Omaha daily bee., 1908-12-25
THE GoMpERs coNrEMpr Use.

THE GOMPERS CONTEMPT CASE.
The action of Justice Wright of the
supreme court of the District of Co.
lumbia, sentencing Samuel Gompers,
John Mitchell M Frank Morrison,
officials of the American Federation of
Labor, to prison terms for contempt
of court, is unquestionably far-reach-
ing. Pending the final adjudication
by the supreme court of the United
States, to which 1t will doubtless be
carried, there will be wide discussion
of the merits and business of the de-
cision and its effects upon the rights
of the parties engaged in the contro.
versy.
Apparently there is no serious dis
pute as to the facts In the case. The
Bucks Stove and Range company of
st. Louis sought and secured from
Justice Gould of the federal court of
the District of Columbia an injunction
restraining the American Federation
of Labor from using unfair" and 1--WE
don't patronize" lists in it's fight
against the stove company, which was
running an open shop plant. The
original suit was to test the right of
the labor organizations to resort to
this form of boycott and, after a hear
ing, Justice Gould made the injunction
permanent, on the theory that the boy
colt methods operated to a restraint
of trade and to the injury of the stove
company's property rights without due
process of law. President Gompers
and other federation officials aban-
doned the publication of the unfair"
and I'VE don't ~patronize" lists, so far
as the stove company was concerned,
but by publications in the official or
gan of the federation and by resolu-
tions in different meetings of the fed
Grafton and in other labor unions ad-
vised that the injunction be disre-
garded. Some $4,000 circulars were
sent to labor unions advising deliber-
ate violation of the terms of the in
junction. On this showing contempt
proceedings were instituted, ending
with Justice Wright's sentence of the
officials to prison terms.
The defense offered by Mr.. Com
pers and his associates is that the in
junction issued by Justice Gould in
fringed the constitutional guaranty
Of freedom of the press and of free
dom of speech. Around the interpre-
tation Of that question most of the
discussion will rage. Justice Wright
insists that the right to free speech
and free press does not carry with 1t
a right to injure others nor to escape
penalty for wrong doing. In his view
point, no right to the freedom of press
and speech "a Justify an attack on
the supremacy of the courts and the
integrity of the law and recognition
of the claims of the defendants would
end in anarchy and the overthrow of
the law.
Unfortunately for the merits of the
case, an effort is already being made
to take 1t out of the courts and have
1t decided by public sentiment. The
president is being appealed to by labor
organizations throughout the nation
to save Mr.. Gompers and his associ-
ates from being sent to prison, and
the carrying out of the sentence of the
court would at once place the de-
PENDANTS in the role of martyrs. 1t
is doubted if Mr.. Gompers, Mr..
Mitchell and Mr.. Morrison would APP
preciate this turn of affairs as, having
the interests of their organization at
heart, they must prefer to have the
cause finally passed upon by the high
est judicial tribunal and their rights
clearly established for all future time.