Mine Union Is Branded "Illegal"

Sensational Judgement Handed Down Dismissing Appeal of Jas. Bryson.

A sensational judgement, branding the Mine Workers' Union of Canada and the Workers' Unity League as "illegal organizations," was handed down by His Honor Judge Ousley of Moose Jaw in district court here yesterday afternoon when he dismissed the appeal of Jas. Bryson of Lethbridge, organzer of the Miners' Union, who was found guilty on a charge of vagrancy charge on Oct. 21 by Magistrate D. Bannatyne.
The accused was active in the Estevan-Bienfait field during the time when negotiations for the setltemtn of the 30-day strike were underway between masters and men. He stated in his testimony that he was a member of the Workers' Unity League of Canada, which is affiliated with the Red Internationale of Labor Unions. His Honor held that organization work for this league was "unlawful work" and, since the work "employment" as used int he Criminal Code meant "lawful employment", the conviction on the vagrancy charge was confirmed. "I hold," the jedgement read, "that the accused by his own testimony and conduct allied himself witha party whihc is illegal, and the appeal will be dismessed."

No New Sentence Bryson was arrested by Staff-Sergeant Mortimer just prior to a mass meeting of the miners at which a suggested agreement between strikers and operators was to be submitted for ratification. He wa brought before Magistrte Bannatyne and sentenced to 30 days in jail. Five days later he was released on bail. ALthough his appeal of the magistrate's decision was refused yesterday, he recieved no new sentence.
W.J. Perkins prosecuted on behalf of the crown, and Wilfrid H. Heffernan of Regina appeared for the accused. The crown called as witnesses three R.C.M.P. officers who were in the field during the strike disturbance, Inspector W. Morrehead, Staff-Sergeant Mortimer, and Constable Taylor. Defence witnesses were Mrs. Boruk, keeper of a BIenfait borading house, and the following miners of the field: John Harris, Dan Moar, Harry Hesketh, and John Adams. Bryson also took the stand.
His Honor prefaced his judgment by reading secitions of the Criminal Code relating to the charge of vagrancy and also to "unlawful associations," pointing out that the work "employment" was written to mean "lawful employment." He then said, "I may say that, in my opinion of the case last night, the crown had failed to show that hte accused was guilty of vagrancy. Certayn telegrams concerning Bryson's occupations showed that he had come to assist the local organization of the Mine Workers' Union of Canada.

A New Angle "Counsel for the crown, however, opened another door today which seemed to show that the accused is guilty of vagrancy. Only ten cents was found in his possession, and he was assisting the Mine WOrkers' Union of Canada to stand out against the operators. I do not intedn to discuss the disturbance of the strike. The evidence of the crown showed that the accused had allied himself with the Mine Workers' Union of Canada in endeavoring to keep the miners from going back to work, and to prevent settlement of the strike.
"The crown submitted as evidence the 20th annual report of the labor organizations of Canada, issued by the department of labor. I have looked into such authority and have come to the conclusion that this report is admissable. Revolutionary organizations are dealt with in this report. The accused, according to his own testimony, is a member of the Workers' Unity League. This organization is affiliated with the Red Internationale of Labor Unions that is a Communistic organization.
"There is no evidence that the accused ever did any organization work. He was living in a boarding house, and was active in securing bail for members of the Mine Workers' Union, and in assisting, by all he could do, to further thir cause. Such occupation, I hold, is an illegal occuption. He was at work doing unlawful work, and as such is guilty of vagrancy.
"I hold that the accused, by his own testimony and conduct, allied himself with a party which is illegal, and the appeal will be dismessed. The accused will not be sentenced to any imprisonment and will be allowed his freedom at once."