The San Francisco call., 1908-12-24


their sayings and doings since the de-
cision of Justice Gould WAS formally
announced and the order of Injunction
itself put into technical operation by
giving OF the Injunction bond. On De
cember Il, 1907, the opinion of the
court was filed in the case; the order
of Injunction was entered on Decem-
Der is; the giving of the undertaking g
required by II was consummated on
December %, and / am disposed now
10 look at the separate conduct of each
respondent with a view of recording
his individual responsibility in sufficient
detail
The court quoted at great length the
attitude taken by Gompers since the
Injunction was issued, his writings, in
terviews and public addresses, and re-
marked:
All OF which was done. all of which
was published, all of which was circu-
lated in willful disobedience and DELHI
crate violation Of the injunction and
for the purpose of melting and accom-
plishing the violation generally, and in
pursuance of the original common de-
sign of himself and confederates, to
bring about the breach of plaintiffs ex-
listing contracts with others, to deprive
plaintiff Of property (the good will of
its business) without due process of
law; restrain trade among the several
states; restrain commerce among the
several states"
MORRISON AND MITCHELL
OF Secretary Morrison, the court de-
clared he had full knowledge of all tina (
was being done. took part in the prep
aration and publication of the American
tederationist of April, 1908, with COM
plete knowledge of its contents.
With knowledge and approval of
the other writings and speakings here
inbefore specified against Gompers, he
iMorrison) took part in the circulation
ana distribution In large numbers of
each and every issue of the Federation
ist containing them, as hereinbefore
specified against Gompers and with the
same purpose and intent"
Concerning Mitchell, the court point
ed to various acts by him which, he
said, placed him within the pale of the
law. He quoted from Mitchelfs book
on Organized Labor Its Problems.
wherein Mitchell declared that it was
the duty of all patriotic and law abid-
ing citizens 10 resist or disregard in
functions when they forbid the doing
of a thing which is lawful
Mitchell was also credited with "sign-
ing with full knowledge the urgent ap-
peal which accompanied the q 600 or
more circular letters TO the various sec
retaries, as heretofore specified against
Gompers and Morrison, and with full
knowledge of their contents, counseling
their distribution, and with the same
purpose and intent
The court also referred TO the pres
ence OF Mitchell in the chair on Janu-
airy 25. 1908, at the annual convention
"
when a resolution was adopted placing
the Buck stove and range company on
the unfair list.
NO DEFENSE OFFERED
Continuing as to all three of the de-
PENDANTS, the court said:
In defense of the charges now at bar
neither apology nor eNtenuation is
deemed fit to be embraced; no claim of
contumacy is heard; persisting in con-
temptuous violation of the order, no de-
fense is offered save the following:
That the injunction Cd infringed the
constitutional guarantee of freedom of
the press, and % infringed the con-
speech
These defenses do not fill the meas
ure of the case. The injunction was
designed to stay the general conspiracy
of which the publication of the unfair
and we don't patronize' lists were but
incidents; the Injunction interferes with
no legitimate right of comment or criti-
cism that the law has ever sanctioned
and the respondents intimation that il
does so is a mockery and pretense"
In regard to the freedom of the press
the court declared that the constitution
nowhere conferred the right to speak.
to print or to publish. 1T guarantees -
said he. that only so far as the federal
government is concerned its congress
shall not abridge il, and leaves the sub
ject to the regulation of the several
states. where IL belongs"
Who can be persuaded" asked the
of false and malicious Iibels upon the
integrity OF honorable men or ISLANDERS
upon the virtue Of chaste women is an