Omaha daily bee., 1908-09-10
EXAMINER FOR BUCK CASE
Judge Gould Appoints Albert Harper
to Listen to Evidence.
GoMPERs AND MITCHELL ANSWER
AlIege New Issue Has Been Raised
whether Court Has Acted
within Limits Prescribed
by Justice.

WASHINGTON. Sept. s.-In the case Of
the contempt proceedings against Samuel
Gompers, John Mitchell and Frank Morrl-
son OF the American Federation Of Labor,
in connection with the Buck Stove and
Range company today Judge Gould de-
cided to appoint an examiner to take testi-
mony, and William Herbert Smith was
designated to perform that service.
Thirty days was given to each side for
the purpose of taking testimony.
In their answers to the petition Of the
Buck Stove and Range company to have
Samuel Gompers, John Mitchell and Frank
Morrison Of the American Federation OF
Labor punished for contempt on the charge
OF violating the order of Justice Gould en-
Joining them from continuing the boycott
against the stove company by publishing
the name of that company in the I'VE
don't patrordze list" which was filed to-
day In the supreme court OF the District
of Columbia, the three defendants named
asked that the issues be tried before a
Jury and not by Justice Gould alone. Most
OF the specifications Of the petitions relate
to publications in the American Fedora
tionalist, the organ Of federation, OF which
Gompers is editor. and to published ad-
dresses made by him, and his response is
of much greater length than those OF
Messrs Mitchell and Morrison. both of
whom profess ignorance as to the majority
OF the utterances quoted.
For the most part Mr.. Gompers admits
the correctness Of the quotations from his
speeches interviews and editorials. but he
declares that none of them were intended
to be in contempt of any decree Of the
court The principal charge refers to
criticisms Of the injunctioD which were
made by Mr.. Gompers in an editorial pub
lshed in the Federationist in February.
1904. in which he characterized the injunc-
ton as an invasion Of the liberty Of the
press and Of the right of free speech, and
further said 1t would be impossible to COM
ply with all it's terms
New Issue Raised by Court.
Replying to this charge Mr.. Gompers Mr..
Mitchell and Mr. Morrison united in saying
in part:
Answering the seventeenth paragraph OF
the petition this respondent says that the
editorial therein referred to is only TO be
understood properly by being read In It's
entirety and the respondent. for the full
cordents thereof, refers TO the files OF TINS
court He denies that said editorial consti-
tuted in any respect the contempt of court
or that II was in any degree disrespective
of the action Of the court. On the other
hand he says, II contained only such fair
and temperate criticism as he had right
10 indulge in as citizen OF the conduct
of one of the officers OF the BovernmerT
and that the order and decree were never
properly intended to take away from him
his rights as an American citizen. but only
intended to prevent the doing OF acts styled
unlaw.ul and pursuant TO a supposed un-
lawfn conspiracy to irdure. That there
nzyer existed any conspiracy combination.
Agreement or understanding which resulted
in any degree in bringing about the publica-
ton OF said editorial but that the passing
of the decree raised a new issue, to-wit
whether the court had acted within or
without the limits prescribed by justice In
this issue which was one only incidentally
relating to the pending case.
reuuest for a Jury trial is made.