Thompson

— The defendants were jointly charged by the grand jury of Yuba County with a violation of certain of the provisions of the act of the legislature approved April 30, 1919, commonly known as the “Criminal Syndicalism Act” (Stats. 1919, p. 281). The charging part of the indictment reads as follows: “In the County of Yuba, State of California, on or about the 28th day of July, 1923, F. W. Thompson, Malcolm Fullerton and Ed. Dawe, then and there being, did then and there, willfully, unlawfully and feloniously become and were members of an organization, society, club and assemblage of persons known and designated as the ‘Industrial Workers of the World,’ and sometimes known and referred to as the ‘I. W. W.’ which said organization, society, club and assemblage of persons was then and there, organized and assembled to advocate, teach, aid and abet criminal syndicalism as a means of accomplish ing a change in industrial ownership and control and effecting political changes.”

After plea of not guilty and trial, the defendants Thompson and Dawe were found guilty and defendant Fullerton not guilty. This is an appeal by the convicted defendants from the judgment and an order denying their…