[14] Embree sought relief from the federal government, arguing that he had the right to live with his wife and children wherever he chose.

[15] He then worked as an organizer in Butte, Montana, and then traveled to Idaho, where he was arrested for making speeches and distributing literature for the IWW.

[16] Embree was convicted of violating Idaho's Criminal Syndicalism Act in Shoshone County in 1921, and spent more than three years in jail.

[18] In August 1939, Embree was working as an organizer for the International Union of Mine, Mill, and Smelter Workers (IUMMSW) in Silverton, Colorado.

The National Labor Relations Board stepped in and ordered back pay for miners who had also been evicted.