The morning journal-courier., 1908-09-23
Supreme Court Holds That
Questions Objected to in
Contempt Case Are
Relevant.
PARkER's PLEAS FUTILE
Former Candidate for President. De-
Tending Labor Leader. Says De-
cree Offends Against Right
Of Free Speech.

Washington, Sept. 22--"This Is a
struggle calculated to mike history
with 100000 worklngmen on one
side and the manufacturers on the
other. In the never-ending fight be-
tween capital and labor declared
former Judge Alton 3. Parker, Of
New York once democratic preslden-
tial candidate. just before the District
of Columbia supreme court ordered
President Gompers of the American
Federation of Labor to answer certain
questions asked him In the contempt
proceedings against federation Off
cials. The court, presided over py
Chief Justice Clabaugh, held to be
relevant the questions asked of Mr
Gompers by Attorney Daniel Daven-
port, Of Bridgeport, Conn, counsel for
the Bucks Stove and Range company,
OF ST. Louis, out of whose original
complaint of boycott the present con-
tempt proceeding grew. Testimony IS
being taken before Commissioner iar-
per. Mr.. Gompers refused to answer
a question on the ground that the Sep
tember issue Of the Federatlonist the
organ of the labor federation, appear
ed subsequent to the filing OF the petit
tion In the contempt proceedings aud
therefore could not be held TO have
any bearing on the proceeding. The
case will be resumed before Examiner
Harper Tomorrow
Judge Parker argued for the labor
officials and Mr.. Davenport for the
prosecution, Both sides dealt largely
with the constitutional questions In
volved The chief Justice declined to
follow them into the intricacios of the
case, but based his decision on the
question of practice. He said that the
questions should be answered but that
II any interrogatories Objectionable to
the defense were propounded, counsel
could make objection. The taktg of
testimony will be resumed tomorrow
Presenting Examiner Harper's certlfl-
cation OF the disputed questions, Mr.
Davenport quoted many legal authorl-
ties to show that hls questions had
been regular and should have been an
swered. He argued that II was not
competent for the court to place limit
upon the scope of the testimony before
the examiner He sought TO show that
the expressions In the September issue
OF the Federationlst We're n part of .
conspiracy TO violate Justice Goud's
Injunction decree. which alleged con-
epracy the proceeding in the Bucks
Injunction case is intended to bring to
an end. Developing his conspiracy the
ory, he contnded that any act tend
ing to support that theory should be
shown In the testimony He declared
that the testimony already taken by
Mr. Harper had developed "a most
elaborate comprehensive and intricate
combination to destroy the business OF
the stove company"
Responding to Mr. Davenport. Mr.
Parker discussed the general aspects
of the case, saying that all appreciated
that II Ia not ordinary In It's nature, II
was. he said, struggle that was cal
culated to make history. with the two
million members of the Federation OF
Labor on one side. and the manufac-
turers on the other; with Gompers
Mitchell and others, as the command
ing officers on one side and Van Cleve
as the commander In the opposing
ranks It was the old fight between Ia
Dor and capital---a contest which he de-
clared must GO on to the end Of time.
He also spoke OF the effect OF Judge
Gould's order, declaring that 80 much
OF It as lays on Mr.. Gompers and the
other respondents. q command that they
shall not discuss the injunction decis.
lon Is absolutely void. That portion n
the decree offends against the oonstitu.
tonal provisional against the ahridge.
rnent OF liberty of the press and OF
free speech, and nced not be oheyed."
Closing the arguments for the prose.
cution, Mr.. Davenport contended that
the only point at Issue now was the
relevancy OF his questions to Mr. Comp.
ers He said that such acts as hs6
been resorted to by the Federation ot
Labor TO destroy the business of the
Bucks company are forbidden hv The
laws alike of God and man He de
clared that all the provisions OF the de
cree had been violated and when th,
statement was challenged said the test
imony taken before Mr.. Harper woulc
bear him out.