Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-09-22
HUBER SPEAKS OF
TRIALS BY JURY
Carpenters President Declares
Present System of Court
Procedure in Error.
GETTING DOWN TO BUSINESS.
Delegates To Convention Are Seated
And Take Up Work After Debate
Over Credentials.

Delegates To Convention Are Seated
Over Credentials.
William D. Huber. general president
of the United brotherhood of Carpen-
ters and Joiners of America, read his
report covering two years at the morn
ing session Of the convention OF car
penters and ioners being held in Ar
mory hall. The report was produce
tive of much enthusiasm among the
delegates. Especial attention was paid
to the portion of his report relating to.
the demand Of the laboring man for
trial by jury in contempt cases. This
feature of his report was punctuated
with frequent applause and manifesto
tons of hearty approval among the
delegates of It's expressed opinion
the convention opened at $3.50 this
morning with the general officers on
the rostrum. The first order of bust
ness was the report of the COMMITTEES
on credentials. Basing it's action on
constitutional barriers, the committee.
recommended TO the convention that
Delegates Toyne, Van Dyne, Hardness,
ANNiicI ttlli lt' IlOt sNul-
ed. After much debate, however. the
! convention seated the men, and the
business OF the convention proceeded,
after a delay of over an hour in the
debate upon the right of the men
named to act as delegates.
GoMPERs SENDS MESSAGE.
Following the rendition of this report
many communications We're read to the
delegates. Chief among these was a.
telegram from Samuel Gompers, presi-
dent of the American Federation of
Labor. The telegram from him fol-
lows:
In the name of our great trade union
movement, the movement for the up
lifting of American toilers. ] send fra
ternal greetings to You and your as
sembled delegates. May your organi-
zation grow in numbers and power and
become even greater potent force for
the good of your industry. the good of
your fellow craftsmen of all labor OF
all mankind"
The reading of this message from
the head of organized labor at NASH
ington was marked with cheering and
applause.
Following the reading of this and
other communications, the secretary
was directed by the convention 10
send congratulatory kilograms to all
bodies of organized labor in con-
vention assembled in the United
States, among. them the iron workers
and plumbers. who went9in into con-
Hention yesterday
CONVENTION ROUTINE.
4. A. Ellis and Eli Price were Up
pointed wardens and e. Caffal and
Fl. e. Melton We're appointed mes
tsengers for the convention. all being
Salt Lake delegates.
President Huber announced the
appointment of the following com
mittee on rules: Delegates Weldon,
s627: Byrne, 1872: Scott. 331. Garter.
264; +. Breckinbridge, 10
Z The secretary read a communities
.tion from the Salt Lake Federation of
Labor announcing the names of such
electric theaters in this city, which
are on the fair list being regarded
as fair TO the Musician union, and
also list of hotels and restaurants,
who are on the unfair list At the
{ conclusion of the reading of President
Hubers report. the convention ad-
X iourned to meet at 2 o'clock.
THE PRESIDENTS REPORT
Following are portions of the report
of President Huber.
/ wish to speak of the right to trial
by jury in indirect contempt proceed
ings. This is one Of the most VeNed
E uueSI1OnSg tOHlIOHlliiS Us ttS dHioHlS''
and the same considerations of jus
tice which lead tola jury trial upon
a charge of crime. also lead to the
conclusion that indirect contempt II
any. should be by jury and no pun
ishment meted out unless verdict of
guilty was pronounced. \ rev states
now require this, and surely there can
Z be no reasonable objection made to
this mode of procedure.
When a court intiicts Il fine Or DEF
mite term of Imprisonment BY way OF.
punishment for violation OF It's orders,
the case does not differ. It Woufd
seem, from the case of criminal con-
ternpt of court, and regular process
and trial by jury should be required.
II. S. Constitution. paragraph 10, Re-
vised Statutes. confers upon federsl
courts the power 10 punish by me
or imprisonment, at the discretion OF
the court. contempts of their author
.ity.'' and among other things, enum-
Grated contempts are ''disobedience
or resistance" by any person. to any
lawful writ, process. order. rule, de-
cree, or command of said court, And
II has been held a contempt EN-. OF ttie
above quoted description. lis spefiiic
criminal offense.'' Judge Knowles
used this significant language: There
is no limit placed To the extent of |
the fine or Imprisonment
ONE MAN POWER,
Bv this YOU will note the "onc man !
is given a latitude of discre-
ton seldom committed by the lesisia-
lures 10 the judges in criminal cases
1t Is TO be hoped that this discretion,
will always be humaney exercised but
ii appears 10 US that 1t has been abused |
in the past and preuicating future
events. We believe the best way to stop |
it is by trial by jury.
The Overwhelming weight of the most |
enlightened jurists are OF the opinion |
that iuries are more trustworthy to |
determine questions of facts in con
tempt proceedings where the evidence
is conflicting than the judges,
MIR. Justice Miller has said Il am |
willing to give the benefit Of my OBJ
seryations to the public, and say that
Judges are not prominently fitted
over other ninn of good business affairs
to decide upon mere questions of dis
puted facts.
Judge Dillon stated his own strong
in these words: Twelve
good and lawful men are better judges
OF dispute facts thand II learned
judges"
Judge Caldwell, who served on the
bench for So years, said iii was be-
eause the people knew that the judges
sere poor judges OF the facts that they