The Birmingham age-herald., 1908-12-24
Steele-Smlith


 the court said, had been intimidated, brow-beaten and coerced out of their bus mess relations with their customers by direct interference with and boycott of their Cthe customers) trade relations with their own customers and the public gen erally.a
 Conspiracies Discussed.
 Following an exhaustive discussion of conspiraces 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.
 T. Of bringing about the breach of plaintiffs existing contracts with others.
 "2. Depriving plaintiff of property (the value of the good will of it's business) without due process of law.
 "3 Restraining trade among the several states.
 A. Restraining commerce among the several states"
 Pending an appeal to the United States court of appeals of the District of Colum- ba all three defendants were released on bail. the amounts being fixed as follows
 Gonpers $5OOO Mitchell s40OO and Morri- son S3OG0.
 A local surety company furnished the bonds.
 Each of the defendants before sentence was passed on him made a statement in response to the usual inquiry if he had anything to say.
 Purpose of Defendants.
 The ultimate purpose of the defendants. the court says in this connection, was un- lawful, their concerted project an offense against the law, and it added they were guilty of crime.
 Coming to the question of the violation of the courts injunction Justice Wright said: That Gompers and others had in advance of the injunction determined to violate it if issued and had in advance of tie injunction counseled all members of the labor unions and of the American Federation of Labor unions and of the American Federation of Labor and the public generally to violate 1t in case it should be issued appears in the following which references point out also the gen. eral politics and mutual understanding of t1e organizations and their mutual un- derstanding"
 The court here read a mass of extracts from reports of proceedings of conventions of the federation, reports of President Gompers' editorials from the columns of the American Federationist and the labor press generally, in support of his state mtnt that there was a predetermination to violate. Discussing the actions of the defendants since the issuance of the in- junction, Justice Wright said: Action of Defendants. Having in mind what may be in the foregoing delineation which indicates that either of the three respondents did before the issuance of the injunction deliberately determine to wilfully violate it and did counsel others to do the same, let me now turn to their sayings and doings since | the oecsion of MT. Justice Gould was l formally announced, and the order of in- | junction itself put into technical operation i by the giving of the injunction bond. On Deceml CT 17, 1907, the opinion of the court | was filed in the case. the order of in- junction was entered in in December IS; the giving of the undertaking required by it was consummated on Decent Der 23, and 1 am disposed now to look at the separate ccnd, ct of each respondent with view os recording his individual responsibility in sufficient detail.'
 The court after quoting at great length the attitude taken by MT. Com pers since the injunction was issued, his writings. interviews and public ad dresses, remarked:
 "All of which was done, all of which was published, all of which was cir culated in wilful disobedience and de- liberate violation of the injunction and for the purpose of melting and ac- complishing the violation generally and in pursuance of the original com mon design of himself and confeder- ates, to bring about the breach or plaintiffs existing contracts with oth- CTS to deprive plaintiff of property (the good will of it's business), without due process of law, restrain trade among the several states, restrain commerce among the several states.
 As to Secretary Frank Morrison, the court held that he had full knowledge of what was being done, took part in the preparation and publication of the American Federationist of April, 1908, with complete knowledge of Its contents.
 Specified Meetings.
 with knowledge and approval of the other writings and speakings here inbefore specified against Gompers, he (Morrison) took part in the circula- tion and distribution in large num- bers of each and every issue of the Federationist containing them as here in -efore specified against Gompers and with the same purpose and intent"
 Concerning Mitch ell, the court point ed to various acts by him which, he said placed him within the pale of the law. He quoted from Mitchell's book on "Organized Labor. Its Problems Purposes and Ideals" certain para graphs wherein Mitchell declared that it was the duty of all patriotic and law abiding citizens to resist or disregard injunctions wh en they forbid the do- ing of a thing which Is lawful. Mitch ell also was credited with signing with full knowledge the personal ap peal" which accompanied the 27,000 or more circular letters to the various as heretofore specified A gainst Gompers and Morrison and with full knowledge of their contents, thu cir distribution and with the same purpose and intent"
 The court also referred to the pres ence of Mitchell in the chair on Jan uary 25, 1908, at the annual conven- ton of the United Mine Workers of America. when a resolution was adopt ed placing the Buck Stove and Range company on the unfair list"
 Violation of Order.
 Continuing as to all three of the de- fendants the court said:
 .'In defense of the charges now at the bar. neither apology nor extenua-