The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-12-25

LIE OIueT u 1lJuncJlOn lLSelf put into
technical operation by giving Of the in
junction bonds. On December IL,
1907, the opinion of the court was
filed in the case; the order of injunc-
ton was entered on December 18,
the giving Of the security required by
1t was consummated on December 23,
and am disposed now to look at the
separate conduct of each respondent
with view of recording his individ-
ual responsibility in sufficient de-
tall
| The court quoted at great length
the attitude taken by Mr.. Gompers
since the injunction was issued, his
writings, interviews, and public ad-
dresses, and remarked:
Order Disobeyed.
"All which was done, all which
was published, all which was circu-
lated, was in disobedience and in de-
liberate violation Of the injunction for
the purpose of inciting and accom-
plishing the violation generally and
in pursuance of the original common
design of himself and confederates
to bring about the breach of plaintiffs
existing contracts with others to de-
prive plaintiff of property (the good
will of its business) without due pro-
cess Of law; restrain trade among the
several states and restrain commerce
among the several states IA
As to Secretary Frank Morrison, the
court declared that he had full knoWl-
edge Of all that was being done, took
part in the preparation and publica-
tion of the American Federationist of
April, 1905, with complete knowledge
OF its contents.
with the knowledge and the ap-
proval of the other writings and speak
ings hereinbefore specified against
Gompers he (Morrison) took part in
the circulation and distribution in
large numbers of each and every issue
Of the Federationist containing them,
as hereinbefore specified against Com
pers and with the same purpose and
intent
Concerning Mitchell, the court point
ed to various acts which, he said,
placed him within the pale of the law.
He read from Mitchell's book on "or-
ganized labor, its problems, purpose
and plea" certain passages wherein
Mitchell declared that it was proper
of all patriotic and law abiding citi-
gems to resist or retard injunctions
when they forbid the doing Of a thing
which is lawful. Mitchell was also
credited with signing with full knowl-
edge" the mo urgent appeal" which
accompanied the 27,0O0 or more cir
cular letters to the various secretaries
as heretofore specified, with Gompers
and Morrison, and with full knowledge
Of their contents, counselling their dis
tribution, and with the same pur-
pose and intent. The court also re-
ferred to the presence of Mitchell in
the convention January 25, 1908, at the
annual convention of the United Mine
Workers of America when resolution
was adopted placing the Buck Stove
and Range company on the unfair list.
Continuing, the court said:
in defense of the charges now at
bar, neither apology nor extenuation
is deemed to be embraced; no claim
of unmeant contumacy is heard; per
sisting In contemptuOus violation of
the order and no defense is offered
save: #
THAT the injunction "a infringed
the constitutional freedom of the press
and (2) infringeu the constitutional
guaranty Of freedom Of speech.
These defenses do not fill the meas
ure Of the case, the injunction was de-
signed to stay the general conspiracy,
OF which the publication of the unfair
and we DONE patronize' lists were but
incidents; the injunction interferes
with no legitimate right of criticism
or comment that law has ever sane
toned and the respondents intimation'
that it does 80 is a mockery and pre-
tense"
In reference to the freedom Of the
press, the court declared that the con
stitution nowhere conferred the right
to speak, print or publish.
1T guarantees" he said, "only that
in so far as the government is con-
cerned, Its congress shall not abridge
1t and leaves the subject to the regu-
lation to the several states, where 1t
belongs. Who can be persuaded" asks
the court, continuing, that false and
malicious Nbels upon the integrity of
honorable men or slanders upon the
virtue of chaste women Is an outrage
upon the constitutional rights of the
villifiers?'
'sNo right, the court added Ito pub
lish either the libel or slander cannot
be sustained, except upon the theory
Of right to do wrong"
The court in dismissing from fur
ther consideration the contention that
the injunction invaded the right of
free speech and the press, held:
The positions OF the respondents
Continued on Fifth Page9