Daily Kennebec journal., 1908-09-23
n -. .EF II - 4T".st
.Gonpefs!, !. Loses Point ? Din In
Contempt Proceedings.
Case ls;:Naw !: Returned To- Ex-.
aminer Harper's Tribunal.
Alton B. Parker Makes Argument
I. For the Labor Officials. .

Washington, Sept. 22.-"This lis a
| struggle calculated to make history
with 100000 workingmen ON one side
AND the manufacturers on the other,
in tile neverending fight between cap
ital and labor" declared Former Judge
Alton B. Parker of New York, once
| Democratic Presidential candidate, just
before the District of Columbia su-
preme court today ordered President
Gompers of the American Federation
| of Labor to answer certain questions
asked him in the contempt proceedings
against federation officials. The court,
| presided over by Chief Justice Cla-
! baugh, held to be relevant the ques-
| tioEs asked of Mr.. Gompers by Attor-
| ney Daniel Davenport of Bridgeport,
| CT, counsel for the Bucks Stove &
| Range Co. of st. Louis, out of whose
original complaint of boycott the pres
ent contempt proceedings grew. Testi-
| mony is being taken before Commits
sioner Harper. Mr.. Gompers refused
to answer a question on the ground
that he September issue Of the Feder-
ationiSt, the organ of the labor feder-
alton, appeared subsequent to the fill
irg of the petition in the, contempt
proceedings and therefore could not
be held to have any bearing. on the
proceeding. The case will be. resumed
before Examiner Harper TOMORROW.
Judge Parker argued for the labor
oifio ials and Mr.. Davenport for the
prosecution. Both sides dealt largely
with the constitutional questions in
volved. The chief justice declined to
follow them into the intricacies Of the
case, but based his decision on the
question of practice. He said that the
,uestons should be answered, but that
if any interrogatories Objectionable to
the defence were propounded, counsel
could make objections. The taking of
testimony will be resumed tomorrow.
Presiding Examiner Harper's certifi-
cation of the disputed questions Mr..
Davenport quoted many legal authori-
ties to show that his questions had
been regular and should have been
answered. He argued that it was not
competent for the court to place
limit upon the scope of the testimony
before the examiner. We sought to
show that the expressions in the Sep
tember issue of the Federationist were
a part of a conspiracy to violate Justice
Gould's injunction decree, which al
legged conspiracy the proceedings In the
Bucks injunction and is intended to
bring to an end. Developing his con-
srracy theory he contended that any
act tending to supfort idhat. theory
should be shown in he testimony. He
declared that the testimony already
taken by Mr.. Harper had developed "a
most elaborate. comprehensive and IN
tricate combination to destroy the bus
mess of the stove company
Responding to Mr. Davenport, Mr..
Parker discussed the general aspects
of the case. saying that all appreciated
that it is not ordinary in it's nature
II was, he said, a struggle that was.
calculated to make history. with the
1000, 900 members of the Federation of
Labor on one side, and the manufac-
turorS on the other; with GOmpers.
Mitchell and others, as the command
ing officers on the one side and Van
Cleye as the commander in the Oppos-
ing ranks 1t was the old fight be-
tween labor and capital-a contest
which he declared must go on to the
end Of time. He also spoke of the ef--
feet of Judge Gould's order. declaring
that $50 much of it as lays on Mr..
Gompers and the other respondents a
command that they shall not discuss
the injunction decision is absolutely
void That pc rtion of the decree Of
fends against the constitutional pro-
vision against the abrfdgement Of the
liberty of the press and of free speech,
and need not be obeyed.'
Such a decree, he said. would prohib-
it the defendants from going to Con-
gress for relief or from editorially re-
ferring to the courts order. and could
not, of course, be considered as conso-
nant with their constitutional rights
Judge Parker analyzed the different
charges in the contempt petition. un-
dertaking to show that in reality there
had been no contempt either in motive
or expression. wv. .1
Closing the arguments for the prose-
c,ition. Mr.. Davenport contended that
the only point at isue now was the
relevancy Of his questions to Mr..
Compers He said that such acts as
had been rescrted to by the Federation
ot Labor to destroy the business Of the
Bucks CO.. are forbidden by the laws
alike of God and man. He declared
that all the provisions of the decree
had been violated, and when the state
ment was challenged said the ,testi-
monv taken before Mr. Harper would
| bear him out F-
Chief Justice Clabaugh then an
no,,nced his decision,t and the proceed
ing was again transferred to Examiner
Harper's tribunal