The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-12-24
GIVEN | o.
PRISONMENT
.Gvompers, Mitchell and Morri=
son Guilty Of Contempt.
INJUNCTION CASE DECIDED

Dor Leaders Violated Mandamus of
Judge Gould in Buck Stove and
Range case-Defendants Appeal
From Decision.
Washington, Dec. 24.-The famous
contempt case of the Buck Stove and
Range company against President
.Gompers, Vice President Mitchell and
Secretary Morrison of the American
Federation of Labor was decided by
Justice Wright of the supreme court
of the District Of Columbia adversely
to the Federation of Labor officials.
Qompers was sentenced to twelve
months Imprisonment, Mitchell to
nine months and Morrison to six
months E-~... 49,.
Pending the taking of an appeal
to the court of appeals of the District
of Columbia all three defendants were
released on bail, the amount being
fixed as follows, Gompers $4,000,
Mitchell $4,000 and Morrison $4,000.
A local surety company furnished the
bonds. .--."3:.-
Each Of, the defendants, before SEN
tence was passed upon them, made
statements in response to the usual
inquiry If they had anything to say.
The case grew out of the alleged
boycott of the. company's products
end the putting of that company on
the unfair list and the federation's al
legged violation of Judge Gould's re-
cent mandamus has attracted wide at
tention. --.--
The Buck 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
unfair" and eve don't patronize"
lists in their fight against firms and
individuals. Justice Gould of the SUI
preme court of the District of Colum-
bia 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 JAN
uary last, made known his intention
not to obey the courts order, contend
ing that the Injunction issued was in
derogation of the rights of labor and
an abuse of the injunctive power of
the courts. Gompers, Mitchell and
Morrison subsequently were cited for
contempt and this phase Of the case
has been before the court for many
months, the proceedings taking the
form of a hearing of testimony before
an examiner and many arguments.
Court Denounces Defendants.
Judge Wright's decision was a
scathing denunciation of the defend
ants. He recited the conditions ante
ceding the injunction and referred to
the fact that for twenty-five years the
Buck plant had operated as a ten-hour
shop and always had maintained an
"open shop" He also spoke of the
numerical strength of the American
Federation of Labor, with it's 100000
members, and of it's repeated endorse
ment Of the boycott of the Buck Stove
and Range company through IT, the
American Federationist, the. fedora:
tons official organ, 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 we're
forced and coeroed into supporting it
whether individually willing or I'M
willing, approving or disappearing"
by various methods. The court read
extracts from numerous resolutions of
labor organizations bearing on the
Buck case as tending to show the
methods of influencing members of
unions "and these Methods" the court
remarked, "seem to be known as per
suasion.'" The customers of the
stove company, the court said, had
been intimidated, browbeaten and
coerced out of their business relations
with their customers "by direct inter
ference with and boycott of their (the
customers) trade relations with their
own customers and the public gener-
ally" .-
Following an exhaustive discussion
Of conspiracies in restraint of trade
Justice Wright said:
"From the foregoing it ought to
seem apparent to thoughtful men that
the defendants to the bill, each and
all of them, have combined together
for the purpose of: q
First Bringing about the breach
Of plaintiffs existing contracts with
others. -.> :, ..s.
"Second-Depriving plaintiff of
property (the value of the good will
of It's business) without due process
of law. Ii. ) #. .~zr r
Notwithstanding trade among
the several states. ..@.
'"Fourth-Restrainin commerce
among the several states"
The ultimate purpose of the defend.
ants, the court said in this connec-
tfon, was unlawful, their concerted
project an offense against the law and,
it added, they were guilty of crime.
Heney at the White House.
Washington, Dec. 24.-Francis J.
Heney, special San Francisco graft
prosecutor, called at the White House
and was welcomed by the president.
BOOKS PRODUCED IN COURT
Morris Packing Company Under In
vestiuation at CHICAGO,