Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-09
EXAMINER TO HEAR
CASE AGAINST LABOR
Court ProIongs Contempt Pro-
ceedings Until After Election.
ALBERT HARPER is NAMED
Mitchell Scored by Counsel for Buck
Stove and Range Company.
PARKER LAUDS JUDGE GOULD
Withdraws Request for Trial by Jury
and Declares Clients Believe in
His Fairness-Answer Filed
to Charges.
ALBERT HARPER is NAMED
PARKER LAUDs JUDGE GOULD

TO CnarSeS.
In the case of the contempt proceedings
against Samuel Gompers. John Mitchell
and Frank Morrison of the American
Federation of Labor in connection with
the Bucks Stove and Range Company
today Judge Gould decided to appoint an
examiner to take testimony.
Albert Harper was designated to per-
form that service. Thirty days was given
to each side for the purpose of taking
testimony.
Examiner Harper expects to begin the
hearing next Friday. The meetings will
be held in the office of the Federation of
Labor Typographical Temple.
Judge Parker came into the courtroom
ten minutes in advance of the time set
for convening. Judge Gould did not make
his appearance for quarter of an hour
afterward.
Parker was accompanied by his asso-
ciates in the case, Jackson HI. Ralston
and F. L. Siddons of the local bar. They
presented him to other lawyers with whom
the ex-presidential candidate chatted
pleasantly.
Gompers Mitchell and Morrison also
presented themselves Immediately after
the court came in and were soon en-
gagged in conversation with their counsel.
They were accompanied by other men,
bers of the executive council of the Amer
lean Federation of Labor. Daniel Dav-
export of Bridgeport Conn.,, and W. e.
Sullivan of this city appeared for the
stove company.
Postponement Asked For.
After some preliminary routine business
had been disposed of the contempt case
was taken up. The proceeding was inn
mediattely begun with q request by Sulli-
van for postponement of the case in
order that testimony might be taken.
This application was vigorously opposed
by Ralston and Judge Parker. who asked
for immediate hearing.
Judge Parker announced the withdrawal
of the request for trial by jury. He
said the request had been incorporated
in the petition without consultation. and
that after such consultation yesterday it
has been decided to withdraw that re-
quest.
He said he and his clients would be
willing to have Justice Gould pass on the
application.
Davenport read at length from the petit
tion for the punishment of Gompers,
Mitchell and harrison. and from their
replies He contended there had been an
unions to action in contempt of the court.
He contended that the law had been mis-
stated.
Mitchell was scored by Davenport. The
attorney said that from Mitchelrs an
swer he would have the court infer that
he was in a "comatose state when the
resolution referring to the Bucks Stove
and Range Company was put before the
convention of the United Mine Workers
at Indianapolis.
He declared that although Mitchell pre-
sided and the record showed that he had
ruled on questions arising Immediately
prior and subsequent to the alleged con-
temptuons resolution. Mitchell had an
swered that he had mo recollection of
the matter
Davenport vehemently denied that the
placing of the resolution to the vote OF
the convention was the only act of al
legged contempt charged against Mitchell.
He asserted that a conspiracy had been
shown To exist between Gompers. Mitchell
and Morrison and. facing Mitchell, in
quired II he "hoped to escape the con-
sequences of the acts of his associates"
Parker Praises Gould.
Justice Gould having intimated that he
might refer the matter to a special mas
ter. Judge Parker earnestly requested the
court 10 abandon such an idea. and de-
clared that the la abor. leaders wanted JUS
tice Gould to hear and dispose of the
question.
He paid a glowing tribute to the ability
and fairness of the presiding justice, and
declared that the labor officials were sat
lSiied that he had reached honestly his
conclusion that the Injunction should is.
sue. and that at the outcome of this pro-
ceeding it would be made clear that this
injunction had been obeyed, not because
labor was content with the finding he
said. because it had shown its disconten,
Dy appealing. but because the decision
had been so carefully considered and SC
honestly arrived at.
Judge Parker's Argument.
In urging an Immediate hearing Judge
Parker said
Il have read carefully your honor
opinion in this matter and l appreciate
that your honor has investigated it thor
ouShly and carefully, and that you have
opportunity 10 do absolute justice.
i have served myself in a court where
i have been overruled by my associates
In questions involving labor matters. and
al the same time 1 know that every one
as conscientious and as sure of his
opinion l was of mine.
And now, your honor, want a
chance to be heard before your honor,
and now.
There is no issue here. There is not
single allegation which they make In
which they quote thing written by any
stances where they quote from a part OF
an editorial we ask that the entire edi-
tOrial be submitted
Now once in while they have made
assertions in which they said that from
time 10 time we did such and such things
And this we deny. And. of course. no
judge would think Of Furnishing for con-
tempt for assertions which amount to
conclusions.
They have gone back ten years Uefore
the making of the decree of which they
now say We have been guilty Of contempt
Not all the things which they have said
or they have charged. but the general
assertion that from time to time since
the decree was entered we have been
guilty of contempt, without specifying
the time. Those are denied Therefore
there is no opportunity for any contro-
versy of fact.
I'VE are perfectly willing-we ask fo
the opportunity-to lay before your hono
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