Evening journal., 1909-11-02

useless adjunct Of government. II a clti-
zen, though he may honestly believe that
his rights have been invaded may elect
when, and TO what exten-, he will obey
the mandates OF the court and the re-
quirements Of the law, as interpreted BY
the court instead OF pursuing the orderly
course OF appeal. not only the courts, but
the government itself. would become
poweriess, and society would soon be re-
duced to a state OF anarchy"
Nullifying Court Order.
Justice Van Orsdel emphatlcally states
In his opinion his belief that "the acts
charged were committed by tho defend
ants FOR the express purpose of nuIlifying
the order Of the court, IN the belief that
they were technically avoiding the charge
of contempt" 'The acts OF these de
PENDANTS" he dcduces. taken as a whole,
can produce IN the mind OF any reason
able person but one Impressions con-
corted. wol-planned EFFORT 10 encourage
tho membership OF the American Fedora
tion OF Labor and their friends to disre-
gard and dlsobey the orders OF the court
and 20 create among their followers and
their sympathizers lack OF respect for
the authority and dignity Of tho court"
Vice President Mitchell was charg-
ed with contempt I'm presiding
over convention Of mine workers.
which adopted a resolution placing
Bucks stoves on the unfair list with
penalties for violation by members who
might purchase such stoves, Justice
Van Orsdel says:
"The act charged constituted sep
arate and complete offonse. committed
In oDen and brazon disobedience OF tho
express commands of tn court
Justice Van Orsdel carefully avoids
any reference 20 the plea of the labor
leaders that conviction OF contempt In
the case constituted an abridgement Of
their constitutional rights Of FREQ
speech and a free press.
Dissenting Opinion.
on the other hand, Chief Justice
Shepard, in dissenting. bases his dis
agreement with the majority of tho
court on this ground. holding that tho
{ District Supreme Court was without
3, authority 10 issue the injunction--in
r the broad form which Il was charged
10 that Gompers and his associates VIC.
b lakeland likewise, Was not cmpoV
e cred 20 hold the men guilty of con
"a tempt.
IN al consider" he declared, that IL
a. court had jurisdiction Of the auoje
AZ matter OF tho controversy and 10 q
~ parties. but cannot agree that =
~ ~ Z
g- cree rendered IN excess or the poV,er
n the courts power limited bv exnr,,
OF provision OF the constitution--is mere
erroneous and not absolutely void
IA The chief justice also holds to II
i opinion that tho injunction was m
. operative and without effect pendin
= granting Of bond. Upon the asaump
= tlon that each and all OF the defend
r ants" he stated. COMMITTED some acfi
l. IN violation of the injunction, both a.
't originally issued and as modihed. I an
r OF the opinion that the decree should
d be reversed and the case remandcd
. for trial upon evidence confined TO the
real question involved
o tOpinion Of Justice Robb.
IS Associate Justice Robb delivered an
:. opinion concurrinF in entirety with
q, that OF his coneasue. Justice Van Ors-
del However. he considered one ad.
!. ditional polnt-the question Of whether
y the lower court. I'm adjudging the mei
" guilty of contempt, did not give undul
u consideration 10 the fact that tho labo
Id leaders were actively engaged in boy
lt cotting the Bucks Stove and Rang
q Continued on Second Page.