§ 2. Mr. T. WILLIAMSasked the Secretary of State for Foreign Affairs whether his attention has been drawn to the case of William Rutherford, formerly of Glasgow, who is now serving a term of imprisonment in California for the offence of holding a card of the Industrial Workers of the World; if so, have any steps been taken to secure a remission of the sentence, seeing that a similar card can be carried in Great Britain without infringing upon the law; and, if not, will he offer friendly intervention with the American Government on behalf of this British subject?
§ The SECRETARY of STATE for FOREIGN AFFAIRS (Mr. Austen Chamberlain)My attention has been drawn to this case, which has formed the subject of careful examination in the Foreign Office. The Court before which this man was tried found that the Industrial Workers of the World is a body which advocates actions bringing it within the purview of the law of the State of California against criminal syndicalism. Under this law, membership of a body advocating such actions constitutes a felony. The fact that membership of the Industrial Workers of the World is not contrary to British law does not afford any ground for protest by His Majesty's Government. Friendly representations were made to the prison authorities, and Rutherford's sentence, which as passed was an indeterminate one of from one to 14 years, was ultimately fixed at four years, and it was only his behaviour in prison that prevented its being further reduced. There is nothing more which His Majesty's Government can properly do. I might add that the whole matter has been fully explained to the Labour Defence Council, to which, I believe, the hon. Member belongs.
§ Mr. WILLIAMSIs not the period of four years very harsh, and does not the right hon. Gentleman think that further overtures might very well be made to the Californian Government with a view to a remission of this sentence?
§ Mr. CHAMBERLAINIt is not for me, as I am sure the hon. Member will admit, to comment lightly on the sentences of a foreign court. We did make such friendly representations as we properly could, but I understand that the real difficulty about further remission has been the conduct of the man in prison. I do not know, but, possibly, if that conduct no longer gave reason for complaint, there might be a further remission. But, as I have said, I do not know.