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William Burns

Released
Gender:Male
Race:White
Era:1910s
State:California
Support
Anti-War Industrial Workers of the World (IWW)
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Biography

William Burns was arrested in Yosemite National Park for violating the California criminal syndicalism law by organizing for the IWW and "knowingly" becoming a member of the union. He was arrested in April 1923 and served approximately seventeen months in the county jail while awaiting trial. Because he was arrested in a federal park, Burns was tried in federal court. His jury consisted of a bank president, a "real estate shark, " a deputy sheriff, the superintendent of a bonding company and other persons with admitted prejudice against the IWW. Burns received a fifteen-month prison sentence, which he served in Leavenworth Penitentiary from November 1927 until May 14, 1928, when his sentence was commuted by President Calvin Coolidge.

The May 15, 1928 Fort Leavenworth dispatch reports that Burns was physically released the preceding day, May 14, after President Coolidge commuted his sentence. It describes the Supreme Court sustaining his California criminal-syndicalism conviction in May 1927 and identifies the ACLU and IWW General Defense Committee as appeal sponsors. The article says he began a fifteen-month sentence in November 1927, while its headline and subheading imply fifteen months served; that inconsistent wording is not converted into an actual fifteen-month total. This later Leavenworth phase is separate from his already recorded approximately seventeen months of earlier county-jail pretrial detention. Source: https://www.marxists.org/history/usa/pubs/dailyworker/1928/1928-ny/v05-n115-NY-may-16-1928-DW-LOC.pdf#page=3

White describes Burns as a logger, construction worker and deep-water sailor arrested in Yosemite in April1923 while walking railroad track toward a lumber job with IWW credentials and literature. The Supreme Court affirmed in1927 despite no proof of Burns personally participating in the cited sabotage acts. This was a California criminal-syndicalism prosecution tried federally because of the location, not an Espionage Act conviction.

Ahmed A. White, The Crime of Economic Radicalism, Oregon Law Review85(2006),649; physical PDF pages[100, 101]; SHA256 5dce4fe1865093ab1e1cde780b2604f9f3577c45e05095bb91c4bc99e46fb38c.

Case

United States Penitentiary, Leavenworth
Charges: California criminal-syndicalism law prosecution in federal court for conduct in Yosemite National Park.
Arrested: Apr 1, 1923
Released: May 14, 1928
Sentence: Fifteen-month nominal federal prison sentence; commenced at Leavenworth in November 1927 and commuted with actual release May 14, 1928. Earlier approximately seventeen months in county jail were a separate reported pretrial segment, not the complete custody total. Exact full duration and interruptions remain unknown. Source: https://www.marxists.org/history/usa/pubs/dailyworker/1928/1928-ny/v05-n115-NY-may-16-1928-DW-LOC.pdf#page=3
Institution State: Kansas