The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-24
PRISON SENTENCE FOR
THREE LABOR LEADERS
Continued from PAGE

Continued from Page 1.
(the customers) trade relations with their
own customers and the public generally"
| Following the exhaustive discussion of
eonSplracies in restraint OF trade, Justice
/ Wright said:
From the foregoing it ought to seem
apparent to thoughtful men that the de-
PENDANTS to the bill, each and all of them,
have combined together for the purpose
! of:
''First-Bringing about the breach of
I PLAINTIFFS existing contracts with others.
| SecOnd-DepriVing plaintiff of property
! (the value of the good viii of its business)
without due process of law.
Understandings trade among the
| several states.
Notwithstanding commerce among
| the several states"
The ultimate purpose of the defendants.
the court said in this connection, was I'M
| lawful, their concerted project an offense
against the law. and il added they were
guilty OF crime. Coming 10 the question
/ OF violation of the courts injunction JUS
tfce Wright said:
Violation of Injunction.
In that Gompers and others had in ad-
vance of the injunction determined TO vio-
/ late il if issued and had in advance of
/ the Injunction coUnselled all members of
labor unions and the American Federation
Of Labor and the public generally to vio-
1 late it in case it should be issued. ap-
pears from the following. which reference
point out also the general plan and mu-
tual understanding of the organizations
and their various members"
/ The court here read "A mass of extracts
| from reports of proceedings Of conventions
OF the federation, reports of President
the American Federationist and the labor
press generally in support of his statement
that there was a predetermination to vio-
/ late.
Actions of Defendants.
/ Discussing the actions of the defendants
since the issuance OF the injunction, JUS
/ tice Wright said:
Having in mind what may he in the
/ foregoing delineation which indicates that
! the issuance of the Injunction deliberately
! determine to wilfully violate it and did
counsel others TO do the same. let me now
turn to their saying and doings since the
| decision of Justice Gould was formally
/ announced, and the order of injunction
itself put into technical operation by Civ
/ ing of TIE injunction bond. On Dec II.
/ 1857, the opinion OF the COURT was filed
] in the case; the order of injunction was
| entered on Dec. Is the giving of the un-
| dertaking required by il was consum-
mated. on Dec. %, and | am disposed now
to look at the separate conduct of each
: respondent with a view of recording his
individual responsibility in sufficient de-
/ tail.
Gompers and Morrison.
The court quoted at great length the at
junction was issued. his writings. inter-
views and public addresses. and remarked:
/ 'All OF which was done, all of which
! was published, all OF which was circulated
in wilful disobedience and deliberate viola
/ ton of the Injunction and for the purpose
/ of melting and accomplishing the viola
ton 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 deprive plaintiff OF property (the good
of
! law: restrain trade among the several
states; restrain commerce among the sew
( eral states
! As to Secretary Frank Morrison, the
! court declared that ne had full knowledge
of all that was being done. took part in
! the preparation and publication of the
/ American Federationist of April, 1888, with
| complete knowledge of its contents.
/ with knowledge and approval OF the
other writings and speakings hereinbefore
/ specified against GOmpers. he (Morrisonl
took part in the circulation and distriDu-
| ton in large numbers of each and every
/ issue of the FederatiOnist containing
/ them, as hereinbefore specified against
tGompeEs and with the same purpose and
intent"
! Mitchell's Participation.
! Concerning Mitchell the court pointed
| to various acts by him. which. he said
placed him within the pale of the law. He
quoted from Mitchelfs book on Organ
/ lied Labor It's Problems, Purpose and
/ Ideal certain passages wherein Mitchell
declared that it was the duty of all patri-
| otto and law-abiding citizens to resist or
( disregard injunctions when they forbid
| the doings of a thing which is lawful
| Mitchell was also credited with signing
with full knowledge the urgent appeal
! which accompanied the 1900 or more cir
cuiar letters to the various secretaries as
/ heretofore specified against Gompers and
/ Morrison and with full knowledge of their
contents. counselling their distribution,
/ and with the same purpose and intent.
Tho oorrr also rafprrod IN tho r,raca1oa
I of Mitchell in the chair on Jan. %. 1905.
I at the annual convention of the United
! Mine Workers of America, when a resoIu-
ton was adopted placing the Buck Stove
& Range company on the unfair list
Defendants Made No Apology.
Continuing as to all three of the defend
ants. the court said:
In defense OF the charges now at bar
neither apology nor attenuation is deemed
fit to be embraced. no claim of unmeant
oontumacy is heard; persisting in con-
temptuous violation Of the order no de-
tense is offered save these: That the in
| junction CirsD infringed the constitutional
guaranty Of freedom of the press and
| tsecond) infringed the constitutional guar
l anty of freedom of speech
, These defenses do not fill the meas
IRE of the case; the injunction was de
signed 10 stay the general conspiracy OF
which the publication of which the 'un-
4 fair and we don't patronize' lists were
/ hut incidents, the injunction jnterfcres
with no legitimate right of criticism Of
comment that law has ever sanctioned
and the respondents intimatiCn THAI it
| does so is a mOckerv and pretense.'
In reference to the freedom of the
press. the court declared that the con-
stitution nowhere conferred the right 10
speak. 10 print or TO publish. 1T guar
antees.' said he. only that in so far as
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