OR 



ren conveying the information that he was to be 
arrested, and setting- forth briefly the details of 
the case. Upon receipt of the telegram he hur- 
ried back to the Appeal office to find out clearly 
what had happened. 

It was on the 8th that the United States mar- 
shal made his appearance and placed under ar- 
rest on a criminal charge this man who had 
never in his life, intentionally, violated a single 
law or harmed a human being. Had they ar- 
rested him on the charge of speaking his honest 
conviction, though "all earth's systems cracked," 
and using the Appeal to Reason to fight for the 
cause of labor and its representatives, the world 
would have had the true reason for his being 
so ruthlessly dragged into the federal court. 

Read carefully the indictment ,but please keep 
in mind that at the time ex-Governor Taylor 
was a fugitive from justice, with an indictment 
for murder hanging over his head, and a reward 

Of ONE HUNDRED THOUSAND DOLLARS BEING OF- 
FERED BY THE STATE OF. KENTUCKY FOR HIS 
RETURN : 

INDICTMENT .AGAINST WARREN. 

United States of America, 
District of Kansas, Third Division ss. 
In the district court of the United States, in 
and for the district aforesaid, at the May 
term thereof, A. D. 1907. 
The grand jurors of the United States, empanelled, 



WARREX AND THE APPEAL 81 



sworn, and charged at the term aforesaid, of the court 
aforesaid, on their oath, present that Fred D. Warren, 
on or about the I2th day of January, in the year 1907. in 
.id division of the said district, and within the 
jurisdiction of said court, then and there being, did 
then and there wilfully, knowingly and unlawfully de- 
posit and cause to be deposited for mailing and delivery 
in the postoffice of the United States at Girard, state 
of Kansas, a certain envelope containing certain printed 
matter, which said envelope was then and there stamped 
with a two-cent United States postage stamp and ad- 
dressed to J. L. Pierson. San Pedro, California, upon 
the face of which said enevolpe, otherwise mailable by 
law. there was then and there printed in large red let- 
ters, figures and characters, the following: 

"$i,ooo reward will be paid to any person who kid- 
naps ex-Governor Taylor and returns him to Ken- 
tucky authorities." 

Which said letters, figures, characters and language 
then and there were and are of a scurrilous, defamatory 
and threatening character, and calculated by the terms 
and manner and style of display and obviously intended 
to reflect injuriously upon the character and conduct of 
another, to-wit : Wm. S. Taylor, a former governor of 
the state of Kentucky, contrary to the form of the statute 
in such case made and provided, and against the peace 
and dignity of the United States. 

J. S. WEST, 
Assistant United States Attorney. 

Indorsed on back as follows : Bond $500. J. C. P.. 
Xo. 261, Dist. Court of the United States, for the third 
division of the district of Kansas. The United States 
vs. Fred D. Warren, indictment mailing envelope with 
threatening and scurrilous language, I Supp. 621. A 
true bill. Jno. S. Gilmore. Foreman. Filed May 7th. 
A. D. 1907. Morton Albaugh, clerk, by C. M. White, 
deputy clerk. 

Witnesses: L. C. Chance. Fort Scott; W. E. Baker. 
Girard, Kan. ; J. L. Pierson, Los Angeles, Cal., 217 
Pine Ave. 

Mr. \Yarren accompanied the marshal to Fort 



82 TTTH FIGHTING EDITOR, OR 

Scott, gave necessary bond and demanded imme- 
diate trial, as the federal court was then in ses- 
sion, but this demand was denied him and his 
case was set for the November term. 

It is generally supposed that the prosecution in 
any case with evidence sufficient to arrest also 
has sufficient to try the case, and it is the univer- 
sal custom for the defense to parry for time, but, 
strange as it may seem in the Warren case, the 
reverse was true. 

Imagine, honest reader, you who have never 
had the fair name of your family dragged 
through the criminal courts, what your feelings 
would be were you placed in the position of 
Fred D .Warren or a member of his family. He 
had ever maintained a reputation for upright 
dealing and thorough honesty, handed down to 
him through generations of sturdy, honest par- 
entage, without a single blot on the fair name of 
Warren as far back as it can be traced. His 
wife, as pure-souled and sincere as any woman 
who ever breathed, had traveled side by side with 
him through the bitter days of adversity when 
he was a country editor, endeavoring, amid the 
sneers and taunts of his fellow men, to cast 
one ray of light and hope upon what he had 
learned was a lying, hypocritical world, filled 
with darkness, misery and injustice, and so pre- 



WARREN AND THE APPEAL 83 

posterously called civilized. Three beautiful, 
innocent boys of tender age, varying from three 
to ten. would feel keenly the apparent disgrace 
into which the family, naturally proud and sensi- 
tive, had been plunged. 

The horror with which the reality that the 
tender father and loving husband of this little 
flock was to be dragged away to a prison dungeon 
dawned upon the inmates of the \Yarren fireside, 
including the aged father and mother, who had 
cared for and protected in infancy the accused, 
and had watched with parental pride his growth 
and development, can never be pictured in words. 

Can you conceive of a thing more brutal and 
heartless than the needless delay of the federal 
court? The suspense as to what the outcome 
would be. whether the husband, father and son 
would be vindicated of the criminal charge and 
the fair name of Warren cleared of the unjust, 
though not disgraceful, blot that had been placed 
upon it. On the other hand, if the worst must 
come and the powers, through intrigue, perjury, 
and authority, insist on the incarceration of the 
victim, then in the name of justice and for 
the sake of the wife, parents and little boys, let 
it come as quickly as possible. Anything under 
heaven but the agonizing suspense of uncertainty. 



84 THE FIGHTING EDITOR, OR 



CHAPTER X. 

CAUGHT A TARTAR. 

At last the federal government had fastened 
Its merciless talons, not directly on the Little 
Old Appeal, but on Fred D. Warren, through 
whom it expected, if not to crush completely 
the paper, at least to intimidate it into adopting 
a more moderate and conservative policy. One 
thing was conspicuously apparent. The manage- 
ment of the Appeal must either right-about-face 
in its tactics of assailing so mercilessly the most 
sacred of capitalist institutions, the courts, and 
the national and state governments and their 
officials, or stand more persecution in the form 
of arrests, fines and imprisonment than have 
ever been meted out to the editors of any paper 
since the formation of these United States. 

A free press idea might have been all right 
when our immortalized revolutionary forefathers 
drafted the articles upon which our govern- 
ment was founded, but in this day and age of 
American progress things are different. Of 
course, a free press is all right now, providing 
it will consent to be muzzled and refrain from 
saying things that might possibly interfere with 



WARREN AND THE APPEAL 85 

the free exercise of the exploiter's power even 
to the reducing of American working men to 
the level of the Chinese coolie or the Mexican 
peon. If. from their exalted position, they de- 
cide to execute a few labor leaders, who per 
chance might be a menace to THEIR freedom 
as owners of the store houses of nature, the free 
( ?) press must sit quietly by and say nothing. 

The fight for a free press was now on and for 
the Appeal to give one inch, to hedge as it were, 
regardless of what any few individuals might 
suffer as a result, meant more to the American 
working men and their struggle for freedom 
than any fight of the kind yet waged in this 
country. If the emancipating literature of the 
revolutionary Socialist movement could by any 
means be suppressed, the capitalist interests un- 
hampered could wax fatter and fatter on th* 
sweat and blood and lives of the helpless toiler^. 
If the Appeal to Reason could be cowed and 
browbeaten into submission "denatured" then 
the crushing of the other and smaller papers of 
like character would be an easy matter. 

The issue was most important. Fred D. War- 
ren could easily avoid a prison sentence, but at a 
cost that he would rather have gone to the gal- 
lows than accept. "We. who know him. mean that 
literally. Rather than sacrifice principle, which 



86 THE FIGHTING EDITOR, OR 

he values more highly than anything else on this 
earth, they could place him behind prison 
doors and there keep him for the rest of his 
life. He came from a race through whose veins 
coursed the blood of martyrs . The hired courts 
of the most powerful despotism that has ever 
been built up soon learned this fact. For once in 
their career they got hold of a man who was 
thoroughly alive and who would fight to the 
death with weapons as stinging and merciless as 
living flame every encroachment upon his rights 
as an American citizen. 

It has been evident ever since Warren's arrest 
that, had the federal court known in advance 
what the results of such an action would mean, 
they would not have started it for the world. 
Instead of finding in Warren a timid, shrinking, 
frightened individual, who would come before 
their MIGHTY TRIBUNAL in fear and trembling, 
as was the general custom of those who were 
summoned to appear before this inquisitorial and 
powerful institution that represents THE UNITED 
STATES OF AMERICA, they found a man whose 
motto, "no quarter," had long since been estab- 
lished where RIGHT is at stake. He went imme- 
diately before "THE HONORABLE ( ?) COURT," not 
in a cowering, terrified manner, but as a man 
fearless and unconquered. He said: "Gentlemen, 



WARREN AND THE APPEAL 87 

you have charged me with having committed a 
certain crime. I AM NOT GUILTY, and feel that it 
is my right to demand that you give me a hearing 
during this term of court." 

This right to an immediate trial was denied 
him, and the case was postponed until the No- 
vember term. Six months must elapse before 
those so vitally interested would be released from 
their suspense. 

After the postponement of his case, Mr. War- 
ren went back to the Appeal, wrote the following 
and then plunged again into the Idaho struggle, 
where human life was the awful stake. 

Unable to muzzle the Appeal, the plutocrary has 
marked it for slaughter! The first big gun has been 
fired. The Appeal has been dragged into the federal 
courts, its enemies hoping to put it out of business by 
loading the paper down with the enormous expense in- 
volved in capitalist litigation. The Appeal is not com- 
plaining, nor does the cheerful information that the 
maximum penalty is five years in prison and a fine of 
$5.000 frighten us. The Appeal will hew steadfastly to 
the line of its campaign laid down a year ago and stay 
with it until gloriously triumphant. The Appeal knows 
no defeat. It has emerged victorious from a hundred 
battles. It is stronger today than it was yesterday 
and tomorrow will find it in full armor for the new fight 
as soon as the prison doors swing open to liberate the 
innocent victims now incarcerated at Boise. 

No man not inspired with the spirit of gen- 
uine martyrdom could so completely bury his 
personal troubles in order to better fit him to 
fight for others as did Fred D. Warren after 



88 THE FIGHTING EDITOR, OR 

his indictment by the federal grand jury. With 
cool deliberation he continued to direct the power 
of the Appeal with renewed vigor and fearless- 
ness on the heart-sickening tragedy being enacted 
in the Rocky Mountain region, the climax of 
which was fast approaching. The trial of Moyer, 
Haywood and Pettibone had been formally 
opened by Judge Fremont Wood, of the district 
court at Boise, Idaho, on May 8th. the same 
dav on which Warren was indicted. 



WARREN AND THE APPEAL 89 



CHAPTER XI. 

THE ACQUITTAL AT BOISE. 

The \Yestern Federation leaders, to whose de- 
fense \Yarren, with the powerful Appeal behind 
him. had so valiantly sprang-, had at last, through 
their attorneys and public sentiment, forced the 
prosecution to give them trial. On the 8th day 
of May, 1907, one year, two months and nine- 
teen days after the kidnaping at Denver. Judge 
Wood, of the district court at Boise, Idaho, for- 
ally opened the trial, and the selection of the 
jury began. Tense was the interest throughout 
the nation. Xo case in the history of modern 
labor troubles had aroused the American people 
to such a high pitcli of excitement. The govern- 
ment agents, inspired by plutocracy's interests, 
were determined upon convicting and executing 
these men. through whom they would deal the 
working class a blow that would set the dawn 
of coming freedom back a generation. It had 
taken them a year and more to prepare the public 
mind through the capitalist press for the pre- 
arranged conviction. In this moulding of public 



90 THE FIGHTING EDITOR, OR 

opinion, which was so necessary, they had been 
ably assisted by President Roosevelt, who had 
besmirched the dignity of the highest seat of 
honor within the gift of the American people, by 
cowardly exclaiming from his exalted position 
that these men, who had never been proved guilty 

of ANY CRIME, WERE "UNDESIRABLE CITIZENS."* 

The idea that "the king can do no wrong" had 
been handed down through the generations of the 
past and millions of Americans still believed thai- 
it was true of the president. Hence, a host of 
people were adjudging the accused guilty with- 
out further investigation. It is generally pre- 
sumed among civilized people that one accused 
of crime is innocent until proved guilty. But, 
nevertheless, you can readily appreciate the tre- 
mendous effect an utterance of this kind would 
have coming from the source it did, and just 
on the eve of the trial. 

No cowardly attack of this nature went unchal- 
lenged nor a single crooked move on the part of 
the enemy from Roosevelt down to Pinkerton 
sleuths but was exposed, analyzed and thoroughly 
exploited by the Appeal to Reason, and this 
work was slowly but surely creating a reactionary 
sentiment in the public mind, particularly among 



*Spcech of President Roosevelt, April 4, 1906. 



WARREN AND THE APPEAL 91 

the working class, from which source there was 
beginning to be heard a sullen growl of ominous 
warning, menacing in its nature, defiant in its 
tone and portentous in its awakening conscious- 
ness. What would happen should these three 
men be executed no human being on this earth 
could foretell. One thing sure, something had 
been started, and the Appeal to Reason had been 
largely responsible for it. Where and how it 
would end was a serious matter of conjecture. 
Regardless of consequences, however, not one of 
the fearless defenders of Mover, Haywood and 
Pettibone but was actuated by the highest and 
noblest of motives, nor did one shrink from any 
duty. 

If these men were hanged then God alone could 
forecast the result. It was a desperate game that 
was being played. On the one side was arrayed 
the most powerful oligarchy the world had ever 
known. A century before, had it then existed, 
it could have taken the world by the throat and 
shaken it as a dog would a rat. On the other 
hand, however, there was lined up a force in 
opposition, the strength of which the world had 
never before seen, the first intelligent front the 
working class had ever presented to the Iron 
Heel of vested interests. A clash was imminent 
should the execution of the victims be ordered. 



92 THE FIGHTING EDITOR, OR 

Debs had issued his clarion call and thousands 
were ready, yea, anxious to spring like tigers 
at the throats of their oppressors. 

At the opening of the trial newspaper men, 
lawyers, witnesses, jurors and others interested in 
the famous case were there from every state in 
the union. The little city swarmed with detec- 
tives and "gun men," while in the court room 
the enemies and friends of the men at bar glared 
at each other with unmistakable hatred. 

The Appeal had its correspondent, Geo. H. 
Shoaf, on the ground a week before the case was 
called, and it is needless to mention that he was 
under the constant surveillance of the Pinkerton 
and government detectives. His reports, in spite 
of every effort to intimidate him, were, from the 
first, fearless, bold and scathing. Mercilessly 
did he apply the lash to governors, judges, law- 
yers, and sleuths. None who were endeavoring 
to legally murder the entombed victims escaped 
the dare-devil pen. From the time the first jury- 
man was called he seemingly did not sleep day 
or night. The infamous Harry Orchard testi- 
mony upon which the prosecution was basing 
its hopes and which has now passed into history 
as the most monumental cargo of villainous lies 
ever emitted from one individual was so thor- 



WARREN AND THE APPEAL 93 

oughly torn to pieces and proved to be false by 
this skillful correspondent. 

It was on the morning- of July 28th, just eighty 
days from the opening of the trial, that the jury, 
after twenty-one hours' deliberation, brought in 
a verdict of ''NOT GUILTY" in the case of The 
State of Idaho vs. Wm. D. Haywood. This was 
without question the greatest victory for labor 
ever accomplished. It had so happened that 
through the sagacity of Darrow and Richardson, 
attorneys for the defendant, a jury of honest 
men had been selected, who, from the first, with 
the exception of one or two, realized the injus- 
tice and horror of the tragic farce endeavoring 
to be enacted, and refused, like men. to be a 
party to such an atrocity. 

The details of this famous case have now 
passed into history, and it is presupposed that 
most of those who read this volume are more or 
less familiar with them. 

The keynote of the address to the jury, deliv- 
ered by the famous attorney, Clarence Darrow, 
which occupied seven hours and forty-five min- 
utes, will live after his body goes back to the 
earth, and is worthy of being again repeated 
here: 

But it is not for Bill Haywood I plead. Or for his 
widow or his orphans. If he dies 10,000 men who work 
in the mines will send their mite to support the widow 



94 THE FIGHTING EDITOR, OR 

and the little ones, and a million people will send their 
message of sympathy. I don't plead for Haywood. 
Don't think for a moment that if you kill Haywood you 
will kill the labor movement of the world or the hopes 
and aspirations of the poor. Haywood can die, if die 
he must, but there are others who will live if he dies, 
and they will come to take his place and carry the banner 
which he lets fall. I plead for the poor, and the weak, 
and the weary. 

The eyes of the world are on you twelve men of Idaho 
tonight, and wherever the English tongue is spoken, and 
throughout the civilized world, they are wondering about 
your verdict. If you decree his death the spiders and 
vultures of Wall street will send up peals of joy, and 
wherever men live who hate Haywood because he works 
for the poor you will receive your meed of praise. 

But if you acquit this man there are millions of men 
out on the broad prairies, on the wide ocean, in the fac- 
tories and mills, and down deep in the earth there are 
women and children who will pray for you. These men 
and women and children stand here with me tonight, 
stretching out their hands and imploring God to guide 
your judgment and beseeching you to save Haywood ! 

On the verdict of Haywood hinged the fate of 
Moyer and Pettibone, and after his release it was 
only a matter of short time until they were lib- 
erated, but too late to save the life of the patient 
and brave Pettibone, who was lowered into an 
untimely and premature grave over which his 
fellow workers have erected a magnificent monu- 
ment to the memory of this man who died tor 
principle. 

A glorious victory had been won. Capitalism 
had gone down to its first acknowledged defeat, 
while the instigators of the dastardly outrage had 



WARREN AND THE APPEAL 93 

skulked in their slime to temproary cover. Mon- 
ster jubilee meetings were held all over the na- 
tion, while the Appeal calmly cleared the decks 
for the big fight into which it had become in- 
volved because of its loyal activity in the one 
just over. 



90 THE FIGHTING EDITOR, OR 



CHAPTER XII. 

THE FIRST HEARING. 

The inscription on the Appeal envelope was, in 
my opinion, inadvisable and open to objection, but 
I can see in it no violation of the -law. Judge 
John C. Pollock. 

Was it not significant that Fred D. Warren, 
editor of the Appeal to Reason, which was the 
most potent factor in the fight to liberate Moyer, 
Haywood and Pettibone, was arrested on the 
exact day the western trial opened, May 8, 1907 ? 

The history of enthroned power has ever been 
one of oppression, suppression and persecution 
for all who dared to use their voice or pen in 
protest. Plots of subtle character have ever been 
delibrately planned by the powers to thwart every 
move that tended toward freedom. We of today 
look back over the bloody pages of past history 
and wonder how the people could have stood 
for the things they did. In every age of the 
past, without an exception, the machinery of class 
government, regardless of how crudely organ- 
ized, was used to enslave the majority, and when 
the next generation managed to bring about 
a change they marveled at the ignorance of the 
people who would tolerate such a frightful con- 



WARREN AND THE APPEAL 97 

dition. Again, the next change, and each suc- 
ceeding one, would bring on a like wonder as 
to how the people could have been so easily 
fooled by those in power, whereas the people 
who were thus marveling and wondering at the 
ignorance and stupidity of past generations, were 
in their turn being duped and plundered and 
murdered by the same power organized in a little 
different form. 

The same is true today as it has ever been, 
and the future will look back upon this, presum- 
ably the greatest age in history, with more con- 
tempt and pity even than we of today look back 
upon the ignorance of the past. Nature's store- 
houses are bulging with raw material, while 
modern machinery can produce, if worked to its 
full capacity, ten times as much as the people 
could consume, and yet millions living in squalor 
and wretchedness ; the great majority of the peo- 
ple shivering in the wintry blasts of poverty, 
while a few idle rich, who happen to own the 
machinery and the natural resources, riot in lux- 
ury and extravagance. 

It does not take such a wonderful stretch of 
the imagination to conclude that the arrest of 
Warren and the opening of the Federation trial 
were skillfully planned by the powers that could 
read the signs of the times and understand that 



99 THE FIGHTING EDITOR, OR 

to permit this militant and virile agitation to go 
on unchecked would soon result in the realization 
of the dreams of these lovers of humanity. To 
relinquish the smallest portion of their power to 
throttle in its early stages every force that men- 
aced their inherited privilege was to hasten the 
day of their own downfall. 

Fred D. Warren and the Appeal to Reason 
was the nightmare to their peace of mind. With- 
out this formidable antagonist they could have 
long ago put into execution their open threat that 
"Moyer, Haywood and Pettibone would never 
leave Idaho alive." It was the thorn in the flesh 
of Capitalism and it must be removed. 

To arrest Warren on the same day the men 
in Idaho went to trial would, it was expected, 
so completely crush and intimidate him that he 
would be glad to moderate his fearless policy 
and devote his time, energy and ability to de- 
fending himself and the Appeal. How their 
plans miscarried, and how, although his case 
meant so much to him personally and to his fam- 
ily, he waved it aside and with renewed vigor 
continued with the more important work to 
which duty called him has been told in another 
chapter. 

For a couple of weeks after Haywood had 
been liberated Warren relaxed. The strain dur- 



WARREN AND THE APPEAL 99 

ing the trial had been frightful and when the 
words "not guilty" came over the wire this man, 
who had fought and conquered with nerve, fiber 
and brain, almost collapsed. Like a herioc doc- 
tor who, during an epidemic of cholera, treats 
everybody else before looking at his own tongue, 
so it was with Warren. He had served faith- 
fully in securing the liberation of others, after 
which he began to look into and diagnose his 
own case. 

Yes, he remembered his case had been post- 
poned until the November term of the federal 
court. His wife, parents and babies were worry- 
ing frightfully over it. He must look around 
and see if he couldn't do something for himself. 
It was a trifle over two months before his case 
would be called and in the meantime he must 
prepare his defense. It was not alone his case, 
but a fight for a free press and for future gen- 
erations. 

It should be noted that the Appeal to Reason 
had mercilessly exposed President Roosevelt on 
various counts and had engendered the bitter 
enmity of that official. The part he played in 
persecuting Warren and the Appeal has never 
been fully learned, but that he took an active 
interest goes without question. 

For several weeks before the November term 



100 THE FIGHTING EDITOR, OR 

of the federal court the air was full of rumors 
to the effect that other prosecutions were to be 
instituted; that the department of justice at 
Washington had taken the matter in hand ; that 
both imprisonment and heavy fines were to be 
enforced as penalties and that there would be 
no relaxation in the program until the Appeal 
to Reason was a thing of the past. 

In its issue of November 2d, just nine days 
before the court convened, the Kansas City Jour- 
nal, one of the chief administration organs in the 
west, editorially denounced the Appeal as "a 
journalist outlaw which was unworthy the pro- 
tection of the laws it had violated," and boldly 
advocated its suppression by the government. 
The same editorial referring to the Appeal stated 
that "The United States department of justice, 
acting at the suggestion of the president, had 
instituted proceedings against a Socialist sheet 
of Girard, Kansas." 

A few days prior to the opening of the War- 
ren case, Judge Frank Doster, ex-chief justice of 
the supreme court of Kansas, who had been re- 
tained by the defense, but was unable to handle 
it on account of an urgent case he had in the 
supreme court at Washington, wrote Warren 
in part as follows : 

I received your copy of the Appeal with marked 



WARREN AND THE APPEAL 101 

article concerning the threatened prosecution. I enclose 
herein similar article published in last evening's Topeka 
Journal. My judgment is that you and Debs and every 
one concerned with the Appeal are "in for it." The ad- 
ministration has started in to suppress the Appeal, or, 
if that be not possible, to compel it to abate its tone and 
character. 

These are only scattering instances to indi- 
cate the sentiment that was prevalent regarding 
the attitude of the government toward the Ap- 
peal. Numerous others could be cited, but space 
forbids, with the exception of a "break" made by 
Assistant District Attorney West, who acted on 
behalf of the government at the hearing. Xo- 
vember llth. 

When the case was finally called Gen. L. C. 
Boyle, ex-attorney general of Kansas, who was 
representing Warren, entered a motion to quash 
the indictment for the want of sufficient ground 
for prosecution, and then proceeded to make 
his argument in favor of the motion. 

Following General Boyle in behalf of the de- 
fense. Assistant District Attorney West, in sup- 
port of the government, made his argument 
against the motion to quash. During his argu- 
ment he cited an adverse ruling of a judge in a 
certain case, and Judge Pollock, who was on the 
bench, asked him if he thought that was good 
law. "I do." was the prosecutor's answer. "I 
don't," retorted the judge from the bench, which 



102 THE FIGHTING EDITOR, OR 

rebuke irritated the government attorney not a 
little. 

At the conclusion of the argument on the part 
of the prosecution, Judge Pollock put to the 
attorney a series of hypothetical questions. "Sup- 
pose," said he, "the authorities of the state of 
Kentucky had offered their reward of $100,000 
for the apprehension of ex-Governor Taylor and 
had circulated the printed offer through the 
mails in the same manner in which this envelope 
(referring to the envelope on which the indict- 
ment had been returned) was circulated, would 
that have been a violation of the law?" 

"Suppose, again," continued the judge, "the 
sheriff of a county were to offer a reward for a 
certain person accused of crime, though not tried 
or convicted, and printed said offer on a postal 
card and circulated it through the mails, would 
that be a violation of the law ?" 

The judge followed up these questions with 
the observation that while the inscription of the 
Appeal envelope was, in his opinion, INADVISABLE 

AND OPEN TO OBJECTION, HE COULD SEE IN IT NO 
VIOLATION OF THE LAW. 

It was at this point that the prosecuting attor- 
ney made the "break" referred to above. When 
the judge stated that "he could see in this charge 
no violation of the law," the attorney snapped 



WARREN AXD THE APPEAL 103 

back, "I have a letter from the attorney general 
at Washington stating that the offense charged 
in this case is clearly in violation of the law 
and authorizing it to be vigorously prosecuted/' 

Mr. West did not read the letter, but there 
remained no doubt regarding the truthfulness 
of his statement, and that the authority to prose- 
cute the Appeal came from the government of- 
ficials at Washington, with the president of the 
United States, in all probability, behind it. 

That Judge Pollock, had the government been 
ready for the trial at this term, would have ac- 
quitted the defendant was clearly evident to all 
who were in the court room that day. The 
United States government, knowing the case 
would again be postponed, had not seen fit. as 
yet, to "instruct" the judge who was to try the 
case. Without instructions from the higher trib- 
unal he was inclined to be fair and impartial 
toward the Appeal, and thus openly expressed his 
honest opinion that he "could see in the case no 
violation of the law." 

In passing, attention should again be called 
to the fact that the postmaster of Girard could 
see in the mailing of the reward offer no violation 
of the postal rules and regulations, and Judge 
Pollock, a federal judge of the United States 
court in open session, could see no violation of 



104 THE FIGHTING EDITOR, OR 

any law. How, in candor and fairness, was Mr. 
Warren, who is not a lawyer, or even a post- 
master, to know that he was violating the law? 
The indictment charged that he "wilfully and 
knowingly" committed this crime. 

At the close of the arguments Judge Pollock 
requested that he be furnished with the briefs 
of both sides and then announced that the motion 
to quash would be taken under advisement and 
his decision rendered in due time. 

It was on February 11, 1908, just three months 
after Judge Pollock had taken under advisement 
the motion to quash the Warren indictment, 
made by the defense during the November term 
of the federal court at Fort Scott, that he issued 
his refusal to dismiss. 

During the interval of three months which ha^ 
elapsed this weakling who bore the distinguished 
title of "JUDGE" had no doubt received his "in- 
structions" and in conformity with the record 
of the judiciary since the institution was founded 
he became the willing yea, anxious retainer, as 
has been the habit of these debauchers of justice, 
of the ruling powers higher up. 

With but few exceptions the units who make 
up the aggregate of this powerful bulwark of 
Capitalism, farcically termed "The department of 
justice," have never failed to pliantly obey the 



WARREN AND THE APPEAL 105 

mandates of their masters, so \vhat could be 
expected from this man. with an angle-worm for 
a backbone and a scarlet trail of rottenness and 
crookedness in all the highways and byways 
of his career, from the days when he practiced 
law in Oklahoma and sold out his own client, 
after working as his attorney and becoming fa- 
miliar with all the details of this case, to his de- 
cisions, as a judge invariably rendered in the 
interests of his corporate masters. 

Judge Pollock's record as an individual to- 
gether with the record of court decisions of the 
past where the interests of Capitalism vere at 
stake, gave the Appeal to Reason, and the man 
through whom they were trying to crush it, little 
hope for a fair and impartial trial. 



106 THE FIGHTING EDITOR, OR 



CHAPTER XIII. 

SETTING THE STAGE. 
RECORD OF THE CASE. 

Fred D. Warren was indicted May 7, 1907 ; 
gave bond May 8, 1907, for appearance at the No- 
vember term, 1907, after first appearing before the 
court and asking immediate trial, game being de- 
nied him. 

November, 1907, Warren appeared before the 
court at Fort Scott, with his attorneys, ready for 
trial, and on application of the government, post- 
ponement was taken until the May term, 1908. 

May, 1908, Warren appeared before the court, 
accompanied by his attorneys, ready for trial, and 
again application for postponement was made by 
the government, and granted until "after election," 
November 6, 1908. 

November 9, 1908, Warren again appeared at 
Fort Scott, ready for trial, and the government 
again made application for postponement, the 
same being granted, of course, until May 3, 1909. 

May 3, 1909. At last the government was ready 
to try the case, after two vears of haggling, post- 
poning and getting "ready." Careful preparations 
had been made, even to the pardoning of ex-Gov 
ernor Taylor, so that he might leave the state of 
Indiana in safety, and come to Kansas to testify 
that the offer of the Appeal's reward for his cap- 
ture had defamed his spotless character. A jury 
made up, almost exclusively, of old soldier repub- 
licans had been selected. At last Warren was to 






WAKREN AND THE APPEAL 107 

get a hearing in this court of equity and justice. 

The result was foredoomed, as I hope to convince 

you in the following pages. 

As will be noted in the above, it was the gov- 
ernment which was prosecuting the case that 
had it continued each term of court. It was, 
lacking four days, just two years from the day 
that Warren was arrested, before he could get 
to trial, and when at last the day arrived that 
the United States government was ready to make 
its gallant ( ?) fight against this lone man, shame 
be upon its methods. Never before had there 
been such straining and twisting of law to make 
a case of violation as there had been in this one. 
It was obvious on the face of it that the gov- 
ernment after bringing suit found its case en- 
tirely too flimsy for digestion on the part of 
the American people, particularly after the Ap- 
peal had so clearly shown that the whole pro- 
ceeding had been inspired by an over-zealous 
desire, not to have justice rendered, but to either 
force the paper to the wall or intimidate it into 
adopting a reactionary policy. Unable to ac- 
complish either of these designs, the government, 
through its attorneys, began to make overtures 
to Warren in an effort to get the case hushed 
up quietly and wait for a more opportune time 
to swoop down and suppress this fearless peri- 
odical. 



18 THE FIGHTING EDITOR, OR 

It was promised by the government, through 
its attorneys not only once but several times, 
that if Warren would plead guilty, a nominal fine 
would be imposed and the case dropped. The 
facts relating to these proposals were published 
in the Appeal at the time, and also Warren's re- 
ply to the same. He said : 

If I should plead guilty and accept a fine of one dollar 
and costs, it would furnish a precedent that would be 
used in the future against labor and the Socialist papers. 
It would be cheaper for the Appeal, but it would be bad 
for the cause. In fighting for acquittal, therefore, I am 
fighting a battle for liberty of the press and not for my- 
self. I would not accept a fine of one cent, because in 
so doing it would leave a precedent that would con- 
tinually menace a free press, and if my refusal means 
that I'll get the limit let me say that I would rather get 
a thousand times the limit than sacrifice principle or give 
up this fight to my personal advantage and at the ex- 
pense of the Socialist movement and a free press in 
America. 

Again it was a question of principle that had 
in the past caused this man so many heart- 
aches and blasted hopes that he could not sacri- 
fice. It is not for me to say what the average 
person would have done in like circumstances. 
With wife and babies and aged parents praying 
that this thing which haunted them in their 
sleep and silently followed them through the day 
would be cleared up at the earliest possible date 
would not have tempted the best of us to ac- 
cept the "nominal fine," which it was promised 



WARREN AND THE APPEAL 109 

would not exceed -$2,"), and relieve the distress of 
those near and dear to us. 

But in the case of Warren, where is the man 
who dares to intimate that he was even tempted 
by this subtle offer? He knew in his heart that 
he was guiltless of any crime, and he had noth- 
ing to compromise. 

Was it not a fact that every sheriff and every 
official in the United States had time and again 
sent out, through the mails, offers for the appre- 
hension of criminals who were wanted? Was it 
not a common custom for banks and individuals 
to use the mails in offering rewards for persons 
who had committed crime, or were supposed to 
have done so? There was no law giving these 
parties permission so to use the mails any more 
than there was for the editor of the Appeal to 
Reason. 

There cannot be the slightest question on the 
part of any human being who will look this 
affair squarely in the face but that the United 
States government was totally indifferent 
regarding this specific charge. It was not 
because Fred Warren had offered a re- 
ward for ex-Governor Taylor that he was 
being dragged through the federal court, 
but that he was editor of the Appeal to Reason 
and a Socialist of ability and power. This was 



110 THE FIGHTING EDITOR, OR 

clearly demonstrated when Clarence Darrow, who 
had, after the liberation of the Western Feder- 
ation officials, been employed to defend Warren, 
went to Washington, armed with a grip full of 
these reward offers from all parts of the country 
and placed them before the attorney general of 
the United States, and that individual, with a 
shrug of his shoulders, drew forth a large drawer 
and placed on the table for Attorney Dar row's 
inspection a large pile of MARKED COPIES OF THE 
APPEAL, together with other papers and clippings 
relative to this publication. He frankly admitted 
that it was not Warren that they were after so 
much as it was the Appeal to Reason. 

Attorney Darrow wrote the Appeal while in 
Washington : "It is perfectly plain that for years 
the government has been busy in trying to get 
something against the Appeal for the purpose 
of destroying it. They are, no doubt, engaged 
in the same business at this time." 

When Warren had spurned their contemptible 
overtures and exposed them to the world, in the 
true spirit of vindictive inquisitors, they began 
in deadly earnest to connive, manufacture evi- 
dence and lay their plans to convict WITHOUT 
FAIL, this man who had so defiantly rejected their 
proposals. 

Several things were extremely important and 



WARREN AND THE APPEAL 111 

must be assured if a conviction was to be brought. 
God knows the charge upon which their victim 
was to be tried was so ridiculously weak that 
no court on earth that was not "fixed" would 
ever convict him. Of paramount importance 
was: First, the judge. Judge John C. Pollock 
could be depended upon to do his part. No doubt 
about that. Second, the jury. The United States 
marshal could be depended on to impanel a jury 
that would convict. Third, perjured testimony. 
They could summon government witnesses who 
would swear to anything. Fourth, they could 
get Taylor pardoned and have him appear and 
swear to the necessary lies. 

Under this arrangement, if they could carry it 
through without having their tactics analyzed 
and exploited, the world would look on and 
applaud that another outlaw had been brought 
to justice. 

That this was their exact program cannot, of 
course, be absolutely verified, but that Warren 
was convicted under just such an arrangement 
as this, whether preconceived or not. is the 
undoubted truth of the matter. 

The jury, as stated, was impaneled by a United 
States marshal, and was made up entirely of par- 
tisan republicans, every one of whom hated the 
Appeal to Reason and Socialism. More than 



112 TTTE FIGHTING EDITOR, OR 

half of these jurors were old soldiers, drawing 
pensions from the same government that was 
prosecuting the defendant. Hidebound to the 
core, every one of them. Some of them before 
the trial openly expressed themselves as be- 
lieving that the Appeal to Reason should be 
suppressed and its editors sent to prison, affi- 
davits to that effect being presented by counsel in 
argument for new trial. 

These men were not naturally vicious, unless 
ignorance and prejudice can be classed with 
viciousness, but they were ultra patriotic republi- 
can pensioners, drawing their daily sustenance 
from the same source that the prosecution was 
drawing theirs. Could these men be expected 
to render a verdict adverse to the interests of 
their benefactors? 

Look about you ! Imagine six of your old 
soldier acquaintances who are republicans, and 
pensioners, on a jury that is to try for a political 
offense against the government, the editor of the 
Appeal to Reason. (I say political offense be- 
cause that was, as shown before, exactly what 
Warren was being tried for.) Do you think 
they could or would render an impartial verdict? 
You know they would not. 
. There isn't one old soldier in twenty, who is 
a republican, who doesn't hate the Appeal to 



WARREN AND THE APPEAL 113 

Reason and considers it a printed incitement to 
revolt against the government from which he 
draws hi? pension ; that Socialism which it ad- 
vocates is a movement from hell itself, and that 
its leaders should be imprisoned or executed. 

Was it a coincidence that all these jurors were 
republicans? That not a Socialist nor even a 
democrat was selected J Do you think so ? Then 
why was it that in the entire venire of that par- 1 
ticular grand jury, only one lonely democrat was 
summoned, and all the rest, some fifty or sixty, 
were republicans ~? 

That this jury before which Warren was to be 
tried was packed, and deliberately, goes without 
question. Were it not so I could be arrested and 
convicted on the charge of criminal libel for pub- 
lishing the statement. The Appeal to Reason 
editor, who published at the time a series of 
charges against the prosecution, had they not 
been true, and based upon absolute fact, would 
have had a flood of libel suits upon him and the 
Appeal, from under which they could never have 
been extricated. 

Two illustrations of prejudice on the part of 
jurors will suffice to indicate the feelings of all, 
with possibly one or two weak exceptions. 

F. M. Jones, an old resident of Oswego, Kan., 
in an affidavit read by the attorney for Warren 



114: TUP, FIGHTING EDITOR, OR 

in the argument for a new trial, said: "I am 
well acquainted with Geo. W. Matthews, of Os- 
wego, who served as a member of the jury in the 
Warren case. I have had some business dealings 
with said Matthews, and as we are both old 
soldiers, we have been in the habit of talking- 
together a great deal. During the fall of 1908, 
and while the political campaign was in prog- 
ress, I heard the said Matthews frequently say 
'that Fred Warren, the editor of the Appeal to 
Reason, ought to be dealt with to the fullest ex- 
tent of the law.' " 

This man Matthews, at the trial a few 
months later, swore that he could sit in judg- 
ment, unprejudiced and unbiased, and that he 
had not formed any opinion on the case. 

An affidavit by E. C. Simon, a real estate man 
of Garnett, disclosed the fact that early on the 
morning of the Warren trial at Fort Scott Eli 
B. Long, of Garnett, one of the jurors, in a con- 
versation with Attorney Hugh Lardner, of Fort 
Scott, and the deponent, declared that Fred War- 
ren, of the Appeal to Reason, had been "horsing" 
for a trial and now he guessed he was going 
to get it. Attorney Lardner, on the witness stand 
at the hearing for a new trial, later testified that 
on the morning of May 5th, date of the trial, 
he met Mr. Simon, of Garnett, and Eli Long of 



WARREN AND THE APPEAL 115 

the same place, on the street. In the course of 
the conversation Lardner said Long referred 
to the Warren case saying that Fred Warren 
had been "horsing" for a trial and now he 
guessed he was going to get it. Long also de- 
nounced the Appeal to Reason, testified Lardner. 
by calling it a "villainous sheet." When remon- 
strated with and advised that inasmuch as he 
was a juror he might be called to sit on this 
case, he stated that he was too far down the list 
and would not be called. 

Later he was called and swore that he could 
sit in judgment unprejudiced and unbiased, and 
that he had not formed any opinion on the case. 

Affidavits were brought against more than half 
of the Warren jury, conclusively proving that 
they had taken their seats after having publicly 
stated their prejudice against the defendant, the 
Appeal to Reason and Socialism beforehand. 

This much for the jury from whom Fred D. 
\Yarren was to expect a fair and impartial trial. 
The success of the other plans of the prosecu- 
tion will be shown in the succeeding chapter. 



116 THE FIGHTING EDITOR, OR 



CHAPTER XIV. 

Till-: TRIAL CONVICTION. 

The evening before the trial, May 3rd, Com- 
rades Warren, Debs and myself took the train to 
Fort Scott in order to be on hand at the opening 
of court the following morning. General Boyle, 
one of Warren's attorneys, was in the city and 
Darrow arrived during the night. After con- 
sultation with the attorneys the following morn- 
ing at the hotel, we all wended our way to the 
federal building where court was to convene at 
nine o'clock. Warren took his seat with his 
attorneys inside the docket, while Comrade Debs 
and myself occupied seats near a window outside 
of the dock. We were present at least half an 
hour before court was to be called and the court- 
room was filled when we arrived, while it was 
only a few minutes until the stairs were packed 
and fully as many people, who could not get in 
at all, were on the outside. 

On the stroke of the hour there was a stirring 
at the outer door, a shuffling of feet, changing 
of positions, murmurs and a craning of necks 



WARREN AND THE APPEAL 11 < 

as Judge John C. Pollock of the federal court 
of the Fifth district of Kansas, in immaculate 
dress, and with much dignity, took his seat, after 
which he looked out learnedly over the assembled 
multitude ; smiled broadly and condescendingly, 
as much as to say : "You poor worms what can 
I. Judge John C. Pollock the learned, do for 
you?" His eyes then rested on the defendant, 
but they didn't remain long. He saw in those 
clear grey orbs no indication of fear or cringing 
and those who noticed the exchange of looks, had 
they not been familiar with a courtroom arrange- 
ment, would have thought that Warren was the 
judge and Pollock the culprit. \Yarren calmly 
looked the judge squarely in the eye, while the 
latter looked guilty, weakly smiled, and then 
blushed to the temples of his powdered face. He 
then turned to a large buck negro, who stood 
like a statue near the judge's bench, nodded his 
head and the negro bailiff in a deep bass voice 
cried out : "Hear ye ! hear ye ! hear ye !" etc. 
and winding up by bowing his head and offering 
the regular court prayer : "God save this honor- 
able court.'' 

Comrade Debs remarked in a low voice to me : 
"I think if there is anything on earth that needs 
to be saved it is these damned courts." 

It took until 4:45 in the afternoon to select 



118 THE FIGHTING EDITOR, OR 

the jury, after which court adjourned until 10 
o'clock the next morning. 

On the opening of court, District Attorney 
Bone, for the government, recited briefly the 
charge that on January 12, 1907, a certain envel- 
ope on which was printed in red ink the inscrip- 
tion, "$1,000 reward will be paid to any person 
who kidnaps ex-Governor Taylor and returns him 
to the Kentucky authorities." The statement 
set forth that the envelope was mailed to J. L. 
Pierson, of San Pedro, California, and that it 
had been sent out at the suggestion of Fred D. 
Warren, editor of the Appeal to Reason, in com- 
pany with some twenty thousand other envelopes 
bearing the same inscription. 

Attorney Barrow, for the defense, requested 
that he be permited to make a statement later, 
but request was refused him. 

W. E. Baker., assistant postmaster of Girard, 
was the first witness called for the government. 
He testified that Warren had come to the post- 
office and inquired as to whether or not the en- 
velope bearing the inscription was mailable, and 
that he and the postmaster, A. M. Wasser. had 
looked through the postal guide containing rules 
and regulations governing such matters and had 
advised Mr. Warren that thev had been unable 



WARREN AND THE APPEAL 119 

to find any law prohibiting the mailing of such 
a reward. 

A. M. Wasser, postmaster of Girard, was next 
called and testified to the same effect. 

L. C. Chance, postoffice inspector, followed Mr. 
\Yasser and gave the first perjured testimony. 
He swore that Warren told him in the presence 
of Mr. Wasser, the postmaster, that the mailing 
list of the Appeal had been destroyed. This was 
a deliberate falsehood, and Wasser testified, when 
called again to the stand, that he heard virtually 
even- word that passed in that conversation be- 
tween Warren and Chance and that at no time 
did Warren say the mailing list, which was sup- 
posed to contain the name of J. L. Pierson, was 
destroyed. Chance knew he was lying when he 
gave that testimony, but he knew the effect his 
statement would have upon the minds of a jury 
of republican partisans. The object was to con- 
vey the idea that the lists had been destroyed in 
order that they could not be used as evidence 
in the trial. 

At the close of Chance's testimony Kentucky's 
former governor. Wm. S. Taylor, took the stand. 
His testimony was brief, but backed with per- 
jury. Among other things he was asked if. at 
the time Warren offered this reward, he was un- 
der indictment for murder by the state of Ken- 



120 THE FIGHTING EDITOR, OR 

tucky, and he said he was not. The United 
States district attorney, evidently wishing to im- 
press the jury with the idea that Warren had 
tried to have an innocent man kidnaped, and 
had so grossly defamed a virtuous man's char- 
acter, repeated the question : "You say that at 
the time Warren sent out this envelope no indict- 
ment had been returned against you?" "No," 
was again the answer. 

According to the official record the indictment 
against Taylor, which was secured by counsel for 
Warren later, was brought by the federal grand 
jury of Franklin county, Kentucky, on April 19, 
1900, and it charged him with being accessory be- 
fore the fact to the wilful murder of William 
Goebel. 

The object of this perjury was as plain as if 
it had been openly stated. The jury was given 
to understand that Taylor was a terribly wronged 
man, that in January, 1907, when the reward was 
offered, he was not in Indiana to evade the laws 
of Kentucky, that no indictment stood against 
him for murder, and that Warren, who was a 
Socialist and a monster in the eyes of the .jury, 
had defamed an honorable EX-REPUBLICAN GOV- 
ERNOR. The lie went direct to the heart of each 
individual juror, whose sympathies were all with 
this "persecuted" republican patriot, and did 



WARREN AND THE APPEAL 121 

more than anything else to incite the hatred 
of this republican jury against the Socialist edi- 
tor, and beyond all shadow of doubt it sealed his 
doom. 

The character and nature of Taylor's testi- 
mony, however, is only a concrete illustration of 
the character and nature of the whole infamous 
prosecution of Warren. Being unable to deny 
or explain his disclosures of the graft and crook- 
edness of the national republican administration, 
and smarting under the terrific hammering he 
was giving their official acts in the Appeal to 
Reason, the machinery of government was put in 
motion and all its forces employed to encompass 
the destruction of the victim marked for ven- 
geance. 

It was a strange parallel that William S. Tay- 
lor, a capitalist and a republican wanted for mur- 
der, should, without trial, be pardoned and ap- 
pear in court and upon false testimony assist in 
convicting a man for offering a reward to have 
him returned to the state where he was wanted. 

Taylor, the republican and capitalist, pardoned : 
Warren, the workingman and Socialist, con- 
victed. Taylor, the refugee, released for the pur- 
pose, acted as a witness against Warren who 
had never fled from the courts, against whom 
no suspicion of crime was ever entertained, and 



122 THE FIGHTING EDITOR, OR 

who, in his own community, stood the peer of 
honor and uprightness of any citizen in it. Tay- 
lor was indicted for the crime of murder. War- 
ren was indicted for offering a reward for the 
capture of the supposed murderer. The one 
was liberated to bear false testimony against the 
other, who was convicted. 

If this record does not triumphantly confirm 
Warren's original contention relative to' the class 
character of the courts, to illustrate which he 
offered the reward in the first instance, and their 
readiness to release a capitalist and convict a 
workingman, then language has failed of its 
meaning and most serious human action becomes 
the merest joke. 

Taylor concluded the testimony of the wit- 
nesses called by the government, and the prose- 
cution rested. A recess followed for conference 
of counsel and defendant to consult regarding 
witnesses they should put on. It happened to 
be the writer's privilege to participate in this 
consultation, and had I not already known inti- 
mately the character of Fred D. Warren and his 
loyalty to truth, about a minute in that room 
would have dispelled all doubts. The attorneys 
wanted him to go on the stand in his own de- 
fense, but insisted that should he be asked a cer- 
tain question regarding a minor technicality, he 



WARREN AND THE APPEAL 123 

was to dodge it. Warren quickly gave his at- 
torneys to understand that if he went on the 
stand he would tell ''THE TRUTH, THE WHOLE 

TRUTH, AND NOTHING BUT THE TRUTH." They 

endeavored to remonstrate with him and insisted 
that he would not have to swear to a lie, and he 
again repeated that he wanted it understood that 
he would tell the truth, the whole truth and 
nothing but the truth, and he furthermore de- 
clared that he would not stand for anything that 
even hinted of perjury from any witness put on 
in his defense. That he meant what he said there 
was no doubt in the minds of those in that room. 
There was not the slightest idea on the part 
of his attorneys to have Warren or anyone else 
swear to anything false, but in court ethics there 
are circumstances under which a technicality 
shaded one way or the other may make a world 
of difference in its influence upon a jury. War- 
ren's desire was to tell a straight-forward story, 
leaving nothing out, and adding nothing. On the 
other hand his attorneys did not entirely approve 
this attitude and persuaded him, against his judg- 
ment, not to take the stand at all. The writer, 
as foreman of the business office of the Appeal 
at the time the letters were mailed, was, conse- 
quently, the only witness called by the defense. 
It took but a few minutes to elicit his testimony, 



124 THE FIGHTING EDITOR, OR 

which consisted chiefly in the fact that he had 
mailed the envelopes in question, numbering ap- 
proximately twenty thousand, to the Appeal 
Army, receiving instructions from the defendant, 
Fred D. Warren, to that effect. There was no 
effort on the part of the defense to deny that 
these envelopes had been mailed, and that Fred 
D. Warren was responsible for the mailing, War- 
ren himself insisting that this must be made plain 
to the jury. Following this brief testimony on 
the part of the defense the lawyers made their 
pleas to the jury, which we will pass without un- 
necessary comment. 

The prosecution dealt chiefly on the point that 
the reward was offered for Taylor at a time when 
no indictment stood against him, which they 
knew was false, and that he was a terribly 
wronged and defamed man as a consequence ; 
that his reward offer had been printed in "Red 
Ink," a symbol of anarchy, and had been threat- 
eningly directed against an ex-governor and re- 
publican patriot. 

Had the defense been gifted with supernatural 
power direct from the Almighty they could not 
have overcome the deep-seated hatred which the 
jury of old soldier republicans and pensioners 
had conceived for the defendant even before they 



WARREN AND THE APPEAL 125 

were called upon to enact the travesty upon 
a fair and impartial trial. 

"GUILTY" it was foreordained should be the 
verdict, and such it was. 

During his argument before the jury, Prose- 
cuting Attorney Bone, in an impassioned plea in 
behalf of ex-Governor Taylor, turned to Attor- 
ney Darrow in a dramatic manner and asked 
him in a voice tense with feeling how he would 
like to have a reward of a thousand dollars of- 
fered for his return to Kansas after his departure 
from Fort Scott to his home in Chicago. Dar- 
row smiled at the prosecutor and then quick as 
a flash retorted in a quiet voice : "I would expect 
it if I was under indictment for murder." It is 
needless to say that Bone did not again attempt 
to 'pillory Darrow. Behind that good-natured 
smile there was something which plainly told the 
prosecutor that it was loaded. 

Following the jury's verdict of "guilty" the 
attorneys for the defense asked a stay of proceed 
ings for ten days, at which time a morion for a 
new trial would be argued. This was granted. 



126 THE FIGHTING EDITOR, OR 



CHAPTER XV. 

THE CLIMAX. 

It was not until July 1st, two months after 
Warren had been adjudged guilty, that Judge 
Pollock invited the defendant to appear at Fort 
Scott to present argument for new trial and show 
cause why sentence should not be pronounced. 
Attorneys Darrow and Boyle reviewed the case of 
their client from its beginning down to the ver- 
dict of guilty rendered by a biased and unfair 
jury. They tore to shreds the perjured testi- 
mony of ex-Governor Taylor and L. C. Chance, 
the principal witnesses for the prosecution. They 
produced numerous affidavits showing unques- 
tioned prejudice on the part of at least one-half of 
the jury, and clearly proved to the entire satis- 
faction of every fair-minded person in the court 
room that if there was ever a convicted man on 
this earth who was entitled to a new trial that 
man was Fred D. Warren. But the attitude 
of the judge, the prosecuting attorneys and the 
other government officials plainly indicated from 
the beginning that the application would be de- 
nied and sentence pronounced. It was only a 



WARREN AND THE APPEAL 127 

matter of form that the defense was permitted 
to make their motion and argument. The deci- 
sion of the court was settled in advance. Evi- 
dence, affidavits, arguments, pleas it was all use- 
less and so far as hope of securing justice was 
concerned, was a total waste of time. Never 
was a phrase more properly applied that when 
Warren leaned over to one of his attorneys and 
in an undertone said: "What's the use?" 

The last bit of uncontradicted evidence dis- 
closing the bias and prejudice of the jury who 
convicted Warren had been introduced, Proof 
positive had shown the grossly perjured testi- 
mony of chief witnesses and everything possible 
had been done to secure a stay of judgment and 
a new trial, but all in vain. Judge Pollock had 
overruled the motion of the defense and extended 
the customary invitation to be shown cause why 
sentence should not be pronounced, when Judge 
John C. Pollock's court was treated to a surprise 
such as probably no other federal court in the 
history of that institution was ever treated. 

Since the installment of the courts in the 
United States, supposedly established for the pur- 
pose of meting out justice to all without discrim- 
ination, American people have reverently exalted 
them. To criticise the courts Mr. William Jen- 
nings Bryan once said "is of a very serious mat- 



THE FIGHTING EDITOR, OR 

ter." This is simply the expressed opinion of 
practically every American since the institution 
was formed. Seemingly there has never been 
one with the hardihood and courage to criticise 
them regardless of how tyrannical, unjust or 
corrupt they might be. 

Never was one of these sleek, well-fed dispen- 
sers of law, called federal judges, more dumb- 
founded with surprise than was Judge Pollock 
when he formally extended his invitation and 
Fred D. Warren, the convicted, arose, looked the 
judge calmly in the eye and said in a firm, clear 
voice: "Yes, your honor, there are some rea- 
sons why sentence of the court should not be 
pronounced." 

Friends and enemies alike were taken so com- 
pletely by surprise that consternation, wonder, 
admiration and awe was clearly mirrored on 
every countenance. The attorneys for Warren 
were as much taken by surprise as the others in 
that court room. It was solely on his individual 
initiative that he determined to take matters in 
his own hands. 

Geo. H. Shoaf, who reported the trial, said in 
part in the next issue of the Appeal: "Tense 
were the feelings of the spectators as Warren 
faced the court. Instinctively it was realized 
that something was about to happen, but just 



WARREN AND THE APPEAL 139 

what it would be no one could think or say. The 
benign face of Clarence Barrow, the celebrated 
lawyer, who was defending Warren, showed con- 
cern, as did the faces of his associate counsel, 
when it became evident that their defeated but 
unconquered client was about to initiate action in 
his own behalf. The government's agents and 
attorneys looked as if a red flag had been un- 
expectedly unfolded or a bomb was about to 
be hurled, and they cringed speechless in their 
chairs. Judge Pollock himself, his eyes fastened 
on the figure before him, his countenance plainly 
revealing the conflicting emotions of his mind, 
sat is if stricken dumb. 

"With his hands on the table before him and 
his eyes looking straight and fearlessly into those 
of the court, Warren, in clear and forceful tones, 
began a speech as remarkable as it is without a 
parallel. The unexpectedness of the proceeding 
and Warren's boldness of utterance astounded 
Judge Pollock. Once or twice Prosecuting At- 
torney Bone looked appealingly at the court as 
if the latter dignitary ought to foreclose on the 
speaker's remarks, but the court was too preoc- 
cupied with amazement to except. To a silenced 
judge and in the presence of an audience whose 
very breathing could neither be felt nor heard 
Capitalism's most prominent victim and labor's 



130 THE FIGHTING EDITOR, OR 

uncompromising champion proceeded with the 
uncovering of the causes that had led to his con- 
viction. Never in his life had Judge Pollock lis- 
tened to a speech like this made in the federal 
court. 

"Warren represented in the concrete the agony 
and woe, the blood and tears of the working 
class of the world. He typified the issue between 
the ruling class and those who are fighting the 
age-long war for human emancipation. Through 
him were voiced the outraged sentiments of men, 
women and children who in the field, factories 
and mines do the work of the world and who in 
some way would protest against the methods by 
which the wealth their work creates is taken from 
them and given to those who labor not. Here in 
this federal court, the strongest bulwark of the 
system that is responsible for the agony and blood 
and outraged sentiments, Warren, already con- 
victed and about to receive sentence, faced with- 
out hesitation and without a tremor the flesh and 
blood embodiment of Capitalism's mighty power 
and challenged him to do his worst. 

"Warren's speech climaxed his defense and 
clinched it irrefutably in the consciences of his 
auditors. If there had been any doubt as to the 
injustice of the prosecution and the animus and 
origin of it, this doubt rapidly dispelled as the 



WARREN AND THE APPEAL 131 

speech proceeded. After sentence was pro- 
nounced and the prisoner was admitted to bail 
pending an appeal, John H. Crider, one of the 
most prominent republicans in Fort Scott and 
probably in secret society circles the most in- 
fluential man in Kansas, who had listened to 
Warren's address, came forward and volunteered 
to sign his bond. Downstairs after adjournment 
of court a group of men, democrats and re- 
publicans, united in open indorsement of the 
speech and unqualifiedly expressed their admira- 
tion of the man who made it. 'If ever that man 
runs for president he will get my vote/ declared 
one of those who participated in the discussion." 

"Warren's speech and Barrow's argument put 
this case in a different light," said R. J. Finley, 
one of the jurors who voted to convict and who 
sat through the proceedings of the day. "There 
is no question as to Warren's ability and sincer- 
ity. I am not a Socialist, but as far as I am able 
to determine I believe Warren is honest and free 
from criminal intent," Finley declared. 

It is difficult to interpret the impression that 
was made on the mind of the court. Ordinarily 
convicted prisoners accept sentence in silence. 
Warren's course petrified with astonishment the 
court to whom his remarks were addressed. An 
age seemed to have elapsed before Pollock re- 



132 THE FIGHTING EDITOR, OR 

covered sufficiently to proceed. It was very 
evident that he did not know what to say. Un- 
doubtedly he had made up his mind as to the 
severity of the sentence, but this speech from the 
prisoner apparently upset his plans. Now he 
vibrated between doubt and despair. Warren, 
possibly with a note of defiance, had announced 
that lie did not ask or expect clemency or mercy; 
that he was not guilty and was not conscious of 
having committed an offense. The United States 
district attorney had demanded that the full 
penalty of the law, five years in the pententiary 
and a $5,000 fine, be inflicted. 

With halting tones and in a manner plainly 
denoting the confused condition of ""his mind, Pol- 
lock began the pronouncement of the sentence 
with an apology in part and an attempt at argu- 
ment in reply to Warren's speech. 

According to the Fort Scott Tribune this im- 
passioned address made a most profound impres- 
sion. It said : "The fact that Judge Pollock stated 
he bad given the case weeks and weeks of delib- 
eration and had hardly known what to do shows 
that Warren may have had some merit in his 
claim that the government had sanctioned kid- 
naping. The speech Mr. Warren delivered will 
be kept as a treasure by many who are with him 
in this case." 



WARREN AND THE APPEAL 133 



WARREN'S ADDRESS IN THE FED- 
ERAL COURT AT FT. SCOTT, 
JULY 1ST, 1909. 



NVarren's speech in reply to the invitation of 
Judge Pollock at Fort Scott. Kan., to show cause 
why sentence should not be passed, which follows, 
is destined to become immortal in revolutionary 
literature. 

"I wish to call the attention of the court to 
the fact that this case is the outgrowth of the 
kidnaping of three workmen by the agents of the 
great mining corporations, with the connivance 
of the state officials of Idaho and Colorado. The 
kidnaping of these workingmen was acquiesced in 
by the president and sanctioned by the supreme 
court of the United States. 

"In referring to the manner in which these 
workingmen were taken from their homes as 
kidnaping I wish jt understood that no less dis- 
tinguished a personag-e than Justice McKenna of 
the supreme court of the United States used this 
term in dissenting from the opinion of his asso- 
ciates. Justice McKenna, after reviewing the 
facts laid before the supreme court, said : 

"In the case at bar the states, through their officer?, 
are the offenders. They by an illegal exertion of power 
deprived the accused of a constitutional right. * * * 
Kidnaping is a crime, pure and simple. * * * All of 
the officers of the law are supposed to be on guard 



134 THE FIGHTING EDITOR, OR 

against this. * * * But how is it when the law be- 
comes the kidnaper when the officers of the law, using 
the forms and exerting its power, become abductors? 
This is not a distinction without a difference, another 
form of the crime of kidnaping, distinguished only from 
that committed by an individual by circumstances. If a 
state may say to one within her borders and upon whom 
her process is served, 'I will not inquire how you came 
here; I must execute my laws and remit you to pro- 
ceedings against those who have wronged you/ may she 
so plead against her offenses? May she claim that by 
mere physical presence within her borders an accused 
person is within her jurisdiction denuded of his con- 
stitutional rights, though he has been brought there by 
her violence? And constitutional rights the accused 
[the three workingmen I have alluded to] in this case 
certainly did have, and valuable ones. 

"Justice McKenna voiced my views and the 
views of every law-abiding citizen on this im- 
portant matter touching the rights of the indi- 
vidual. But the supreme court declared other- 
wise and refused to grant the relief ask for by 
these workingmen and guaranteed to them by the 
constitution of the United States and by every 
consideration of fair play and justice. 

TO TEST THE SUPREME COURT. 

"It was during the heat of this struggle be- 
tween the Western Federation of Miners and 
the wealthy Mine Owners' association of the 
west that I conceived the idea of offering a re- 
ward for ex-Governor Taylor, who, as was gen- 
erally known, was a fugitive from justice from 
his home state of Kentucky and in hiding in 



WARREN AND THE APPEAL 135 

Indiana, protected from the service of requisition 
by the governor of Indiana, whose position was 
indorsed by Governor Roosevelt of New York 
and every prominent republican politician and 
newspaper in the United States. 

"Would the supreme court hold to its opinion 
that kidnaping was not a crime if the victim was 
a member of the republican party and a repre- 
sentative of the capitalist class ? I did not be- 
lieve that the $1,000 offer by the Appeal would 
induce any man to undertake the abduction of 
Mr. Taylor, as for seven years the state of Ken- 
tucky had a standing reward of $100,000 for the 
capture of the murderers of Governor Goebel. 
for which crime Taylor had been indicted by the 
Franklin county grand jury in January, 1900. 

SIMILAR TO OTHER REWARDS. 

"But I did expect that the offer of this reward 
in the manner and with the language used would 
attract public attention to the kidnaping decision 
of the supreme court. I felt that if this decision, 
sanctioning the kidnaping of poor and defense- 
less workingmen by rich and powerful capitalists, 
was understood by the American people a wave 
of protest would sweep the country and force 
the supreme court to recede from its position, 
as had been done before, notably in the famous 



136 THE FIGHTING EDITOR, OR 

Dred Scott decision, and will undoubtedly be 
done again. 

"This Taylor reward was circulated through 
the mails in a manner in daily use by banks, 
private detective agencies, anti-horse thief asso- 
ciations, sheriffs and marshals. I have here three 
postal cards mailed by national and state banks 
offering rewards for the arrest of men whom 
these banks allege to have committed crime. The 
card which I offer for the inspection of the 
court, it will be noted, bears upon the back or 
outside of the cord, in large letters, figures and 
characters, the following language : 'B. B. Bond, 
produce dealer, wanted for issuing forged bills 
of lading; $250 reward will be paid by the First 
National bank, Nashville, Tenn., for his arrest 
and delivery to Nashville authorities.' 

FIRST INSTANCE ON RECORD. 

"It will be observed that this language, to 
quote this court's decision on our demurrer to 
the indictment, 'is calculated to impress the read- 
ers of the language with the thought that Bond 
was guilty of the commission of some crime for 
which he would be prosecuted by the Tennessee 
authorities if captured and returned to them.' It 
can further be said, following the court's line of 
reasoning, that his language was obviously in- 



WARREN AND THE APPEAL 137 

tended by the First National bank to reflect in- 
juriously upon the character of B. B. Bond and 
from its terms and the manner and style in which 
it was displayed on the postal card is calculated 
to have that effect. 

"The other cards contain similar language and 
display. This is charcteristic of thousands of 
cards which daily pass through the mails of the 
United States, and yet in not a single instance 
has any effort been made by the government to 
rid the mails of this objectionable matter and pro- 
tect those of its citizens who are fugitives from 
justice. 

"'My arrest and comiction is the first instance 
on record where a man was prosecuted for at- 
tempting to bring to the bar of justice an indicted 
fugitive charged with the crime of murder. 

THE REASON XOT HARD TO FIND. 

"There must be some reason why I alone of 
the thousands of men who, according to the rule 
of this court and the opinion of the district at- 
torney and his assistant, have committed substan- 
tially the same act should be singled out and 
marked for prosecution. 

"The reason is not hard to find. Society to- 
day is divided into two classes. On the one 
side we find the work people men, women and 



138 THE FIGHTING EDITOR, OR 

children who have no means of obtaining a 
livelihood but by their hard labor. On the other 
hand we find a relatively small group of men 
who own the land and the tools which these peo- 
ple must have access to if they are to live. It 
is the primary if not the sole purpose of the 
men who own this productive property to obtain 
as large profits as possible, while on the other 
hand the work people strive constantly to increase 
their wages. This creates a class conflict. 

THE CONFLICT BEGAN WITH CIVILIZATION. 

"This conflict began with civilization and has 
come down under varying forms to this day and 
will continue with increasing intensity so long as 
a small group of rich men are permitted to lay 
upon the masses, to quote from Pope Leo, 'a 
yoke little better than slavery.' Discussing the 
ever-present problem of labor and its compensa- 
tion, John Adams, in 1776, observed: 

"It is of no consequence by what name you call your 
people, whether by that of freemen or slaves. In some 
countries the laboring poor men were called freemen, in 
others slaves, but the difference was imaginary only. 
What matters it whether a landlord employing ten la- 
borers on his farm gives them annually as much as will 
buy the necessaries of life or gives them those necessar- 
ies at first hand? 

"Coming down to the civil war period, we find 
that the Charlestown Baptist Association in pre- 



WARREN AND THE APPEAL 139 

senting a memorial to the Georgia legislature in 
1835 discussing this ever with us problem of 
labor gave expression to the following conclu- 
sion: 

"It amounts in effect to this whether the operatives 
of a country shall be bought and sold and themselves be- 
come property, as in this state, or whether they shall 
become hirelings and their labor only become property, 
as in some other states. 

SLAVERY OF THE WORKING CLASS. 

''It will be seen from these two quotations, 
clearly reflecting the opinion of the revolutionary 
and civil war periods, that the master class recog- 
nized no difference between the chattel slave and 
the wage hireling. In 1865 Karl Marx, the 
founder of scientific Socialism, summed up the 
labor problem in the following striking sentence : 

"In point of fact, however, whether a man works three 
days of the week for himself on his own field and three 
days for nothing on the estate of his lord, or whether he 
works in the factory or -workshop six hours daily for 
himself and six hours daily for his employer, it comes 
to the same thing. 

"This surplus value over and above that which 
is required by the slave, the serf and the wage 
worker to maintain his physical existence is the 
portion which the master, the feudal lord and the 
capitalist have taken by force of arms in the 
first case, by ownership of land in the second 
and by ownership of tools and cunningly devised 
laws and court decisions in the last instance. 



140 TIE FIGHTINC EDITOR, OR 

"The slave master built up a civil and political 
system which protected his right of property in 
the bodies of his slaves and the wealth they pro- 
duced. One does not have to go very far back 
in the history of this country to find confirmation 
of this statement. Prior to 1860 the laws enacted 
by congress and by most of the several states, 
backed by the decisions of federal and state 
courts, had for their object the protection of the 
slave master in his right of ownership of men, 
women and children. The man who dared raise 
his voice in protest against the exploitation of 
the black man was branded as a traitor to his 
country. If he attempted to speak he was thrown 
into jail, and if he attempted to print a news- 
paper voicing his sentiments his press was de- 
stroyed and he was mobbed and murdered. 

"What was true in the two revolutionary pe- 
riods which marked the disappearance of a polit- 
ical system based on kingcraft and a political 
system based on chattel slavery is true today. 

MARKED FOR PERSECUTION. 

"The men and the newspapers that have es- 
poused the cause of men, women and children 
who work in the fields, factories and mines of 
this nation, are marked for persecution, as were 
the revolutionary and abolition editors before 



WARREN AND TUB APPEAL 141 

them. For ten years as editor of the Appeal to 
Reason I have been in constant conflict with 
the ruling class and the men who hope to pick 
up the crumbs which drop from the tables of 
the great captains of industry, on whose will 
employment depends, not alone in the industries, 
but in the government and municipal service. 

POSTOFFICE AND COURTS VERSUS APPEAL. 

"The postoffice department was first employed 
to hamper and harass the Appeal to Reason in 
its work of education and enlightenment. The 
most absurd rules and regulations were specially 
formulated to apply, as Third Assistant Postmas- 
ter General Madden wired to the Girard post- 
master 'to the Appeal to Reason/ In every in- 
stance where our right to the mails was ques- 
tioned the Appeal won a signal victory, because 
we strictly obeyed the spirit and the letter of the 
law. 

"Then the aid of the courts was invoked to ac- 
complish what the postoffice department failed 
to do. The courts today, as prior to 1860, are 
with the owning and ruling class. Daily this 
fact is becoming more apparent. One has only 
to refer to the long list of decisions in which 
the interests of labor and capital are opposed to 
verifv this statement. The blacklist has been 



142 THE FIGHTING EDITOR, OR 

legalized and the boycott outlawed. The injunc- 
tion has been used with telling effect in labor con- 
troversies to terrorize and crush the men who 
work, while it has proved ineffective and of no 
avail when directed against great capitalist in- 
terests, as President Roosevelt pointed out when 
he was engaged in his battle with the great pack- 
ing industries. 

"The people of Missouri in their capacity as 
sovereign voters recently elected a governor and 
legislature on a platform demanding relief from 
railroad extortion. A two-cent fare bill was en- 
acted into law. This law was upheld by the state 
supreme court. The 'railroads went to the fed- 
eral courts, which, with the stroke of a pen, 
nullified the will of 3,000,000 people. So closely 
allied has become the federal judiciary of this 
country to the great corporations that even now 
there is pending in congress a resolution demand- 
ing an investigation of the acts and conduct of the 
federal judges who have prostituted their high 
office to the profit of these corporations, three- 
fourths of which, according to a statement made 
by Governor Hadley, are either illegally organ- 
ized or unlawfully conducted. 

FIGHTING INDUSTRIAL DESPOTISM. 

"For years the Appeal to Reason has been 



WARREN AND THE APPEAL 143 

waging almost single-handed a fight against the 
oppressive and intolerable industrial and political 
conditions which confront this country. We 
frankly admit having been unsparing in our criti- 
cism of the acts of public officials and the courts 
of this land. We have dared to tell the truth, 
and it is because of this that I face this court 
today a convicted felon in the eyes of thousands 
of men and women whose respect I covet. 

"Whence came this prosecution? The Kansas 
City Journal in Xovember, 1907, editorially stated 
that the department of justice at the instance of 
the president of the United States had been in- 
structed to commence proceedings against a So- 
cialist sheet at Girard, Kan. I do not know the 
Journal's source of information, but am inclined 
to believe from facts now in my possession that 
this prosecution of the Appeal to Reason has 
been directed from the attorney general's office 
in Washington. 

"When the Pierson envelope, on which this 
action is based, was sent to the postoffice inspector 
of this district from Los Angeles, that gentle- 
man turned it over to the district attorney. The 
district attorney returned the envelope to the post- 
office inspector with the opinion that there was 
no ground for action. The inspector in making 
report to the department at Washington marked 



144 THE FIGHTING EDITOR, OR 

the case 'Closed.' Tie later explained to me thac 
this meant that so far as the district of Kansas 
was concerned no further action would be taken. 
But soon thereafter word was received from 
Washington, so the assistant district attorney an- 
nounced in the presence of this court, that there 
had been a violation of the law and that the case 
must be reopened and vigorously prosecuted. 

"WE ARE AFTER THE APPEAL." 

"The district attorney's office at Topeka, how- 
ever, revised its decision after hearing fror 
Washington that there was no ground for actior 
against me. One of my attorneys journeyed tc 
Washington and laid before the department thou- 
sands of reward cards similar to the Taylor re- 
ward which had been mailed from nearly ever 
city in the union. When my attorney inquirec 
why the Appeal was singled out for prosecutior 
on this flimsy charge, while all the senders oi 
these other cards, who were equally culpable, were 
not molested, the representative of the govern- 
metn opened a drawer in his desk and produced 
an armload of marked copies of the Appeal. 

"Blue pencil marks designating certain articles 
in the Appeal indicated that this paper is pretty 
closely read by high government officials. The 
government official shrugged his shoulders in re- 



WARREN* AND THE APPEAL 145 

ply to Darrow's question and remarked. 'We are 
after the Appeal.' 

'This case has dragged its weary way through 
thi< court for over two years, continued from 
time to time at the instance of the government. 
I submit from these facts that I am not prose- 
cuted for having violated any federal law, but 
purely because of my political opinons and my 
work in behalf of the working class of this nation. 

"This prosecution is not unexpected to us. As 
plainly stated by the government official to whom 
our attorney talked while in Washington, it is 
evident that secret service agents of the govern- 
ment have been camping on the trail of the Ap- 
peal, for, lo, these many years. 

"Is it not pretty conclusive evidence that 
we have observed religiously the laws and regu- 
lations governing the conduct of a newspaper 
when after ten years of effort the government is 
able to find only this lone and paltry alleged 
violation ? 

"Personally I feel proud of this record. I feel 
no sense of guilt, nor will the world approve this 
conviction when the truth prevails and the facts 
are known. 

SUBMITTED COPY TO POSTMASTER. 

"The government's witnesess testified here on 



146 THE FIGHTING EDITOR, OR 

the stand that I submitted to them copy of the 
matter I expected to mail and asked whether in 
the postmaster's judgment it constituted a vio- 
lation of the federal law. That official, after 
looking the matter up, said it did not, and I 
want to say here that during the ten years of 
my connection with the Appeal to Reason I have 
had frequent occasion to consult with the post- 
master at Girard on matters relating to the postal 
laws, and in no instance was his judgment ever 
at fault. He assured me that in his judgment 
the matter I proposed mailing was identical in 
character with the thousands of postal cards 
mailed at his office by the sheriff, the marshal and 
the officers of the Anti-Horse Thief Association. 
"In submitting to this court these postal cards 
mailed by bankers, it is not my intention that 
the government should proceed against these men 
on the evidence furnished by me. I know these 
gentlemen are immune from prosecution because 
they represent the dominant class in society to- 
day. The rewards which they offer are for men 
who have committed crimes against property, and 
in the prevailing social system the property of the 
rich is of vastly more consequence than the life 
and liberty of the poor. 

IS CRITICISM A CRIME? 

"On the other hand, the editor who has es- 



WARREN AND THE APPEAL 147 

poused the cause of the wage slave today has in 
the eyes of the ruling class committed a crime 
against existing institutions for daring to offer a 
reward for the apprehension of an influential 
member of the dominant political party. 

"I have also dared to criticise a decision of the 
highest judicial tribunal in the United States. 
Judge West, the assistant district attorney who 
assisted in my prosecution, in his argument a 
year ago last November, after presenting his rea- 
sons why the demurrer in this action should be 
overruled, closed his argument in a burst of pas- 
sion with the statement that 'as a matter of fact 
this literature was sent out for the purpose of 
bringing into contempt and discredit the supreme 
court of the United States.' Is criticism a crime ? 
And is it for this I am being prosecuted? 

OUR COLONIST FOREFATHERS. 

"Smarting under the vicious attempt of the 
English king to prevent the circulation of revo- 
lutionary newspapers during the period preced- 
ing the signing of the Declaration of Independ- 
ence, the first amendment to the new constitution 
was made to provide for a free press and free 
speech, always and everywhere rcognized as the 
sustaining pillars of free institutions. 

"Our colonist forefathers, imbued with the 



148 THE FIGHTING EDITOR, OR 

high ideals embodied in their immortal declara- 
tion, shouldered their guns and shot to death 
the divine right of kings, and then the cunning 
enemies of democracy raised in its stead the 
supreme court, with its many federal arms reach- 
ing out into all the states of the union. 

"The supreme court has become in fact the 
reigning monarch of the American people. No 
measure of relief demanded by the voters of this 
nation enacted into law by their elected repre- 
sentatives and signed by the president may be- 
come operative without its judicial sanction. At 
the command of the lords of privilege any ob- 
noxious law is promptly declared unconstitu- 
tional. 

"The supreme court of the United States has 
today more real power over the people than is 
vested in any monarch of the old world. 

"The late Senator Hanna boasted that the 
courts are maintained to buttress property rights. 
Ex-President Roosevelt denounced a federal 
fudge for his interpretation of the law in the 
government's prosecution of the beef trust. 

"President Taft in his Hot Springs (Va.) 
speech expressed a decided opinion upon the 
same question in referring to the inability of the 
poor to cope in the courts with men of wealth. 
With expressions like these from men of promi- 



WARREN AND THE APPEAL 149 

nence, do you wonder that there is a growing 
distrust on the part of the poor people of this 
nation that the courts are against them? 

THE COURTS RULED BY PROPERTY. 

"In the western district of Xew York of thirty 
cases decided in favor of injured employes twen- 
ty-eight were reversed in favor of the master 
class by the higher courts. United States Dis- 
trict 'Attorney Sims of Chicago was waging a 
vigorous fight against the white slave drivers, and 
when victory was almost within his grasp, his 
hand was paralyzed by a decision of the supreme 
court, which virtually put an end to the prose- 
cution of that unspeakable infamy. There are 
property interests involved in the wholesale de- 
bauchery of young girls, and these property in- 
terests must be safeguarded at whatever cost. 
As for the girls, they are the daughters of the 
working class and in point of value are not to 
be compared to property. 

"Our modern system of jurisprudence is a sur- 
vival of the medieval times, n'hen judges presided 
by right of ownership of lands and castles, and 
it will require another political revolution similar 
to that of i//6 and that of 1860 to abolish this 
bulwark of special privilege and capitalist e.v 
ptoitation. 



150 THE FIGHTING EDITOR, OR 

CONVICTED BY JURY OF REPUBLICANS. 

"I was convicted by a jury composed of parti- 
san republicans. It was shown by competent evi- 
dence introduced in this court today that two of 
the jurors had expressed hostile and prejudicial 
sentiments against me. Affidavits herewith filed 
show that one of the jurors, Mr. Nelson, became 
deathly sick in the jury room, and he affirms that 
it was because of this sickness and his fear of 
death unless medical attention could be secured 
that he was forced into voting for a conviction. 
Again it is shown by competent evidence, intro- 
duced at this hearing, that the principal witness 
for the government, ex-Governor Taylor, made 
statements which were untrue. He stated that 
at the time the reward which I offered was cir- 
culated through the mails he was not a fugitive 
from justice nor was there any charge pending 
against him of a criminal nature in Kentucky. 
Affidavits, state records and letters signed by 
Taylor himself, all on file in this court, show that 
Taylor had been indicted and that for seven years 
prior to the offer of our reward he had been a 
fugitive from justice with a price on his head. 
It is the common practice in all courts that where 
the defendant can show that a juror in qualify- 
ing perjures himself a new trial is granted. Per- 
jured testimony on the part of the prosecuting 



WARREN AND THE APPEAL 151 

witness is also ground for a new trial in ordinary 
cases. Of course, I understand that this is not 
an ordinary case. The whole history of these 
proceedings shows conclusively that it is not an 
attempt to secure the ends of justice, but an 
effort to punish me because of my political views. 

NO MERCY OR LENIENCY ASKED. 

"In conclusion, permit me to say that I am 
not asking the mercy or leniency of this court. I 
have committed no crime, and there is festering 
in my conscience no accusation of guilt, but if 
my conviction and punishment will serve to rivet 
public attention upon the abuses which I have 
tried to point out. then I shall feel that I have not 
suffered this humiliation in vain. 

"After all, this is the price of human progress. 
\Yhy should I expect immunity? The courts 
have ever been and are today the bulwarks of 
the ruling class. Why should they not punish 
offenders against that class ? 

"In feudal slavery the courts sustained tfie 
feudal lords, in chattel slavery they protected the 
slave owners, and in wage slavery they defend 
the industrial masters. 

"\Yhosoever protests for the sake of justice or 
in the name of the future is an enemy of so- 
ciety and is persecuted or put to death. 



152 THE FIGHTING EDITOR, OR 

"In one of the most eloquent characterizations 
of history Charles Sumner, tracing the march of 
the centuries, pointed out that the most infamous 
crimes against the liberty and progress of the 
human race had been sanctioned by the so-called 
courts of justice. 

TRUTH WILL TRIUMPH IN THE END. 

"This case is a mere incident in the mighty 
struggle of the masses for emancipation. Slowly, 
painfully, proceeds the struggle of man against 
the power of Mammon. The past is written in 
tears and blood. The future is dim and un- 
known, but the final outcome of this world-wide 
struggle is not in doubt. Freedom will conquer 
slavery, truth will prevail over error, justice will 
triumph over injustice, the light will vanquish 
the darkness, and humanity, disenthralled, will 
rise resplendent in the glory of universal brother- 
hood." 



WARREN AND THE APPEAL 153 

PERSONAL AND PRESS COMMENTS 
ON THE FT. SCOTT CASE. 



SAID BY EUGENE V. DEBS IN A SPEECH AT RICH HILL, MO., 

MR. WARREN'S OLD HOME, ON THE NIGHT OF 

NOVEMBER 1 8, IQOO. 



Friends, Comrades and Fellow Workers: 

In every age there have been a few men and women 
in advance of their time. They had new ideas and new 
ideals that were not understood by the masses and as 
a consequence these men and women were looked upon 
as foolish and visionary, if not vicious and dangerous, 
and they were accordingly misrepresented, persecuted 
and sometimes put to death. 

These have been the pathfinders in the wilderness ; the 
pioneers of progress ; the evangels of civilization ; the 
heralds of the dawn. Their names are immortal and 
their achievements glorify the history of mankind. 

All great movements are organized by the few and in 
thnir inception are unpopular, their principles are mis- 
represented and their leaders compelled to pay the 
penalties which have always attached to those who have 
paved the way to better conditions for the human race. 

One of these leaders, one of the great figures in the 
struggle of our time is Fred D. Warren, the editor of 
the Appeal to Reason, and I take great pleasure, here 
in the presence of his former townsmen and neighbors, 
in paying to him the well deserved tribute of my respect 
and love. 

It is possible that many of you who think you know 
this man know him least of all. You respect him because 
of his spotless personal character, but you regret that 
he should have been guilty of an act that would bring 
upon him the sentence of a court of law which in the 
popular mind is visited only upon those guilty of crime. 

Need I remind you that some of the wisest, justest 
and most humane of men have been sentenced to prison, 
have died upon the gallows and perished at the stake? 
Socrates, the ancient philosopher who sought to teach 






154 THE FIGHTING EDITOR, OR 

the people the truth, was adjudged guilty, occupied a 
prison cell and was finally compelled, by decree of a 
council of state, to destroy himself. Bruno was burnt 
at the stake, Gallileo languished in a dungeon. John 
Huss, Ridley, Latimer and a host of others met with 
the same fate. 

Looking backward we find that monuments have been 
erected to these heroes all along the track of progress; 
we find that the names of these so-called criminals are 
immortal and that their memories are honored and re- 
vered throughout the world. 

What was regarded as crime while they lived has 
now become their glory, while those who condemned 
them, if they are not uttefly forgotten, are now execrated 
as the real criminals. 

The world's progress has been achieved through a 
series of mighty struggles and in all these struggles 
the leaders met with the same common fate. The war 
of the American revolution is now regarded as a glori- 
ous event, but the heroic few whose agitation led to it 
were all denounced and condemned by the tories and 
their press who ruled the colonies a century and a half 
ago. Jefferson was branded as a rebel, Sam Adams as 
an incendiary, Thomas Paine as a firebrand and Patrick 
Henry as a traitor to his country. Those who were 
nearest to these great souls knew them least and so to- 
day those of you who have been nearest to Fred D. 
Warren are the last to recognize the man. 

You are teaching your children to honor the mem- 
ories of the revolutionary criminals of a century and a 
half ago, while all the conservative and respectable 
people who then condemned them sleep in forgotten 
graves. 

History repeated itself in the struggle to abolish chat- 
tel slavery, the infamous institution that for more than 
two centuries cursed the American soil. 

During all this time chattel slavery was regarded by 
most people as an eminently respectable institution, just 
as wage slavery is today. Chattel slavery ruled in 
congress and in the white house ; and the supreme court, 
which has always been and is today on the side of power, 
declared in solemn terms, at the behest of the slave 



WARREN AND THE APPEAL 155 



owners, that the cowering slaves were property and that 
they had no rights as human beings that their masters 
were bound to respect. This decision of the supreme 
court was hailed throughout the nation as wise and just 
and the judge who wrote it was honored as the greatest 
jurist of his age. Today this same decision is regarded 
as a crime against humanity and the judge whose name 
is associated with it is remembered only with exe- 
cration. 

One of the first bold and fearless agitators against 
chattel slavery was Elijah Love joy. In New England 
re he lived he was hated for denouncing this so- 
:alled sacred institution, just as Fred Warren is hated 
today for his opposition to the so-called sacred insti- 
tution of wage slavery. Lovejoy was one of those heroic 
souls who have a mission and who have the moral 
heroism to be true to themselves and their convictions 
even unto death. Looking upon property in human 
beings as a monstrous crime, he spoke out against it 
with all the passion of his outraged being. 

As a young man Lovejoy went to St. Louis, where 
he might more effectively attack the evil against which 
his whole soul was in revolt. He was driven from there 
by the respectable upholders of slavery as if he had been 
bent upon the commission of crime instead of abolishing 
crime. He went to Alton, 111., and there began the pub- 
lication of a paper called the "The Observer," in which 
ic vigorously attacked slavery. Again the supporters 
if the slave traffic called to warn him. His answer 
aught to be remembered by us all, especially by those 
who are today denouncing Fred D. Warren because he 
has the spirit of Lovejoy in the face of the angry threats 
the supporters of wage slavery. Lovejoy said: "I 
have sworn eternal opposition to slavery and by the help 
of God I'll not turn back." 

Fred Warren has said : "I have made up my mind that 
wage slavery is the greatest crime of this age and that 
the crying evils which surround us all flow from that 
crime, and regardless of consequences to myself I am 
going to use every particle of my energy and every 
atom of my power to destroy that institution and eman- 
cipate the human race." 



156 THE FIGHTING EDITOR, OR 



Soon after Lovejoy gave his respectable slavery-sup- 
porting neighbors to understand that threats and warn 
ings could not silence him, his printing office was at- 
tacked by a mob and he was murdered in cold blood. 
"Law and order" prevailed and Lovejoy went down to 
his grave. But his principles did not go down with him. 

William Lloyd Garrison bravely espoused the same 
great cause and came perilously near sharing th'e fate 
of Lovejoy. But Garrison remained undaunted and the 
agitation against slavery became bolder and more wide- 
spread. Next the eloquent voice of Wendell Phillips 
was heard and the abolition movement became a recog- 
nized force in the land. Others espoused the cause and 
the great struggle began in deadly earnest. John Brown 
now appeared upon the scene and struck the blow that 
forced the issue in that historic struggle for the emanci- 
pation of a race. 

All the leaders in this warfare against enthroned 
crime were of heroic fibre, or like others they would 
have supported the existing order and remained silent. 
How the world has changed since that time ! The brave 
and honest few who were then treated as criminals are 
now heroes and martyrs while the ruling class and its 
vassals of their day are either forgotten or remembered 
only with contempt. 

Where Lovejoy sleeps a magnificent monument has 
been erected by the grandchildren of the very men who 
so cruelly put him to death. Garrison, Phillips, John 
Brown and others who fought the good fight all have 
their places in history. 

Chattel slavery has disappeared, but freedom has not 
yet been achieved. The working class is still in slavery. 

In the evolution of the present industrial system the 
capitalists have come to rule far more powerfully and 
far more corruptly and heartlessly than the slave own- 
ers ruled half a century ago. The capitalists own all 
the sources of wealth and all the machinery of produc- 
tion ; they control all our legislatures and all our courts. 
From the spoils wrung from the working class, upon 
whose exploitation our present social institutions are 
based, these capitalists maintain corrupting lobbies at 
all the seats of power. 



WARREN AND THE APPEAL 1.37 



In this system the capitalists are the economic masters 
and, therefore, the political rulers, while the working 
class which produces all the wealth is in a state of ser- 
vile subjection. 

The supreme court at Washington, consisting of cor- 
poration attorneys, is the court of the capitalist class and 
its decisions are uniformly in the interest of that class. 
The same is true of all other federal courts. 

Federal judges are not elected by the people, but ap- 
pointed by a president nominated and elected through 
the influence and power of the ruling class, and these 
judges are accordingly the salaried servants of that 
class. This whole system, based upon the exploitation 
of the working class, is venal and corrupt. Graft abounds 
everywhere. The politician is under suspicion, even 
though he be personally honest, for the people instinc- 
tively understand that Capitalism pollutes everything 
it touches. 

To speak out against this system, to expose its crimes, 
is treason today as it was treason half a century ago 
to oppose the rule of the slave power, and treason a 
century and a half ago to oppose the rule of King 
George. 

This is the crime of which Fred D. Warren has been 
found guilty, the crime for which he has been sentenced 
by a packed jury, presided over by a judge who is no- 
toriously the tool of corporate power ; the crime for 
which he is to pay a fine of fifteen hundred dollars and 
serve a sentence of six months in jail. 

This crime is Warren's glory. 

Every honest man, whether he agrees with him or 
not, will at least honor him for having the courage of 
his convictions and battling unflinchingly for his prin- 
ciples. 

Had Warren been sordid, selfish and grasping ; had 
he been one of those so numerous whose highest mo- 
tive it is to look out for themselves regardless of the 
sufferings of their fellow men ; had he been one of those 
who traffic in their talents for seats of power and re- 
spectability, he would not now be under a j ail sentence 
and looked upon as a criminal. No, he would be the 
managing editor of some great capitalist paper in New 



158 THE FIGHTING EDITOR, OR 



York City, one of the eminent figures in the world of 
capitalist journalism, with an enormous salary and a 
supreme respectability. 

But for the very reason that he is a man of character, 
of convictions, of courage and lofty ideals ; for the 
very reason that he has unselfishly consecrated himself 
to the oppressed and suffering, a venal judge, a judicial 
vassal, has pronounced him guilty of crime and he must 
now expiate that crime in a prison cell. 

But let me say here tonight that when Fred Warren 
goes to jail it will not be with his head bowed in hu- 
miliation and shame. No, he will walk into his grated 
cell with his head erect and his soul free. He knows, if 
no one else knows, that his only crime is having ex- 
posed crime; he knows that he is fighting the battles 
of the down-trodden in the greatest war in the history 
of humanity; he knows that he is absolutely right before 
God and man, and, therefore is he serene and faces 
his fate unafraid. 

The people may not now understand why Warren goes 
to jail, but the time will come when his cell will be a 
shrine and when his heroic and self-sacrificing struggle 
will be understood and his name honored throughout the 
world. 

You who are here tonight may be by prejudice blind- 
ed against the cause in which Fred Warren has such 
an eminent part, but your children and your children's 
children will understand and will erect monuments to 
his memory and weave chaplets of flowers where he 
sleeps. 

The capitalist power hates Fred D. Warren only be- 
cause it fears him. It knows that he is incorruptible, 
that he has great capacity for leadership, that he is 
building up a powerful press and that he is a menace 
to its heartless and corrupt misrule. 

Ever since Warren espoused the cause of Moyer, 
Haywood and Pettibone; ever since he threw the 
flashlight of the Appeal to Reason upon that hideous 
kidnaping conspiracy and exposed the capitalist male- 
factors and rescued their intended victims from the 
gallows; ever since then he has been a marked man. 
Spies and informers and dectectives have been employed 



WARREN AND THE APPEAL 159 



to entrap him and to ruin and destroy the Appeal to 
Reason. 

The charge upon which he was indicted is the merest 
fraud and false pretense. If he was guilty of misusing 
the mails hundreds of thousands of others are equally 
guilty. But only \Yarren was indicted and only Warren 
sentenced and this not because he was a criminal, but 
because he was exposing criminals. 

Thousands of people all over this country have their 
eyes open to this fact and already the tide of reaction 
is setting in against the judicial infamy which con- 
signs this brave man to jail while the judge who 
prostituted his high office to send him there continues 
to occupy the seat of prestige and power. 

Be not deceived as to the reason for sending Warren 
to jail. It is true that he is a dangerous man, but 
dangerous only to corrupt capitalist misrule and to the 
vampires who suck the life-blood of the people. Such a 
man is always a dangerous man, but if the ruling class 
were wise and clear of vision instead of stupid and 
blind, it would never put such a man in jail. 

When Fred Warren goes to jail he will develop his 
true proportions; all his latent powers will be brought 
into olay and when he emerges he may thank the capi- 
talist class and its vassal judge for having fitted him for 
his greater life work, for having gjven him the ears and 
hearts of his countrymen and lor having conferred 
upon him, as if by Divine decree, the moral power to 
strike wage slavery its deadliest blow and make his 
name immortal. 



160 THE FIGHTING EDITOR, OR 

CLIMAX OF LONG SERIES OF 
PERSECUTIONS. 



BY UPTON SINCLAIR. 



At the hour I write this, Fred D. Warren is on trial 
before a federal court in Kansas, charged by the author- 
ities with circulating matter objectionable to the gov- 
ernment, and liable to a $5,000 fine, and to imprisonment 
for five years. 

This is no accident, and incidental freak of some 
overzealous prosecuting official. It marks the climax 
of a long series of persecutions, carried on by the post- 
office department for the express purpose of crippling, 
and ultimately exterminating, the most powerful and 
dreaded organ of the American Socialist movement. 

The course of the government constitutes a challenge, 
not merely to every Socialist, but to every . lover of 
freedom in the United States ; to every man who re- 
spects his country's traditions, and has at heart his coun- 
try's welfare. It is a challenge which should be instantly 
taken up, in a fashion to leave in the minds of the au- 
thorities no doubt as to the temper of the people. 

I write this appeal primarily to Socialists ; to the 
readers of the Appeal to Reason who have made it what 
it is, and have stood by it in its previous fights ; to the 
men and women who know what the Appeal stands for, 
and will understand my alarm for its safety. 

The course of the government in this matter is an 
outrage for which there can be no excuse. 

I have known Fred Warren intimately for years. I 
know him as a man of high character and unselfish zeal, 
devoted to the cause of human welfare. 

I have been a reader of the paper which he has so 
ably edited, and for which he has labored so devotedly. 
To the Appeal to Reason and to Wilshire's Magazine, 
between them, I owe the fact that I am a Socialist 
that I have been brought into full sympathy with, and 
understanding of, the new religion of humanity. It was 



WARREN AND THE APPEAL 161 



by the facts and arguments which were put before me 
by these two papers that I was brought to realize the 
fact that the working class constitutes the only force to 
which lovers of freedom can look for the regeneration 
of modern society. 

And that which is true of myself is true of hundreds 
of thousands of other Americans. As I hold my 
knowledge of Socialism to be my most priceless intel- 
lectual possession at this hour, I believe I owe a debt 
of gratitude and loyalty to the paper which gave it to 
me. I call upon every American Socialist who shares 
this obligation to stand up and put himself by the side of 
the Appeal in this hour of peril. 

I have not always agreed with the Appeal in its 
courses. I believe that in its denunciation of public men 
it has sometimes done injustice, and I have written to 
Warren and told him so upon occasions. But nothing 
that the Appeal has ever said about any public man has 
justified the course which the postoffice department has 
taken. The Appeal has been persecuted because it is the 
deadly enemy of class government, and because the 
partisans of class government know that if it continues 
much longer to pour out its broadsides of exposure, the 
people will rise and turn them out of the control of this 
republic. 

I wish that every American Socialist could have been 
at my home last summer, and heard from Warren's 
own lips the story of the persecution of the Appeal to 
Reason by the postoffice department ; of the petty 
quibbles which they had made, the technicalities which 
they had raised, the contemptible tricks to which they 
had resorted, in their attempts to handicap the paper and 
its work Rule after rule, which had been moldering 
forgotten in the dusty archives of officialism, has been 
resurrected and applied to the Appeal and to no other 
paper except the Appeal. At the time I saw Warren 
he had collected between 20,000 and 30,000 statements 
from postmasters that papers were uncalled for at their 
offices; and he was on his way to Washington with a 
small trunkful of letters and affidavits from these same 
subscribers, who had paid their money for their papers 
and were unable to get them at the postoffice at the 



162 THE FIGHTING EDITOR, OR 



very time that the postmasters were notifying the Ap- 
peal that the papers could not be delivered ! 

I believe there is no more dangerous power in the 
hands of our capitalist government than this power of 
the postoffice officials to suppress publications upon one 
pretext or another, and to deny them the right to the 
mails. The courts have ruled it an "administrative 
matter," thus leaving the injured party entirely without 
remedy and placing a man who may have spent a 
lifetime in building up a publication to promulgate a 
new idea at the mercy of the sudden whim of some petty 
and ignorant political spoilsholder. 

Having failed in all their previous attempts to injure 
the Appeal, the baffled authorities have now resorted to 
the arrest and prosecution of Warren ; and to do this 
they have dug up some more forgotten statutes, and in- 
vented a new outfit of quibbles and technicalities. While 
Warren was struggling to save the lives of Moyer, Hay- 
wood and Pettibone, he printed some remarks about the 
government which the postoffice officials consider "scur- 
rilous and defamatory," and it appears that it is against 
the law to circulate such statements "upon a cover of 
publication." The front page of the Appeal to Reason 
is taken to be a "cover," despite the fact, which every 
one of you knows, that the Appeal comes folded up 
six or eight times, and into so small a bundle that one 
cannot read a single line without unwrapping it ! 

What is it that constitutes "scurrility" and "defama- 
tion," regarding a man in public life in this republic? 
And who is given authority to pass upon such a grave 
matter? This is the first time in our country's history, 
so far as I know, that any official censor has presumed 
to set bounds upon the utterance of political passion, 
save only through the long-established and safe method 
of a personal suit for libel. 

It appears that our present executive authorities are 
troubled by the extreme criticism to which they are 
subjected by the Appeal to Reason. Let them read the 
columns of their own party press, which is immune 
from persecution no matter how severe may be the 
language in criticising an opponent. 

The New York Tribune is an eminently respectable 



WARREN AND THE APPEAL 163 



and conservative organ of the administration; its edi- 
tor and owner, Whitelaw Reid, is now minister to Great 
Britain, as a reward for the services of his paper for 
half a century of support of the republican party. And 
now read these words, which are taken from an editorial 
published in the Tribune the day after Bryan's defeat as 
the democratic candidate for president in 1896: 

"The thing was conceived in iniquity and was brought 
forth in sin. It had its origin in a malicious conspiracy 
against the honor and integrity of the nation. It gained 
such monstrous growth as it enjoyed from an assiduous 
culture of the basest passions of the least worthy mem- 
bers of the community. It has been defeated and de- 
stroyed because right is right and God is God. Its 
nominal head was worthy of the cause. Nominal, be- 
cause the wretched, rattle-pated boy, posing in vapid 
vanity and mouthing resounding rottenness, was not the 
real leader of that league of hell. He was only a puppet 
in the blood-imbued hands of Altgeld, the anarchist, 
and Debs, the revolutionist, and other desperadoes of 
that stripe. But he was a willing puppet, Bryan was 
willing and eager. Xot one of his masters was more 
apt than he at lies and forgeries and blasphemies and all 
the nameless iniquities of that campaign against the 
ten commandments. He goes down with the cause, and 
must abide with it in the history of infamy. He had 
less provocation than Benedict Arnold, less intellectual 
force than Aaron Burr, less manliness and courage than 
Jefferson Davis. He was the rival of them all in delib- 
erate wickedness and treason to the republic. His 
name belongs with theirs, neither the most brilliant nor 
the most hateful in the list. Good riddance to it all. 
to conspiracy and conspirators, and to the foul menace 
of repudiation and anarchy against the honor and life 
of the republic." 

And now, why is it that the publisher of such "scur- 
rilous and defamatory" statements as these, about an 
eminently respectable and conservative American like 
Mr. Bryan, is rewarded by the government with an am- 
bassadorship, while Warren is rewarded with arrest, 
and the threat of five years' imprisonment? 

Can any American Socialist doubt that it is because 



164 THE FIGHTING EDITOR, OR 



of the tremendous force of social indignation which he 
has been the means of awakening in America? 

What has Warren done for American Socialism? 

One thing I state at the outset, because I know about 
it beyond possibility of contradiction : Warren was 
the cause of the writing of "The Jungle." It was War- 
ren who suggested to me the theme. It was Warren 
who put up the money to make possible the writing of 
the book. It was Warren who first published it, and 
took all the risk of libel suits and prosecutions. It was 
Warren who, at every step, stood by me in my long 
struggle to force investigation and exposure of the 
iniquities of the Chicago packers. 

But whatever service Warren may have done to the 
cause of American Socialism at that time is as nothing 
compared with what he did in a far more important 
matter that of the Moyer-Haywood case. 

I was watching the American papers closely at that 
time. I know that it was the Socialist papers of the 
country which saved the lives of Moyer and Haywood ; 
and I know that it was the Appeal to Reason which 
first leaped to the front among the Socialist papers, and 
hailed the kidnaping of those two American workingmen 
as a challenge to the American Socialist movement. I 
most solemnly believe that Moyer and Haywood owe 
the fact that they are alive today to the prompt and 
devoted action of Warren and the Appeal. 

All through that long two years' battle, the Appeal 
stood in the forefront of the working class army, and at 
the close of the struggle the paper was everywhere rec- 
ognized as the champion of the working class ; and it 
is that recognition which is the cause of the present 
prosecution. And what have the organized workmen of 
America, who rallied to the defense of Moyer and 
Haywood, to say to this attack upon their chief de- 
fender? 

I assert, never in the history of the class struggle in 
America was the influence of an organ like the Appeal 
to Reason, and of an alert and aggressive force like 
Warren, more needed than it is at this present hour. 



WARREN AND THE APPEAL 165 



For the first time, pur horde of sham reformers have 
come face to face with the impossibility of tampering 
with the crumbling structure of capitalist business. A 
little Wall street panic has been sufficient to frighten 
the convictions out of even- public man in America. 
Our country is left literally without a voice to defend 
the cause of the people's rights. 

Mr. Bryan has dropped his government ownership 
program, and this former agitator and champion of the 
people is now completely converted into a safe and con- 
servative business man's candidate. 

Mr. Hearst has forgotten his rage against the preda- 
tory corporations, and in his Jamestown speech has an- 
nounced himself as a defender of the rights of capital. 

President Roosevelt has been so frightened that, for 
the first time since he has been in office, he has made no 
speech for a fortnight; and meantime his secretary of 
the treasury is ladeling out the funds of the American 
people, to be used without interest by Pierpont Morgan, 
the most dangerous and unscrupulous of all America's 
buccaneers of finance, in protecting the safety of him- 
self and his associates. 

And this is the moment which the authorities have 
chosen to break the power of the Appeal to Reason; 
to cripple it by fines, and to throw its editor into jail ! 

Let the Socialists of America make no mistake ; this 
is but the beginning of a long campaign. If the govern- 
ment can succeed in this case, and if they find that the 
people are submissive, they will not stop until they have 
ruined and entirelv suppressed the Appeal. 

And when they have finished the Appeal, they will 
begin with Socialist papers of smaller circulation. They 
have shown all this in their war upon the advocates 
of freedom in another department of thought. 

They put old Moses Harmon into jail for a year for 
publishing "obscenity" in the course of his efforts to 
awaken the public to the importance of knowledge and 
conscience in the breeding of human beings. Bernard 
Shaw raised his voice from England in protest, but 
America oaid no heed ; and now the authorities have 
secured a two years' sentence of imprisonment for 



166 THE FIGHTING EDITOR, OR 



Bernarr McFadden, a vegetarian and health-culturist, 
who could no more write obscenity than I could. 

There is now being waged by the Manufacturers' as- 
sociation, from their headquarters in Washington, a 
campaign of corruption and defamation against the 
organized workingmen of the country. A fund of a 
million and a half dollars has been raised, and it is 
being used in subsidizing magazines and writers, and in 
such suits as that against the American Federation of 
Labor to prohibit its publication of an "unfair list." 
And let the labor unions of the country make no mis- 
take. If the Manufacturers' association once finds that 
the government has been able to suppress Socialist pub- 
lications, they will not be long in stirring up the bureau- 
crats in Washington to find "scurrilous and defamatory" 
matter in trade union publications. 

Eternal vigilance is the price of safety. And at this 
moment the working class of America owe it to them- 
selves, as well as to their devoted champion, Fred War- 
ren, to leap upon the instant to the prevention of this 
outrage. 

As a result of the course of Wall street speculator? 
and bank wreckers, the working class of America now 
faces a winter of privation and suffering. In such a 
time of trial, thev will need the pen of a man like War- 
ren, and they will live to regret it if they let him be 
flung into jail! 

What can you do about it? 

You can do what the Appeal has taught you to do in 
many a previous struggle. You can appeal to public 
sentiment. You can agitate and stir up opinion against 
this outrage. 

First of all, you can get readers for the Appeal itself; 
the reply of the Appeal to the government's challenge 
should be a deluge of subscriptions. Every new reader 
is a new center of agitation, a new sword of defense 
of a persecuted comrade. 

In the next place, you can write letters to your con- 
gressmen and to your state legislators. You can lay the 
facts of the case before the editor of your local news- 
paper. You can write letters to newspapers. 

You can point out the truth to clergymen and others 



WARREN AND THE APPEAL 167 



who have the public ear. You can bring the matter up 
in your local, and call public meetings, in which the 
outrage may be denounced. You can also call the mat- 
ter up at the meeting of your union, and pass resolutions 
of protest. 

If Fred Warren goes to jail, there should be a con- 
ference and a defense organization similar to that in the 
case of Moyer and Haywood. There should be a series 
of public meetings in every city and town, and parades 
of protest larger than ever. 

If the American working class intends to protect it- 
self against censorship by the postoffice department, now 
is the hour for it to strike. 



168 THE FIGHTING EDITOR, OR 

A FEW PERSONAL COMMENTS BY 
LETTER. 



OFFERS CONGRATULATIONS. 

Congratulations on the great "conviction." Nothing 
could be better for you and the cause. GAYLORD WIL- 
SHIRE, New York City. 

IT WILL HELP. 

Be of good cheer ; this apparent defeat will only help 
to hasten the ultimate victory. When I was in Girard 
a few weeks ago I took ten dollars' worth of subscrip- 
tion cards away with me. They are not all disposed 
of yet, but this decision against yourself and the Appeal 
will help to hasten the disposition of them, and when 
they are gone I will send for more. HERMAN MEYLING, 
401 4th avenue, New York, N. Y. 

BELIEVES IN FINAL VICTORY. 

DEAR FRED The Little Indian of the Daily Socialist 
seemed to catch the right idea "Judge not lest ye be 
jugged." Well, I have thought quite a bit on the de- 
cision of the jury and can find no reason to be sorry, 
for I believe in the final victory, and you are now placed 
in a position that will give you opportunity to fight 
the greatest battle of your life for the good cause. The 
rank and file are with you and I feel that your case will 
bring organized labor closer to us, maybe not the leaders, 
but the members. We are with you always for So- 
cialism. J. E. SNYDER. 

As a Socialist I thank you, Warren, for your strong 
and aggressive fight 'against the administration and 
judicial tyranny of the federal government and only 
wish that I had your strength and could be by your 
side in the battle in jail or out. But with Debs, Way- 
land and the rest, you will have no chance to feel lone- 
some nor will the enemy have any chance to get lazy. 
Free press and free speech will be maintained in the 
United States, Tafts, Peabodys and Pollocks, and Roose- 
velts regardless. BEN HANFORD, Brooklyn, N. Y. 



WARREN AND THE APPEAL 169 

Have just heard of your sentence and hasten to con- 
gratulate you upon the honorable distinction of being 
the first man to be sentenced to prison by the federal 
powers for the offense of Socialism. You are not a 
martyr but a fortunate individual. You are in goodly 
company with Hampden and Hale and the other heroes 
of history who have unfalteringly sacrificed self on the 
altar of the common weal. WALTER HURT, Williams- 
burg, O. 

MAD CLEAN* THROUGH. 

My Dear Old Man I've been mad mad clean 
through.. Just got a paper with announcement of your 
conviction. The plutes have paid you a great compli- 
ment ; they are afraid of you. I do hope you can ap- 
peal the case and go free. I'm so darned mad I can't 
write. With love and sympathy from both of us. As 
ever your pal. RYAX WALKER, New York, N. Y. 

A NATIONAL CASE. 

DEAR COMRADE Your conviction and the Haywood- 
Moyer case are only the beginning of governmental per- 
secution to check the tide of Socialism. Your case is 
a national party case, not the Appeal's, and the national 
executive committee should reimburse the Appeal for 
all expenditures connected with the defense. Yours 
truly, P. D. STRONG, Evansville, Ind. 

OTHER EDITORS ON' TRIAL. 

You are in the same position as Elijah Love joy, with 
the difference only they do not dare to kill you or de- 
stroy the Appeal. If they dared they would" gladly do 
both. It speaks well for your work that you have built 
up an organ which the capitalist class think so dangerous 
that thej- take such desperate measures. 

Magon, Villarreal and Rivera value you and the Ap- 
>eal. These men are splendid. I wish you could meet 
"lem. Xo one could see them and not realize them as 
icn of worth. They are the most distinguished look- 
ing persons in the court room and are men of great 
learning. The day will come when you will feel very- 
proud that vou stepped into the breach and helped these 
people who are struggling for liberty. You are making 



170 THE FIGHTING EDITOR, OR 



history for the Appeal to Reason. That is why you are 
being persecuted. LUELLA TWINING, Tombstone, Ariz. 

FOR FRIENDSHIP TO THE WORKER. 

DEAR COMRADE I see you have been condemned for 
friendship to the working people, and for giving aid to 
the innocent and defenseless. No higher tribute to your 
honor could be given. You are hated because you have 
chosen to be a friend to humanity. Almost nineteen 
hundred years ago blood-thirsty thieves and plunderers 
murdered one whose friendship for the poor interfered 
with their horrible brutality and lust for riches. They 
sat in the form of a court, under pretense of law, and 
with the formality of a trial, murdered the leader of the 
common people. 

The world is not rid of that gang of thieves yet, you 
will see if you look around a little. And the members 
who sit in its places are just as ready as ever to commit 
murder under cover of "church and state." But why 
should I be telling you of what you have seen already? 
That is just why I admire you; you see it, and you are 
a friend to the people, in spite of the danger and perse- 
cution. 

Well, you are my sort, and here is an invitation to be 
present at my graduation. Sincerely yours, DANIFL S. 
McCoRKLE, Secretary Y. M. C. A., Marshall, Mo. 

VERDICT AGAINST ALL SOCIALISTS. 

DEAR COMRADE WARREN Isn't it heartrending? 
Throughout the ages, in their ignorant reverence for 
their masters, the workers have persisted in crucifying 
their saviors. Since learning that Taylor was there to 
testify I have been worried, but I could not believe that 
a jury, some of whom would be workingmen, could agree 
on the verdict of guilty. 

Your friends realize that it is they, not you, who fear 
the return of an adverse verdict. It can result only in 
good to the cause. It will force upon all thinking people 
a recognition of the class distinctions of today. 

Every comrade eagerly enters into the fight that will 
set aside such an unjust verdict, only regretting that it 
is not given each of us to serve you and our cause in 
the very largest sense as can some of our more for- 



WARREN AND THE APPEAL 171 



tunate comrades. I am doing what little I can by giv- 
ing prominence to the case and urging that every effort 
be put forth to scatter broadcast the truth regardng 
it by circulation of the Appeal. Anything, everything 
that' can be done __I shall gladly do. With every good 
and hopeful wish for a reversal of the verdict and ulti- 
mate victory, believe me always sincerely your comrade. 
CAROLINE A. LOWE, Kansas City, Mo. 

HAVE NOT KILLED SOCIALISM. 

DEAR WARREN* There is not a sheriff or a city mar- 
shal or a chief of police in the entire United States but 
has done many times what you did once, yet they have 
not been prosecuted. You have been prosecuted and con- 
victed because you are a Socialist and are conducting a 
Socialist newspaper. This fact should be placed fairly 
and squarely before the American people, who will some 
day reverse this verdict, and the judgment of the court 
at Fort Scott. 

Once upon a time there sat upon the supreme bench 
of the United States a man whose name has become in- 
famous, and for whom our state disgraced herself by 
naming a county. Men like Wendell Phillips, William 
Yloyd Garrison and John Brown were agitating the 
question of human freedom and insisting that the prin- 
:iples should be extended to blacks as well as whites. 
The matter came before the United States supreme 

)urt and was fairly and squarely presented in the Dred 
5cott case. Old Taney made up his mind that once for 
all he would settle the slavery question. Instead of 
settling it, he added fuel to the flame. 

If the twelve gentlemen who sat upon your case at 
Fort Scott think they have suppressed Socialism and 
killed the onward movement for humanity, they have 
another guess coming. JAMES C. WILLIAMS, Attorney- 
at-Lau', Kansas City, Mo. 



172 THE FIGHTING EDITOR, OR 

A FEW PRESS COMMENTS. 



EDITORIAL IN SAN FRANCISCO BULLETIN, AUG. 2D. 

Six Months in Jail for Not Guessing Correctly. 

If Fred D. Warren were not a militant Socialist and 
the editor of the Appeal to Reason, the extraordinary 
circumstances of his conviction for an alleged offense 
against the postal laws would have excited a more vig- 
orous protest from the newspapers and the public. 

Warren had denounced the decision of the supreme 
court of the United States in the so-called "kidnaping 
cases," in which the legality of the means by which 
Moyer and Haywood were carried into Idaho was in- 
volved. Moyer and Haywood, who had been indicted in 
Idaho for the murder of Governor Steunenberg, were 
seized in Colorado by Idaho officers who had quietly 
obtained an extradition warrant from the governor of 
Colorado. Upon being arrested they were denied the 
privilege of communicating with their friends and were 
taken aboard a special train, manned with armed guards, 
which carried them into Idaho without making a stop. 
The prisoners contended that they had a right to writ 
of habeas corpus in Colorado and must be restored to 
the status quo ante in Colorado before they could be 
tried in Idaho. The supreme court of the United States 
said, however, in its opinion, Justice McKenna dis- 
senting : 

"Looking first at what was alleged to have occurred in 
Colorado touching the arrest of the petitioner and his 
deportation from that state, we do not perceive that 
anything done there, however hastily or inconsiderately 
done, can be adjudged to be in violation of the consti- 
tution or laws of the United States. Even if it be true 
that the arrest and deportation of Pettibone, Moyer and 
Haywood from Colorado was by fraud and connivance, 
to which the governor of Colorado was a party, this 
does not make out a case of violation of the rights of 
the appellants under the constitution and laws of the 
United States." 
To emphasize what he deemed the injustice of this 



WARREN AND THE APPEAL 173 



decision, and probably without expecting that his offer 
would be taken up, Warren sent through the mails an 
offer of a reward for the kidnaping into Kentucky of 
ex-Governor Taylor, who was then in Indiana and had 
been accused of complicity in the killing of Goebel. On 
the envelopes which \Yarren sent out was this inscrip- 
tion : "$i,ooo reward will be paid to any person who 
kidnaps ex-Governor Taylor and returns him to Ken- 
tuck}- authorities." 

On instructions from the attorney general, the United 
States attorney at Fort Scott. Kansas, had Warren in- 
dicted for sending scurrilous and threatening matter 
through the mails. The case attracted much attention. 
Clarence Darrow, of Chicago, defended Warren, and 
the government at Washington took a keen interest in 
the prosecution. 

Warren proved that before mailing the letters he had 
inquired of the postmaster at Girard whether they were 
offensive to the postal regulations, and was advised that 
they did not differ essentially in character from the 
offers of rewards which were habitually sent out by the 
police authorities. He was found guilty and a month 
ago was sentenced to pay a fine of $1,500 and to serve 
six months in the Fort Scott jail. The case is now on 
appeal. 

Two years ago, on a motion to quash the indictment, 
Judge Pollock of the federal court, before whom War- 
ren was tried, was strongly inclined to hold that War- 
ren's offense was not a violation of the law. In a col- 
loquy on the hearing with the United States attorney, 
Judge Pollock said: 

"Suppose the authorities of the state of Kentucky had 
offered their reward of $100,000 for the apprehension 
and return of ex-Governor Taylor and had circulated 
the printed offer through the mails in the same man- 
ner in which this envelope was circulated, would that 
have been a violation of the law? Suppose, again, the 
sheriff of a county were to offer a reward for a certain 
person accused of crime, though not tried or convicted, 
and printed said offer on a postal card and circulated it 
through the mails, would that be a violation of law?" 



174 THE FIGHTING EDITOR, OR 

And in passing sentence on Warren, Judge Pollock 
said : 

"When this matter was first called to my attention I 
was strongly inclined against the indictment, but after 
studying the law and consulting higher authorities I 
reached a different conclusion." 

In court Warren, when called on to give reasons why 
sentence should not be passed, delivered a fervid speech 
in which he declared that the courts of America re- 
sponded to the capitalistic class and were more zealous 
to protect private property than human liberty. He de- 
clared, also, that the federal government had singled 
him out for prosecution because he was a Socialist, 
and that the offense on which he had been indicted was 
only a pretext. He asserted, further, that the jury had 
been packed to convict him. 

The case has stirred the Socialists deeply, and Warren 
is regarded as a martyr to their cause. Their invec- 
tives against the "packed jury," however, whether justi- 
fiable or not, seem to be beside the question. The facts 
of Warren's offense were not disputed. The question 
of whether those facts constituted a crime, and the re- 
sponsibility for the result rests upon the judge who gave 
the law to the jury. Whether his final view of the law 
be right or wrong, the point that strikes most strongly 
on the mind of an American citizen who is not a Social- 
ist is the fact that Warren has been sentenced to jail 
for an offense which even the judge, for a while at 
least, did not regard as a crime. Warren is not a 
lawyer. He consulted the postmaster before mailing 
the letters and was advised that they were not forbidden 
by the postal laws. The United States attorney also, 
at first, declared that the facts did not constitute a 
crime, but was overruled by the attorney general. Is it 
fair, then, to punish Warren for not deciding rightly in 
advance so difficult a point of law? 

Suppose that Warren had been an eminent financier 
and leader in society instead of a Socialist editor; 
would he have been convicted and sentenced to jail in 
so doubtful a case? Cases now pending at both sides 
of the country show how difficult it is to convict a capi- 
talist, even when the case is not doubtful. In this as- 



WARREN AND THE APPEAL 175 



pect the Warren case concerns every American citizen. 
It is not a question of sympathizing with Socialism. It 
is a question of maintaining the equality of all men be- 
fore the law. 

STANDARD, PLUMAS, MAX., CAN. 

The persecution of the Appeal to Reason and Warren 
is simply persecution by Roosevelt for showing him up 
in his true colors. 

NEWS, STEPHENS, NEB. 

If the government wants to stamp out Socialism it 
will have to adopt other methods than persecution, for 
empires as well as great political parties spring from 
the groans of the persecuted. The history of the be- 
ginning of our own nation teaches us this. 

WESTERN SPIRIT, PAOLA, KAN. 

It is clear to my mind that Fred D. Warren did not 
get a fair trial at Fort Scott last May when he was ar- 
raigned in the United States court charged with vio- 
lating the laws and regulations governing the sending 
of United States mail. 

DEMOCRAT, CARTHAGE, ILL. 

Hurrah for Fred D. Warren and the plea he made 
and is making for mankind ! If he goes to jail or pays 
a fine for what he has done we hope God will create a 
revolution that -will wipe out Capitalism and usher in 
genuine democracy. 

HERALD, LAKE ARTHUR, LA. 

In this sentence not only Warren but the entire coun- 
try has discovered, if it did not already know it, that the 
common wage earner has no standing in a federal court. 

LABOR WORLD, SPOKANE, WASH. 

This conviction and the speech delivered by Warren 
at the time of his sentence should open the eyes of the 
working people to the class conditions of the courts of 
this country. 

FOOTPRINTS, WHEATON, MINN. 

It was a Warren who was the first martyr in our coun- 



176 THE FIGHTING EDITOR, OR 

try's fight for political liberty. Is there any significance 
in the fact that another Warren is now being grilled 
by the opponents of the sacred right of free speech? 
We refer to Editor Warren of the Appeal to Reason, 
who has been given a jail sentence in a federal court 
because in expressing his honest opinions he has stepped 
on the toes of the powers that be. 

ADVOCATE-DEMOCRAT, MARYSVILLE, KAN. 

Fair play is something all men demand. You may not 
like Warren and the things he stands for, but that is 
no reason why you should not condemn any persecution 
of him and his class. If, in order to fight Socialism 
and Socialists, governments must resort to oppression 
and injustice, then certain it is that such governments 
will receive the condemnation of all men who believe 
in dealing fairly by their fellow men. 

ECHO, DAHLGREN, ILL. 

No one but a hide-bound partisan, incapable of being 
moved by the logic of reason, can approve Warren's 
persecution. 

BULLITIN, SANTA ANA, CAL. 

The railroading to prison of Editor Warren of the 
Socialist paper, Appeal to Reason, is a matter that must 
not be dropped by the press of the country. 

ADVOCATE, ARTESIA, N. M. 

The Warren case is the exception rather than the rule. 
In that instance we believe a verdict was obtained which 
amounts to a moral injustice if not a technical wrong. 
We are inclined to believe that even a legal wrong 
was perpetrated. 

HERALD, LINCOLN, NEB. 

Fred D. Warren, editor of the Appeal to Reason, is 
probably going to jail on a trumped-up charge, for be- 
ing a Socialist editor and defending the rights of the 
workers. Oh, yes, this is a free country! 

NEWS, ABBEVILLE, ALA. 

The conviction of Fred D. Warren is one of me most 
infamous verdicts ever rendered by a jury. 



WARREN AND THE APPEAL 177 



LABOR, ST. LOUIS, MO. 

Warren is sentenced. What of it! Is he less honest 
than before? Less honored than before? Less loved 
than before? Xo. Fred D. Warren is today the greater 
man. Greater than the jurors who convicted him, great- 
er than the judge who passed sentence upon him. 

CHRONOTYPE, NEC HE, X. D. 

Warren is a martyr. In his fight for economic free- 
dom he has met the most strenuous opposition. He has 
heen persecuted. The supreme court decided that it 
was legal to kidnap a workingman. Warren was sen- 
tenced to six months in jail for sending a card through 
the mails offering a reward for the return of a man 
who was wanted by the Kentucky authorities, but who 
had pull and money to keep out of their clutches. 

DEMOCRAT, LEWISTOX, ILL. 

It is not pleasant to talk of despotism in this republic. 
But the fake trial and conviction of Fred D. Warren, 
editor of the Socialist Appeal to Reason, is rank des- 
potism. 

EXPRESS, LITITZ, PA. 

The case was brought against Warren by the govern- 
ment and it is known bv the press generally that it was 
instigated by Roosevelt and was brought not against 
the editor, but to suppress the Appeal which has ex- 
posed the ex-president and the rottenness of congress 
and the grafters high in authority. 

WHIP, LANCASTER, PA. 

The conviction of Warren was high-handed injus- 
tice. Xo doubt it will serve to nerve the Socialists 
to act in behalf of the oaper. \Ve cannot endorse So- 
cialist theories, but we are a friend of justice and the 
liberty of the press. 

RUSTLER, KING CITY, CAL. 

The conviction of Warren is causing a storm of pro- 
test throughout the count}', as it is genrally believed 
that the entire case is a political move to put the Ap- 
peal to Reason, with its half million circulation, out of 



178 THE FIGHTING EDITOR, OR 

business. If the people of America have retained any 
of that spirit that drew them out of the thraldom of 
British oppression one hundred and thirty-three years 
ago, and forced their representatives to adopt the De- 
claration of Independence, and later the first amendment 
to the constitution, they will discountenance this latest 
abuse of the courts of this country. 

NOTE. The Warren case was then carried up to the 
court of appeals. It should have ben disposed of by that 
body during the St. Louis session early in January, 1910, 
but was, as usual, postponed. It was heard at the St. 
Paul term in May, where he again plead his own case. 



WARREN AND THE APPEAL 179 

WARREN'S OWN STORY OF THE ST. 
PAUL HEARING. 

It would be presumptuous on my part to at- 
tempt to improve on Warren's Own Story" of the 
St. Paul hearing in which he outlines clearly the 
status of his case. This story appeared in the 
Appeal to Reason of May 2ist, 1910, two weeks 
after the second plea of his own case. 

After dragging its weary way through the 
courts for three years my case is now being 
considered by the court of appeals at St. Paul, 
Minn., where on Monday, May 9th, I personal- 
ly argued the points involved. Judge Hook 
presided, with Judges Adams and Reed, as as- 
sociates. Judge Sanborn, the senior judge, and 
who ordinarily presides, refused to sit in my 
case. It was the talk in St. Paul that he did not 
preside because of the fact that this paper had, 
during the past two or three weeks, printed some 
of his decisions rendered in cases wherein wor- 
ingmen and women were the defendants 
against corporations. 

It will likely be three months perhaps longer 
before the court of appeals hands down its 
decision, in which it will either affirm the ac- 
tion of the lower court or dismiss the charges 
against me. If it affirms, I will go to jail, as 
this court is the court of last resort in criminal 
libel cases. 

The court of appeals holds its session in the 



180 THE FIGHTING EDITOR, OR 

Federal building at St. Paul. The courtroom 
is quite small, because, as a rule, the cases 
argued in this court have little in them to at- 
tract public interest. The cases in this court 
are argued on technical points of law, which 
to the layman are dry and uninteresting. On 
this occasion, however, the courtroom was 
crowded to its capacity, long before ten o'clock, 
the hour of opening. There were comrades 
present from Iowa, Wisconsin and Minnesota. 
It was good to have them there. 

Promptly at ten o'clock the bailiff announced 
the arrival of the judges, who filed in, clad in 
long, black robes, a survival of the custom of 
medieval times. There was the usual cere- 
mony at the opening of the court which to a 
man of democratic ideas seemed absurd and 
ridiculous. We have abandoned the judicial 
wig and I wondered how many years would 
elapse before public opinion would force the 
judges to abandon the judicial robe. The orig- 
inal use of this paraphernalia was for the pur- 
pose of inspiring the prisoner and the public 
generally with awe for those who occupy the 
bench. So firmly rooted is this superstitious 
reverence today that it is little wonder that it 
is looked upon as treason to criticise the judg- 
ment of a judicial tribunal, 



WARREN AND THE APPEAL 181 

"\\~hen my case was called I announced that 
I would represent myself, as I had been unable 
to agree with my attorneys as to what should 
be said to the court. 

Judge Hook asked me if I had ever had any 
experience in arguing before the court of ap- 
peals, and I replied that I had not. I thought 
for the moment that this would disbar me from 
presenting my own case, as I had been advised 
by those who seemed to know that no man, 
not an attorney, would be allowed to talk be- 
fore this tribunal. I was prepared to defend 
my constitutional right as the defendant to be 
heard in my own defense. However, this was 
not necessary, as Judge Hook proceeded to tell 
me that under the rules of the court I would 
be given two hours in which to present my 
case : that I could take all of this time in my 
first argument or I could reserve a portion of 
it to reply to the government, which was repre- 
sented by ex-Judge "West. 

In my opening statement I waived all the 
technical points and objections raised by my 
attorneys in the lower court to the testimony 
introduced by the government and the argu- 
ments advanced by them on which they based 
their demand for a new trial. I did this in 
order to place the issue squarely before Judge 



182 THE FIGHTING EDITOR, OR 

Hook and his associates : "Did the mailing of 
this envelope with its reward for Taylor's cap- 
ture and his return to the Kentucky authorities 
violate the statute making it a misdemeanor to 
send "scurrilous, defamatory and threatening 
literature through the mails?" 

This took the wind out of the sails of the 
government's attorney, who had prepared him- 
self to argue at length on the technical points 
which had been injected into the case during 
the trial in the lower court. 

While the government's attorney was reply- 
ing to my first argument Judge Reed inter- 
rupted him with this question: "Does the 
record show that ex-Governor Taylor was un- 
der an indictment at the time this reward offer 
was mailed?" 

To this question West replied, with a tri- 
umphant note in his voice : "No, your honor, 
the record does not show that Taylor was un- 
der indictment at the time this reward offer 
was circulated through the mails." 

This was the opening I was looking for, and 
when it came my time to reply I read from the 
record Taylor's testimony. It will be remem- 
bered that Taylor testified that he was NOT 
under an indictment at the time the reward 
was sent through the mails by the Appeal. This 



WARREN AND THE APPEAL 183 

statement of his spotless innocence went to the 
jury at Ft. Scott and was without doubt the 
testimony that won the case for the govern- 
ment at the trial last year. Judge Pollock 
overruled all the questions asked by my coun- 
sel with reference to the one hundred thousand 
dollars reward offered by the Kentucky au- 
thorities and the indictment returned against 
him for complicity in the murder of Goebel. 

After calling the court's attention to this per- 
jured testimony I turned to page 100 of the 
record wherein it was shown that at the time 
the motion for a new trial was being argued 
two months after I was convicted, Attorney 
Sheppard introduced a certified copy of the 
indictment against Taylor, a certified copy of 
the requisition issued by the governor of Ken- 
tucky and a personal letter written by Taylor 
dated the early part of 1907, wherein he com- 
plained that "for seven years he had been a 
fugitive from justice with an indictment 
against him for murder and a price set on his 
head." Judge Pollock admitted this to the 
record without protest. Pollock and the gov- 
ernment attorneys realized that it would be 
absurd and foolish to undertake to deny the 
fact that Taylor was a fugutive from justice, 
under indictment for murder. But the per- 



184 THE FIGHTING EDITOR, OR 

jured testimony of Taylor had already accom- 
plished its purpose before the jury, and it was 
hoped by the government that it was buried 
beyond resurrection in the voluminous record 
of the case. 

I had been called down by the court in my re- 
marks on the methods employed by the prose- 
cution in the lower court to secure my convic- 
tion, Judge Hook explaining that the court of 
appeals could take cognizance only of the legal 
points involved in the controversy. 

This action of the government's attorney in 
deliberately lying to the court following niy 
reprimand, strikingly illustrated the methods 
employed by Pollock and the district attorney 
to bring about my conviction. I do not know, 
of course, what impression West's lie had on 
the court, but it certainly helped my cause with 
those in the courtroom, even among those who 
were not friendly to me. 

The constitution guarantees to every man 
a speedy trial before an impartial and unpre- 
judiced jury. It was two years to the day from 
the date of my arrest before I was tried each 
postponement being at the instance of the gov- 
ernment's attorneys. 

To this statement of mine the government 
attorney made a weak defense, telling the court 



WARREN AND THE APPEAL 185 

that "if necessary" he could explain the cause 
of the delay. The government attorney, how- 
ever, did not explain why the government post- 
poned from time to time a trial of the issue, 
and so it was necessary for me to do the job 
for him. I told the court that the govern- 
ment postponed the trial because of the fact 
that its star witness, Governor Taylor, was a 
fugitive from justice with an indictment for 
murder against him and a reward of one hun- 
dred thousand dollars for his capture. It was 
necessary to secure his pardon, for a crime of 
which he had not been convicted, before he 
could be brought to Fort Scott and placed on 
the witness stand to testify falsely against me. 
During the entire proceedings Judge Hook 
and his associates gave me the very closest 
attention and treated me with deferential con- 
sideration. The questions which they asked 
the government's counsel and the points which 
they developed indicated that they were favor- 
ably disposed towards me. But I am inclined 
to look with a certain degree of skepticism 
upon courts in general after my experience in 
Pollock's court. I remembered that at the first 
hearing of the case, six months after I was ar- 
rested, Judge Pollock treated me in exactly the 
same way. It was a matter of favorable com- 



186 THE FIGHTING EDITOR, OR 

ment among the spectators that Pollock argued 
my side of the controversy with the govern- 
ment attorney and it was the unanimous opin- 
ion of those who were in attendance that Pol- 
lock could, by his own reasoning, do nothing 
other than dismiss the charges against me. Al- 
though Pollock expressed the opinion that 
I had not violated the law, he ruled against me 
on every point and in his summing up of the 
case at the final trial announced that "under all 
the circumstances surrounding this case, after 
consulting higher authority, it was his judg- 
ment that I should spend six months in jail and 
pay a fine of $1,500 for the commission of a 
"mere misdemeanor." 

What influence was brought to bear on Pol- 
lock to bring about this change of attitude I do 
not know. The Kansas City Journal's editorial 
statement to the effect that my prosecution was 
backed by President Roosevelt may explain 
Pollock's change of attitude. 

Whether the United States court of appeals, 
next in importance to the supreme court, can 
be influenced in the same way is a matter which 
remains to be seen. 



WARREN AND THE APPEAL 187 

WARREN'S ADDRESS IN THE COURT 
OF APPEALS, ST. PAUL, MAY 9, 1910. 



I appear before this court in my own defense 
because my attorneys are unwilling to say 
what I think should be said. I desire to waive 
all that counsel for the defense has said with 
reference to the government's inability to prove 
that this envelope was mailed from the office 
of the Appeal to Reason, of which I am editor. 
I wish to waive all the objections interposed by 
my attorneys and the arguments advanced by 
them why I should be given a new trail. I do 
not want a new trial. This case has cost the 
defense $20,000. A new trial, before a jury of 
my political opponents, selected by the district 
attorney's office from among government em- 
ployes, or those who hope to get a federal job, 
before a judge prejudiced against my cause, could 
result only in another miscarriage of justice. 

In waiving the arguments of my attorneys 
on these points (and I wish to say here in jus- 
tification of my course at this time, that the 
theory on which this case was conducted in 
the lower court was over my vigorous protest) 
I do so to put the issue squarely before this 
court : Is the mailing of this envelope with its 
offer of a reward, printed in red, for the capture 



188 THE FIGHTING EDITOR, OR 

and return to the Kentucky authorities of ex- 
Governor William Taylor, under indictment 
at that time for murder, a violation of the fed- 
eral statutes? Stripped of all legal verbiage 
and technicality, that is the issue here and no 
other. 

My attorneys argue in the brief submitted 
that the indictment is defective. I do not pre- 
tend to know about this. I will say, however, 
that I have no desire to have my sentence set 
aside on a mere technical defect in the indict- 
ment, and I would regret to see the issue in- 
volved disposed of in this unsatisfactory man- 
ner. It would still leave the question in doubt 
as to whether the mailing of a reward, printed 
in red, for the capture of a fugutive republican 
politician, is a violation of the federal statutes. 

I call the attention of the court to the tes- 
timony introduced by the government, show- 
ing that I submitted a draft of the alleged de- 
famatory envelope to the postmaster at Girard 
and asked his opinion as to its mailability. The 
postmaster, the representative of the govern- 
ment, informed me that in his judgment there 
was nothing in the postal laws that would pre- 
vent the mailing of this reward offer, as hun- 
dreds of similar cards and envelopes were 
mailed in the course of a year at the Girard 



WARREN AND THE APPEAL 189 

postoffice. This certainly establishes my good 
faith. Xo man with criminal intent would vol- 
untarily submit the evidence of his contem- 
plated crime to the agent of the institution 
against which the crime was directed. 

In this connection I wish to call the court's 
attention to the statement made from the bench 
by the trial judge that when this matter was 
first submitted to him, he himself was in doubt 
as to whether the mailing of this envelope was 
a violation of the federal statutes. If the law 
is so indefinite that even the trial judge is un- 
able to determine whether a crime has been 
committed, until after he "had consulted higher 
authority," how is the layman to determine 
what is lawful and what is not? In the lower 
court's decision on our demurrer, Judge Pol- 
lock stated that the language was not scur- 
rilous and threatening, as charged in the indict- 
ment, but that it was defamatory, inasmuch as 
it was calculated to impress the reader there- 
of with the thought that ex-Governor W. S. 
Taylor was wanted in Kentucky by the authorities 
of that state for some alleged crime. Under this 
decision every offer of a reward for a man 
charged with crime, mailed by a private individ- 
ual or a civil officer, is a violation of the federal 
statute under which this indictment was returned 



190 THE FIGHTING EDITOR, OR 

against me. In order to prevent this construction 
and its far-reaching consequences, Judge Pollock, 
in his final summing up of the case, decided that 
it was not defamatory nor scurrilous, but threat- 
ening. It is hard for the average man to fol- 
low such judicial reasoning, and I sincerely 
trust that this court's opinion will be written 
in such clear and unmistakable terms that there 
will be no question as to this law in the future. 

It will be argued by counsel for the govern- 
ment that kidnaping is a crime and, therefore, 
an offer of reward to kidnap ex-Governor Taylor 
is a threat against that gentleman. I will 
ask the counsel for the government to cite a 
federal law constituting kidnaping a crime. He 
cannot do this. On the other hand, the United 
States supreme court, in an exhaustive opinion, 
handed down in the case of the three workingmen 
who had been kidnaped in Colorado and taken 
to Idaho, plainly state that it is no violation 
of the federal statutes to forcibly abduct a man 
and take him from one state to another. In 
its opinion the supreme court says : 

"Looking first at what was alleged to have 
occurred in Colorado touching the arrest of the 
petitioner and his deportation from that state, 
we do not perceive that anything done there, 
however hastily or inconsiderately done, can 



WARREN AND THE APPEAL 191 

be adjudged to be in violation of the constitu- 
tion or laws of the United States. Even if it 
be true that the arrest and deportation of Petti- 
bone, Mover and Haywood from Colorado was 
by fraud and connivance, to which the gov- 
ernor of Colorado was a party, this does not 
make out a case of violation of the rights of the 
appellants under the constitution and laws of 
the United States." 

Under this decision I do not see what weight 
this court can give to the argument of the gov- 
ernment's counsel, that to offer a reward to do 
what the supreme court has explicitly declared 
is not a crime, is in violation of the law. 

What I did, in fact, was to offer a reward to 
any one who would capture, forcibly abduct, 
if you please, a man under indictment for mur- 
der and return him to the Kentucky authori- 
ties. To kidnap means not only forcible ab- 
duction, but hiding from friends and the proper 
authorities. Under this view how can it be 
maintained that it is unlawful to offer a re- 
ward for the capture of ex-Governor William S. 
Taylor and his return to the authorities of 
Kentucky? 

Let me state a hypothetical case: Suppose 
the Socialists capture the political powers of 
Kansas as we shall. We find that Mr. Ar- 



192 THE FIGHTING EDITOR, OR 

mour is violating the anti-trust laws of our 
state. He lives in Illinois. The governor of 
Illinois, being a republican, refuses to grant a 
requisition. Suppose our Socialist state offi- 
cials, who would be private citizens in Illinois, 
should quietly go at midnight, surround Mr. 
Armour's house in Chicago, capture him, carry 
him into Kansas, and there place him on trial 
before a Socialist judge and a Socialist jury. 
Would the men that kidnaped Armour violate 
any federal statute? Would they not be im- 
mune from prosecution under the supreme 
court's ruling? 

The question involved in this case is whether 
there is one law for the workingman and an- 
other law for the rich employer. The supreme 
court's decision in the famous kidnaping con- 
spiracy in Colorado and the action of high gov- 
ernment and state officials in protecting a fu- 
gitive republican politician, charged with mur- 
der, lends color to my contention that there is 
one interpretation of the law for the poor and 
another one for the rich. The action of the 
governor of New Jersey in refusing to issue 
repuisition papers for Armour, the Chicago 
meat packer, who was charged by the New 
Jersey prosecutors with violating the anti-trust 
laws of that state is a convincing argument 



WARREN AND THE APPEAL 193 

that there is one law for the poor and none for 
the rich. The methods adopted by the gov- 
ernment's attorney in his prosecution of me and 
his refusal to take cognizance of similar acts 
on the part of bankers and others, strengthens 
our argument that there are two wholly differ- 
ent kinds of law in this country ; and your de- 
cision will, if that decision upholds the action 
of the lower court, add to this belief in the 
public mind. 

The government's attorney emphasizes the 
fact that this reward offer is printed in red. 
Out of curiosity, I asked a number of the lead- 
ing ink manufacturers in the United States for 
what color of printing ink they had the great- 
est demand, and they replied, without a single 
exception, that they sold more red ink than all 
others combined, save one black! Black is 
the emblem of piracy and has been since long 
before the days of Captain Kidd. Under its 
sable folds march the land thief, the predatory 
rich, the employer of little children, those who 
barter justice, the Wall street speculator, the 
petty gambler and grafter, and all those who 
plunder labor and oppress the poor. Black is 
the color of death. Red on the other hand, is 
the color of life; it glows with vitality; it is 
the badge of universal kinship. It has been 



194 THE FIGHTING EDITOR, OR 

from the days of Spartacus, down through the 
ages, the emblem of revolt against tyranny. 
Under the crimson banner the revolutionary 
patriots of 1776 fought and won their battles 
against the English king. Longfellow's inspir- 
ing poem to Pulaski, the Polish patriot who 
gave his life for American independence, im- 
mortalizes the red banner: 

Where, before the altar, hung 

The blood-red banner, that with prayer 

Had been consecrated there 

Take thy banner and if e'er 
Thou shouldst press the soldier's bier, 
And the muffled drum should beat 
To the tread of mournful feet, 
Then this crimson cloak shall be 
Martial cloak and shroud for thee. 

i 

The warrior took that banner proud, 
And it was his martial cloak and shroud! 

The original flag of the American revolution 
was red. The stars and stripes were added 
later by our rebel forefathers to distinguish it 
from the national emblems of other countries. 
It is a significant historical fact that red pre- 
dominates in the flags of all countries with one 
exception Russia. It is not surprising, there- 
fore, that the government's attorney, who sails 
under the black flag, should seek to cast asper- 
sions on the red banner. 



WARREN AND THE APPEAL 195 

If the liberties bought with the blood of our 
forefathers, who fought under the red flag, are 
to be preserved it will be by the men who today 
march under the crimson banner. 

The theory of law that a man is presumed to 
be innocent until proven guilty was wholly 
overlooked in my trial at Fort Scott. I was 
convicted and sentenced before I entered the 
court room. I was not prosecuted as a pre- 
sumably innocent man charged with an alleged 
violation of the law. I was prosecuted by par- 
tisan politicians, before a partisan jury, three 
of whom it was proved later had declared they 
were prejudiced against me, and before a parti- 
san judge and on perjured testimony. But this 
is not the first time in the history of the world 
that this same farce has been enacted. When 
the ruling class of any epoch is forced to use 
such means to bring about the imprisonment 
of a man advocating revolutionary doctrines, 
it has always foreshadowed the dawn of a new 
era. 

Several million men and women in the 
United States today believe that I have been 
prosecuted in the federal courts because of my 
political beliefs. It is true I am in revolt 
against the present capitalistic regime of graft 
and boodle and I have dedicated my life to the 



196 THE FIGHTING EDITOR, OR 

Revolution of Tomorrow. Our cause will tri- 
umph in America just as it is winning in Ger- 
many, France and England. The Milwaukee 
Socialist victory is a prophecy of what will 
happen throughout the nation at no distant 
day. 

By environment, training and economic in- 
terests, the judges who compose this court are 
opposed to me. You can no more impartially 
consider the questions involved in this case 
than could the judges appointed by the Eng- 
lish king to consider impartially the questions 
which arose between that monarch and his 
American subjects. 

In all controversies that arose between the 
master and his slave prior to the revolution of 
1860, the federal courts made their decisions 
conform to the interests of the masters. It 
was from the slave owners that they derived 
their powers and held their position. No man 
openly antagonistic to the slave power could 
hold a position on the federal bench. 

An examination of the decisions of this court 
and your decisions are similar to those of all 
other federal courts wherein the interests of 
the workingman conflict with the interests of 
the employer, is ample proof of the class charaac- 
ter of the federal judiciary. Dissenting from 



WARREN AND THE APPEAL 197 

the opinion of this very court, in a case wherein 
a working girl was pitted against a great cor- 
poration, Judge Thayer said: "I dissent from 
these doctrines which seem to have been form- 
ulated with an eye mainly to the protection of 
the employers and with too little regard for 
the situation and rights of the employes." 

As a militant member of the working class 
I frankly confess that I expect nothing from 
this court. A court of justice, so-called, which 
turns away a mangled working child, empty- 
handed, in defense of capitalist class property 
against working class life and limb, is not apt 
to look with favor upon one in revolt against 
such shocking inhumanity and the system re- 
sponsible for it. 

I know that this is the settled policy of this 
court. I understand why its decisions are in 
the interest of the employer and against the 
working man and working woman. 

You are serving those to whom you are in- 
debted for your position and responsible for 
your power. I am simply trying to show to the 
working class world, which embraces a great 
majority of the population, the character of the 
federal court, to which must be submitted their 
liberties and their lives. The federal court 
under capitalist misrule is essentially capitalistic 



198 THE FIGHTING EDITOR, OR 

in its sympathies, its interests and its decisions. 

In this important work of educating the work- 
ing class as to the true character of the courts, 
you are helping me. It was the Dred Scott de- 
cision that hastened the overthrow of chattel 
slavery, and as history repeats itself, we may 
confidently expect that the decision of the 
supreme court in the now famous kidnaping 
conspiracy, backed by the federal court's de- 
cisions in all other labor cases, will precipitate 
the downfall of wage slavery. When the toil- 
ers of the mill, factory, mine and farm once un- 
derstand the true situation, they will realize 
that there can be no relief from judicial des- 
potism until they use the power latent in them- 
selves to abolish the present iniquitous system, 
based upon the legalized robbery of the na- 
tion's toilers and producers in which the courts 
are mere creatures of capitalist class rule and 
instruments of working class subjection. These 
workingmen will one day learn to choose their 
own judges and while these judges may know 
little of the intricacies of law and the chicanery 
of technicality they have an inherent sense of 
justice and they may be depended upon to 
serve their brothers. 

Personally, it is a matter of no consequence 
to me what this court may decide in this case. 



WARREN AND THE APPEAL 199 

If this court concludes to sanction the scandal- 
ous methods employed to secure my convic- 
tion and the outrageous sentence imposed upon 
me for the commission of what Judge Pollock 
termed "a mere misdemeanor," I shall consider 
it the proudest day of my life when I enter the 
jail at Fort Scott, imprisoned because of my de- 
fense of the poor and oppressed. You will by 
that act increase my power a thousand-fold and 
carry my message to the toiling millions from 
sea to sea. Gladly will I make this small sacri- 
fice in a cause to which I would willingly give 
my life. 



200 THE FIGHTING EDITOR, OR 

PERSONAL AND PRESS COMMENTS ON 
ST. PAUL HEARING. 



BY J. I. SHEPPARD, ATTORNEY, IN FT. SCOTT (KAN.) 
TRIBUNE. 



At St. Paul, Minn., in the United States circuit court 
of appeals, on last Monday, for the first time in the 
history of the United States court of appeals, or of the 
supreme court of the United States, a man, who was 
not a lawyer, anneared in oerson before the court, and 
argued his own cause. The man was Fred Warren, of 
Girard, Kan., and he made a speech in defense of his 
right to criticise what he declared to be an unjust de- 
cision by the supreme court of the United States. 

The court was held in a room dedicated to that pur- 
pose on the fourth floor of the government building in 
St. Paul. The Warren case was set for hearing at 10 
o'clock A. M., on Monday, May 9, 1910. An hour before 
that time the courtroom was crowded with lawyers 
from all parts of the Eighth circuit, and with Socialists 
from St. Paul, from Minneapolis, and from all the sur- 
rounding country. One Socialist, a Congregationalist 
minister, went from central Iowa to be present at the 
trial. 

While waiting for the court to convene, those present 
could see from the west windows the magnificent and 
lordly palace of James J. Hill, the railway magnate. 
The Hill home reminds one of the pictures of the great 
castles built by the feudal lords of history. This enor- 
mous building, almost overshadowed the federal court 
building, and I remembered that it is only recently 
Hill's principal attorney, in the state of Washington, in- 
volved himself and some of the highest judges of the 
state, in a scandal without precedent, in the legal his- 
tory of the United States. It was discoverd and proven 
that this lawyer had furnished to the Washington court 
opinions which the court delivered in lawsuits in which 
James J. Hill and his railroads were involved. I won- 
dered if it could be possible, as I looked at this tow- 
ering mansion, whether the influence of its owner could 



WARREN AND THE APPEAL 201 



reach the United States court of appeals and influence 
its decision ! 

A loud rapping on a desk, by a gray-haired, gray- 
whiskered court bailiff, announced the entrance of the 
judges, and pursuant to custom of the court, everyone 
in the room, lawyers, litigants and spectators arose as 
the three wise looking solemn judges dressed in black 
robes ascended the rostrum from the rear of the room. 
The bailiff in a loud voice then said: "Oh yea, oh yea, 
the Honorable Circuit Court of Appeals of the Eighth 
circuit of the United States of America is now in ses- 
sion. All those who have business with this court will 
now draw near, and the court will give ear to them. 
God save the United States, and this Honorable Court." 
The judges thereupon seated themselves, and the pre- 
siding judge began the call of the docket. 

After two other cases had been disposed of in brief 
order, "The United States of America vs. Fred War- 
ren," was announced by the presiding judge, reading 
from the docket which lay open before him. "Who 
represents the defendant?" In answer to this question, 
Mr. Warren stepped from the body of the courtroom, 
where he had been sitting beside his wife, passed inside 
the railing, and stood by a table used by lawyers who 
practice in this court, and, facing the judges, said: "I 
desire to speak in my own behalf." Then he began with 
a review of his case from its inception. 

I have been more than twenty years at the bar, have 
heard some of the best and most distinguished lawyers 
of the country, but I have never yet heard any man state 
a case better or argue one more forcibly and effectively 
than did Warren at St. Paul. His object, he said, in 
sending out the letters with the reward for ex-Governor 
Taylor was to call attention to what he believed to be 
an unjust and dangerous decision of the supreme court 
of the United States, in the Haywood-Moyer case. And 
when he stated to the court, "criticism is not a crime, 
and I know of no peaceable way to correct abuses by 
our officials other than by criticism," it was a new 
thought, and apparently had much weight with the 
court. 

When he scathingly denounced the government's 



202 THE FIGHTING EDITOR, OR 



counsel, J. S. West, for urging, as one of the main rea- 
sons why the sentence should be affirmed, "That the 
offer on the envelope in question was printed in red," 
I wondered if this could be the same Fred Warren, who 
years ago as a little boy, carried messages for the 
Western Union Telegraph company here in Fort Scott. 
I wondered also if it could be possible that the heroic 
efforts this man is making for the working people will 
be unavailing. I thought at the time of another court 
scene, which occurred two thousand years ago, at Jeru- 
salem, when the greatest humanitarian of the world for 
teaching and preaching the rights of men was taken 
before Pilate, and there the prisoner Christ--spoke 
in his own behalf, and the judge said to those who ac- 
cused him, "I find no fault in this man." As Warren 
proceeded with his speech, it seemed to me his judges 
were saying as Pilate said, "I find no fault in this man." 

Warren finished by saying, "I want no benefit that 
is to be obtained in this case through technicality. There 
is but one question : Did I violate any law of the land 
when I criticised what I believed to be an outrageous 
decision by the United States supreme court against the 
rights of those who toil? I desire to have no other 
question considered. If your decision is adverse to me, 
personally, it makes but little difference. If compelled 
to go to jail for fighting the battles of the men and 
women who work, it will be the proudest moment of 
my life." 

And judges, lawyers, and spectators alike, looked with 
open-mouthed amazement at the frail little man, who 
had just finished speaking. 

He was asked bv one of his friends, immediately after 
the trial, how he had the courage to speak so boldly to 
the court, and how he could do so without hesitation, 
or apparent confusion. He replied, "I thought of my 
brothers and sisters in this great land of ours, who are 
working out their lives, under adverse conditions, and 
for inadequate pay, and I could plainly hear them say- 
ing, 'Now, comrade, is the time to strike a blow for 
us,' and while looking straight at the judges, I did not 
see the judges at all, but I saw the faces of those who 
suffer from oppression by the rich, and they seemed to 
be cheering me on." 



WAKRBN AND THE APPBAL 803 

ST. PAUL PRESS COMMENTS. 



From St. Paul Dispatch. 

In a courtroom crowded outside the bar with citizens 
of socialistic leanings, from both St. Paul and Minne- 
apolis, Fred D. Warren, editor of the Appeal to Reason, 
of Girard, Kan., this morning made in person his plea 
to the United States circuit court of appeals for the 
annulment of a sentence of six months in jail and a fine 
of $1,500. The case was heard by Circuit Judges Hook 
and Adams and District Judge Henry T. Reed, of 
Iowa. 

The government's side of the case was briefly pre- 
sented by Judge J. S. West, United States district at- 
torney of Kansas, who told how the editor had sent 
thousands of letters to various parts of the United 
States, whereon was printed on the outside of the en- 
velope an offer of $1,000 for any one who would kidnap 
former Governor Tavlor of Kentucky and take him 
back to the soil of that state where he might be ar- 
rested on the charge of murdering Governor GoebeL 
Sending defamatory language publicly through the mail 
was the charge. 

Mr. Warren replied that at the time of the sending 
of those letters the ex-governor was already under in- 
dictment in Kentucky. He argued that if, as the courts 
had held, the kidnaping of George A. Pettibone, William 
D. Haywood and Charles Moyer from Colorado to 
Idaho to answer to the charge of the murder of Gov- 
ernor Steunenberg was legal, it was also legal to kidnap 
Governor Taylor and take him into Kentucky for a 
similar purpose. 

"Personally it is a matter of no consequence to me 
what the court may decide in this case," he said. "If 
the court concludes to sanction the scandalous methods 
employed to secure my conviction, and the outrageous 
sentence imposed upon me for the commission of what 
Judge Pollock termed 'a mere misdemeanor,' I shall 
consider it the proudest day of my life when I enter the 
jail at Fort Scott, imprisoned because of my defense 
of the poor and oppressed. You will by that act increase 



204 THE FIGHTING EDITOR, OR 



my power a thousand-fold, and carry my messsage to 
the toiling millions from sea to sea. Gladly will I 
make this small sacrifice in a cause to which I would 
willingly give my life." 

From St. Paul Daily News. 

The fate of Fred D. Warren, editor of the Appeal 
to Reason, is in the hands of the United States circuit 
court of appeals. 

Sitting as an appellate court in St. Paul today, Judges 
Hook, Adams and Reed heard the appeal from the de- 
cision of the lower federal court, Kansas, finding War- 
ren guilty of violating the postal laws of the United 
States against sending scurrilous, defamatory and 
threatening matter through the mails. 

The case was argued briefly today. J. S. West, as- 
sistant district attorney, appearing for the government, 
and Mr. Warren, though not an attorney, presenting his 
own case. 

Mr. Warren made a clear presentation of the points 
in his favor and apparently created a favorable im- 
pression on the court and on the large number of Social- 
ists who crowded the courtroom. 

His language was temperate, for the most part, though 
he characterized the decision and methods of the trial 
judge as outrageous, and declared that the prosecuting 
attorney, judge and jury were prejudiced against him 
from the start on account of his political views and that 
for that reason it had been impossible for him to obtain 
a fair trial. 

Mr. Warren argued that the language on the enVelope 
was not defamatory and not a threat as claimed by the 
government. In the first place, he said, Governor Taylor 
was then under indictment and in the second place, 
though ordinarily the offer of a reward for the com- 
mision of a felonv might be a thread it was not in this 
instance as all he meant by the word "kidnaping" was 
the seizure of Governor Taylor and his return to the 
Kentucky authorities. 

In order to have kidnaping, he claimed, the prisoner 
must be kept away from the authorities. 



WARREN AND THB APPEAL 205 

SPOKEN LIKE A MAN AND A 
SOCIALIST. 



From Chicago Daily Socialist. 

Well done, Comrade Warren. 

We do not know and we do not care much, and we 
think you care even less, what verdict the court may 
finally render on your case. The important thing is, 
what verdict will the workers render in the case of the 
indictment which you have drawn against the courts of 
the United States. 

There was something large and strong about that 
speech to the court at St. Paul last Monday. It was not 
like other speeches. It did not limp and lisp in the fet- 
ters and phrases of language that have been created to 
conceal the meaning of the law and gain for it that 
respect which the ignorant give to the mysterious. 

That speech was plain, straightforward English. It 
swept aside all the technicalities with which class law 
conceals the weapons by which justice is assassinated. 
It told the court that the real question in the case of the 
United States vs. Fred D. Warren was not whether 
some indictment clerk has dotted an "i" or crossed a 
"t", nor whether some judge had correctly drawn the 
line between the hairs that divides tweedledee and 
tweedledum, but whether the kidnaping of a working 
man is legal and the suggestion to kidnap a capitalist 
politician is a crime. 

That is a question worth deciding. 

There was something more than bravado in catching 
up the pettifogging appeal to prejudice made by the 
district attorney, who attempted to inflame prejudice 
by pointing out that red ink had been used in printing 
the envelope around which the controversy is supposed 
to be waged. Warren took this cheap lawyer's trick and 
suddenly made it a great question of principle. If our 
adversaries insist upon symbols, then let them abide 
by the symbolisms they invoke, and Warren did well in 
pointing out that from the days of the Spanish Main 
to Wall street black had ever been the chosen color of 



THE FIGHTING EDITOR, OR 

pirates and that the oppressed of the world had always 
chosen as the symbol of their brotherhood and their 
revolt against piracy the color that makes of one blood 
all the nations of the earth. 

How the blind bats must have stirred and fluttered in 
the musty caves of the courts when this blast of fresh 
air was let in ! 

The judges will turn to the records in vain to find 
precedents for a decision upon the points Warren raised. 
Those points are not settled by a reference to precedents. 
They are a part of the living present. 

Courts are bound to the past, to classes already decay- 
ing, to interests that are losing their power. Chattel 
slavery was already on the decline when the supreme 
court gave the Dred Scott decision. 

Today the usurpations of the courts are not a sign 
of the strength of the class they serve, but of its weak- 
ness. 

Like the court in "Alice in Wonderland," the courts 
of the United States are but a pack of cards, and when 
the workers realize how worthy of contempt they are 
class justice will be doomed. 

Warren's speech did much to tear aside the mask that 
had helped to make the courts mysteriously powerful. 

He pronounced a heavier sentence upon the court 
than it can ever pronounce upon him, for he pronounced 
the first words of a sentence that condemns these in- 
struments of class rule and exploitation to revolution. 



WARREN AND THE APPEAL 207 

CONCLUSION. 
CAPITALIST CLASS COURTS. 



Criticism is not a crime. Honest criticism of 
the decisions of the judges and the acts of public 
officials is the strongest safe-guard of the na- 
tion's liberty. Said by Fred D. Warren in St. 
Paul speech. 

Again the attention of the reader is called to 
the tedious and inexcusable delay of the govern- 
ment in settling the Warren case. It is now go- 
ing on four years since the "frame up" was 
organized to crush the Appeal. Two years elapsed 
between the date of Warren's arrest and his trial, 
due entirely to postponement by Judge John C. 
Pollock at the solicitation of his prosecuting col- 
leagues. 

Following the outrageous conviction and the 
wanton, unjust decision of the court denying a 
new trial after conclusive evidence had been pro- 
duced which proved that perjured testimony had 
been used and that the jury was prejudiced in 
advance, the case was carried up to the Appellate 
Court, which was to convene in St. Louis, Mo., 
early in January. 

Warren confidently expected his case to be 
heard at this time, as there could be no possible 
excuse for continuing it in the higher court, 
where duty was simply to weigh all testimony 
that had been used by both prosecution and de- 



208 THE FIGHTING EDITOR, OR 

fense in the first trial and either sustain action 
of the federal court, throw the case out entirely 
or remand it back to the lower court for a new 
trial. However, it was soon learned that this 
court had to juggle and "stahl" to a certain 
degree before it could get into action and per- 
form its plainly outlined duty. 

On an insignificant technicality the case was 
again put off from the January term to the May 
term when the Court of Appeals was to meet in 
St. Paul, Minn. 

May 9th, 1910, just three years from the time 
Warren was arrested at Girard, he got a hearing 
before the exalted tribunal known as the Ap- 
pellate court. 

Monied interests, it can ever be noted, are al- 
ways able in any court in the land to get im- 
mediate action or have action delayed indefinitely. 
On the other hand it may be noted that when 
labor interests become involved they get just 
what the courts decree, hasty action or action de- 
ferred, and those at bar have no voice or influ- 
ence one way or the other. Is it any wonder the 
halo that has in the past enveloped the courts is 
beginning to disappear before the enlightening 
gaze of American workingmen? 

And yet, while the system of Capitalism pre- 
vails it is hopeless for the people to expect any- 



WARREN AND THE APPEAL 209 

thing else from its most virile bulwark. Is any 
one so ignorant that he cannot see the class char- 
acter of the American courts? Judges, lawyers 
and the entire retinue of court officials will al- 
most invariably and with scarcely an exception 
follow the course that will line their own pock- 
ets most substantially. They may be depended 
upon at all times to accept evidence, try cases 
and render verdicts in the interest of those who 
have the power and the backing of Capitalist 
corporations and governments owned and con- 
trolled by Capitalist corporations. 

When we take into consideration the fact that 
the officials of this government from the presi- 
dent down through the courts and to even the 
postmasters in third-class cities are either di- 
rectly or indirectly dominated and controlled by 
the Capitalist class, I ask you in all candor why 
the courts, which are undeniably the strongest 
bulwark of the present system, should be ex- 
pected to follow any course different from what 
it does? 

Behind the actions of the courts, government 
officials, pulpits and all other human activity, 
there is the dominating law of economic deter- 
minism. Individuals, institutions or governments 
cannot blind themselves to the fact that thev in- 



210 THE FIGHTING EDITOR, OR 

variably follow the line and do the thing that will 
result to their economic or financial benefit 

When corporations appoint federal judges, se- 
lect candidates and furnish campaign funds for 
political parties, it is folly to expect their bene- 
factors to do otherwise than work faithfully in 
their interests. (In other words, the one who 
pays the fiddler usually selects the tune.) They 
have done it in the past and they will continue to 
do it in the future. To do otherwise would be 
to commit poltiical suicide. To oppose the in- 
terests of the REAL RULERS of America (the Capi- 
talist Class) to a point where the system upon 
which they fatten is menaced, means that those 
who do so oppose will soon find themselves 
among the discards, stripped of honors, with 
prestige gone and confronting inevitable political 
oblivion. 

The case of Fred D. Warren has been manip- 
ulated and juggled and travestied in a manner 
that would make the kangaroo court of a rail- 
road construction gang blush with justified 
shame. And yet those who have so wantonly 
abused the rights of this man, even as they have 
abused the rights of the American people for 
years, are seated in the high offices. They are 
the pillars of society, are honored members of the 



WARREN AND THE APPEAL 211 

"best 1 ' circles and sop the people with charity 
donations and activity in the churches, while the 
unthinking and ignorant are deeply impressed 
with their influence and power. 

May the day soon dawn when the people will 
awaken from their age-long slumber and bar- 
barous dreams and drag down from their ped- 
estal of privilege and autocracy the vultures and 
parasites who fatten upon their ill-gotten portion 
of the worlds' wealth, thus reducing the masses 
to lives of misery and poverty. 

If the weary multitudes who produce the 
wealth of the world would escape from the thral- 
dom of their present enslavement, they must 
awaken and demand the re-organization of so- 
ciety on an entirely new basis whereby those 
who do the most useful labor with brain and 
brawn will be the most honored, loved and rec- 
ompensed. Then and not until then will justice 
triumph over injustice, freedom conquer slavery 
and the world be justified in calling itself truly 
civilized. 




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