The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-23
is Sentenced to Serve Twelve
Months in Prison.
LOSES BOYCOTT CASE.
Nine Months for Mitchell and
Six for Morrison.
Held Guilty Of Violating Order
of the Court.

washington, Dec. 23.-The famous
contempt case of the Buck Stove &
Range company against President
Gompers. Vice President Mitchell and
Secretary Morrison of the American
Federatfon of Labor was decided to-
| Day by Justice Wright of the supreme
court OF the District of Columbia, ad-
Versely to the Federation officials.
| Gompers was sentenced to twelve
months Imprisonment.
| Mitchell was sentenced to nine
months and Morrison to six months.
The case grew out of the alleged
| boycott of the company's products and
| the putting of that company on the
| unfair list, and the federation's alleged
| mandamus
The Bucks company's prosecution of
! the officials of the federation began in
August 1907. The original action was
a test case, wherein it was sought to
enJoin the labor unions from using the
unfalr and I'VE don't patronize" lists
in their fight against firms and individ-
: uals. Justice Gould, of the supreme
court of the District of Columbia issued
an injunction which later was made
permanent. forbidding the publication
of the company's name in these lists.
President Gompers. in an editorial in
the Federationist of January last.
made known his intention not to obey
the courts order, contending that the
injunction issued was in derogation of
the rights of labor and an abuse of the
injun nctive power of the courts. Comp
ers, Mitchell and morrison subsequently
were cited for contempt and this phase
of the case has been before the court
for many months. the proceedings tax
ing the form of a hearing of testimony
before an examiner and many argu-
ments.
Judge Wright's decision was a
scathing denunciation of the defend
ants. He recited the conditions
antedating the injunction and referred
to the fact that for 25 years the
Bucks plant had operated as a 10 hour
shop, and always had maintained an
open shop" He also spoke of the
Federation of Labor with it's two mil
lion mem mbers and of its repeated en-
dorsement of the boycott of the
Bucks Stove and Range company.
the federation's official organization,
speeches by the defendants. letters.
circulars, etc. The court referred to
the use of the 1--WE don't patronize"
list and unfair list of the labor
organization and said that members of
labor unions were forced and coerced
into supporting it whether in
dividually willing or unwilling. ap-
proving or disappearing" by various
methods. The court read extracts
from numbers of resolution of labor
organizations bearing on the Bucks
case as tending to support the meth
DDS of influencing members of unions
land these methods the court re-
marked, seem to be known as per
suasion.'"
The customers Of the stove com
pany, the court said, had been in
timidated, browbeaten and coerced
out of their business relations with
the complaint "by direct interference
with and boycott of their (the Gus
tomers) trade relations with their
own customers and the public gem
orally" Following an exhaustive
discussion of conspiracies in restraint
of trade, Justice Wright said:
The Courts Conclusion.
From the foregoing it ought to
the defendants to the bill each and
all Of them. have combined together
for the purpose,
"1.-Bringing about the breach OF
plaintiffs existing contracts with
others.
'2-Depriving plaintiff of property,
the value of the good will Of its busi-
ness, without due process of law.
several states.
"4-Restraining commerce among
the several states"
The ultimate purpose of the de-
PENDANTS, the court said in this con-
nection was unlawful, their concerted
project an offense against the law
and. 1t added, they were guilty OF
crime.
Coming to the question of the VIOLA
tion Of the courts injunction Justice
Wright said
THAT Gompers and others had In
advance of the injunction deter
mined to violate it If issued and had
in advance of the injunction coun-
selled all members of labor unions
and the American Federation Of
Labor and the public generally to
violate it in case 1t should be issued.
appears from the following, which
references point out also the general
plan and mutual understanding of the
organizations and their various men,
bers."
The court here read a mass of ex-
tracts from the reports of proceed
irigs of conventions of the federation,
representatives of President Gompers,
editorials from the columns OF the
American F'ederationist and the labor
press generally in support of his state
ment that there was a determine
alton to violate.
Later Action of Defendants.
Discussing the actions Of the de-
PENDANTS since the issuance of the in
junction, Justice Wright said:
"Having in mind what may be in
tho foregoing delineation which indi-
Gates that either of the three respon-
dents did before the issuance of the
Injunction deliberately determine to
willfully violate 1t and did counsel
others to do the same, let me now
turn to their sayings and doings since
the decision of Mr.. Justice Gould was
formally announced, and the order OF
Injunction itself put into technical op-
Grafton by giving OF the injunction
bond. On December IT, 1907, the
opinion of the court was filed in the
case; the order of Injunction was en-