Evening star., 1909-04-19
PARKER ARGUES CASE
Excessive Punishment Melted
. to Labor Leaders, He Holds.
CITES TAFT DECISION
No Sentence for Contempt Over Six
Months Before, He Says.
y. M. BECK ADMITTED TO BAR
Will Argue for Bucks Stove and
Range Company Against Ap-
peal of Gompers.
]. M. BECK ADMITTED TO BAR


Judge titon B. Parker Of New York
today opened the argument Of counsel he
fore the District Court Of Appeals al the
hearing on the apreal of Samuel Com
pers president Of the American Fedora
tion of Labor; John Mitchell, its vice
president. and Frank Morrison. its sccre-
tary. from the sentence of Justice Wright
of the District Supreme Court. imposing
jail Imprisonment of one year. nine
months and six months. respectively, on
the labor men named. for alleged viola
ton Of an injunction Of the District Su-
preme Court in favor of the Bucks Stove
and Range Company of St. Louis. No.
At the request of Attorney Jackson IL.
Ralston of counsel for the labor leaders.
Chief Justice Shepard removed the limit
of two hours side placed by the rules
of the court on the arguments of counsel.
The time or argument is therefore un-
limited. The hearing will probably take
portion Of tomorrows session.
Former Assistant Attorney General
James NJ. Beck. who is to make the clos
ing argument in favor of the finding of
Justice Wright, appeared for the first tIre
in the District Appellate Court. He was
admitted TO practice on motion of Attor-
ney Ralston, and took the oath in open
court before Judge Parker began his ad-
dress to the court.
Mrs. Charles Mercer Hall. daughter of
Judge Parker. was an interested auditor
at todays session. and paid strict atten-
ton TO the arguments Of her distinguished
father and his adversaries. Mr. Gompers
and Mr.. Morrison were both present. as
were other local labor men.
Attorneys j. j. Darlington, Daniel Dav-
enport and James NJ. Beck, representing
asked the court 10 dismiss the appeal of
Gompers, Mitchell and Morrison. claim
ing that 1t was improperly presented. No
action was taken on the motion hearing
on e motion being merged with the
guments on the merits of the appeal.
His Most Important Case.
This is perhaps the most important
case in which have ever been engaged"
said Judge Parker. in beginning his ad-
dress to the court. Little in the way Of
dollars and cents is involved. il is true.
but on it depends the punishment and
disgrace of three men. well known tn
your honors. whose private lives are
without blemish and who have following
not exceeded by any man outside of po-
litical life
After an extended eulogy of Mr.. Com
pers, Judge Parker called the courts at
tention to the fact, as claimed by him.
that the term of one years imprisonment
imposed by Justice Wright upon Mr. Com
pers is unprecedented.
And this sentence is imposed" he said.
without the court being able to place It's
finger on one single overt act committed
after the order went into effect to further
continue the boycott"
| imposed by the sentences. Judge Parker
| uec.-ied that the history of the courts
showed no sentence for contempt in ex-
| cess of six months. Such term of i'm
L y,ryc tvr,r.. lxy
Judge Taft on Phelan in connection with
the Debs cases.
| Here he quoted at length from Judge
Taft's remarks when passing sentence
on Phelan. in which the court referred 10
the fragrant violation in that case of the
courts order. Another siX-month term.
Judge Parker said, had been imposed in
the case of man who assaulted court
officer in open court.
Judge Parker called attention to the
action of the legislatures in several states
which have enacted laws curtailng to
from ten to thirty days the punishment
to be inflicted for contempt of court.
Attorney J. j. Darlington will make the
opening statement for the appellee. TO ba
followed by former Assistant Attorney
General Beck. The case of the labor
leaders will be closed by Attorney jack
son Ii. Ralston.
Contention of Labor Leaders.
Gompers and his associates claim that
Justice Wright erred in cOndemnlng them
to such terms Of Imprisonment as to
constitute want of due exercise of judi
cial discretion. They also assign errors
as TO matters preceding the injunction
order becoming effective. and as to events
occurring after the injunction became ef-
fective.
The court also erred. it is claimed, In
adjudging contempt as 10 the void part
Of the decree. which prohibited freedom
of speech and of the press, whether for
an illegal purpose or not, also in finding
that after the date of the decree of in
junction signed by Justice Gould any or
the defendants had taken any step what
ever in the prosecution of an illegal boy
cott
Counsel for the Bucks Stove and Range
Company, in their brief, refute. they
claim, all the assignments Of error made
by the labor attorneys, and declare That
the court acted within its discretion in
imposing the sentences complained of and
its decision should not be disturbed.
In addition, they say the appeal itself
fshould be dismissed, because the judg-
ment of the lower court is revieWabie by
writ of error only and not by appeal. be-
cause the record contains no bill Of eN-
ceptions or agreed statement or other
basis for review Of the judgment and be-
cause the appeal presents no case suS-
ceptibIe of review by the court on tho