Fort Mill times. [volume] (Fort Mill, S.C.) 1892-current, 1908-12-31

design of himself and confederates,
to bring about the breach of plain
tiff's existing contracts with others !;
deprive plaintiff of property (thc
good will of its business) without
due process of law; restrain trade
among the several States; restrain
commercea mong the several StatesvSt
AS to Secretary Frank Morrison
Court declared that he had full
knowledge of all that was being
don't, COX part in the preparation
and publication Of the American
Federationist of April, 1908, with
complete knowledge of its contents.
Concerning Mitchell the Court
pointed to various acts which, he
said, placed him within the pale of
tho law.
Vital Questions Involved.
Continuing as TO all three of the
| defendants the Court said:
| In defence of the charges now ut
Bar neither apology nor extenuation
is deemed fit to be embraced; no
claim Of unmeant contumacy is
heard; persisting in contemptuous
violation of the order, no defence is
i saw tutSt.
"That the injunction (1) infring-
ed the constitutional guaranty of
freedom of the press and (2) in
fringed the constitutional guaranty
of freedom of speech"
| In. connection with the considera-
tion of the contention that the in
| junction invaded the right of free
speec and of the press the Court held
in part:
"The position of the respondents
involves questions vital to the preser-
walton of social order, questions
which smite the foundations of civil
government, and upon which the su-
pemacy of the law over anarchy and
riot verify depend''
In the opinion of the Court even
where tribunal had fallen into er-
ror in the determination of cause
which was invested with iurisdic-
tion to "hear and determine" the
duty and necessity of obedience re-
mained nevertheless the same.
The Law Rendered Null.
| "Before the injunction was grant
ed these men announced that neither
they nor the American Federation of
Labor would obey it; since issued
they have refused to obey it; and
through the American Federation of
Labor disobedience has been SUCCESS
fully achieved, and the law has been
made to fail; not only has the law
failed IN its efforts to arrest wide
spread wrong, but the injury has
| grown more destructive since the in
junction than it was before. There
IS studied. determined defiant con-
flict precipi e in the light of open
day betwes the decrees of tribu-
nal ordai9ARay the Government of
the Fede( "a. and the tribunals
OF anothe iHtion grown np in
the law. or the other 'Pt.st ss.>
cumb, for those who woAS mlaw
the law are public enemies"
In passing sentence Oil the, defend
ants the Eourt said
1t would seem not inappropriate
for such a penalty as will serve to de.
ter others from following after such
outlawed examples, will serve to yin.
dicate the orderly power of judicial
tribunals, and establish over this liti-
CATION the supremacy of law'
| HISTORY OF the Case.
The Bucks Company prosecution
of the officials of the Federation be-
gan in August, 1907. The original
action was q test case wherein it was
sought to enjoin the labor unions
from using the ''unfair" and "we
don't patronie" lists in their fghl
against firms and individuals. JUS
tice Gould of the Supreme Court OF
the District of Columbia, issued an
injunction which was later made per-
manent forbidding the publication
of the company's name in these lists.
President Gompers in an editorial in
"The Federationist of last Janu-
ary, made known his intention not to
obey the Court IS order, contending
that the injunction issued was ir
derCgation of the rights of labor anG
an abuse Of the injunctive power OF
tho Courts.
Gompers, Mitchell and Morrison
subsequently were cited for con.
tempt, and this phase Of the case has
been before the Court for many
months, the proceedings taking the
form of n hearing of testimony be-
fore an examiner and many argu.
ments.
Roosevelt Asked to Interfere.
Whether President Roosevelt will
take any action, as he has beer
uregd to do in kilograms received
from different labor organizations
throughout the country, in connec
tion with Judge Wright's decision
has not been decided
Over Seven Millions Disappears in