The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-23

NCOhtiAOCA AAOill OiIc.J
the underta king required by it was
consummated on December %, and /
am disposed now to look at the separ-
ate conduct of each respondent with a
view of recording his individual re-
sponsibility with sufficient detail"
The court quoted at great length the
attitude taken by Mr.. Gompers since
the injunction was issued, his writings.
interviews and public addresses, and
remarked:
"All of which was done all of
which was published, all of which was
circulated in wilful disobedience and
deliberate violation of the injunction
and for the purpose of melting. ac-
complishing the violation generally,
and in pursuance of the original COM
mon design of himself and confeder-
ates. to bring about the breach of
plaintiffs existing contracts with 9TH
ers to deprive plaintiff of property
the good will of its business without
due process of law; restrain trade
among the several states; restrain
commerce among the several states -
As to Morrison.
As to Secretary Frank Morrison, the
court declared that he had full know
ledge of all that was being done, took
part in the preparation and pubIica-
ton of the American Federationist of
April. 1908, with complete knowledge
OF its contents.
With knowledge and approval of
mere
in before specified against Gompers,
he. Morrison, took part in the circula-
ton and distribution in large mum berS
of each and every issue of the Fed
erationist containing them. as here
in before specified against Gompers
and with the same purpose and in
tent"
Concerning Mitchell the court
pointed to various acts by him, which,
he said. placed him within the pale of
a c
book on organized labor, it's prob
lens. purpose and ideals certain
passages wherein Mitchell declared
that it was the duty of all patriotic
and law abiding citizens to resist or
disregard injunctions when they for
bid the doing of a thing which is law
ful. Mitchell also was credited with
signing with full knowledge, the
urgent appeal which accompanied
the $1,000 or more circular letters to
the various secretaries as heretofore
specified against GOmpers and Nor
rison and with full knowledge of their
contents. counselling their distribu-
ton, and with the same purpose and
intent
The court also referred to the
presence of Mitchell in the chair on
January %. 1908. at the annual con-
ventiOn of the United Mine Workers
of America. when a resolution was
adopted. placing the Bucks Stove and
Range company on the unfair" list.
Continuing as to all three of the
defendants, the court said:
In defense of the charges now at
bar, neither apology nor extenuation
is deemed fit to be embraced; no claim
of unmeant contumacy is heard; per
siSting in contemptuous violation of
the order. no defense is offered save
these: That the injunction l. in
fringed the constitutional guaranty of
freedom of the press. and 2. infringed
the constitutional guaranty of free
dom of speech
MocIzery and Pretense.
"These defenses do not fill the
measure of the case; the injunction
was designed to stay the general
conspiracy of which the publication of
the unfair and We don't patronize'
lists were but incidents; the injunction
interferes with no legitimate right of
criticism or comment that law has
ever sanctioned and the respondents
intimation that it does so is a mockery
and pretense."
In reference to the freedom of the
press. the court declared that the
constitution nowhere conferred the
right to speak, to print or to publish.
1T guarantees said he. "only that
insofar as the federal government is
concerned its congress shall not
abridge it and leaves the subject to
the regulation of the several states.
where it belongs. Who can be per-
suaded.' asked the court continuing,
that the penalizing of false and
malicious lihels upon the integrity of
honorable men, or ISLANDERS upon the
virtue Of chasLe women, is an outrage