The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-13
LEADERS Are HELD
DEFIANTLY GUILTY
WASHINGTON APPELLATE COURT
AFFIRMs DECISION AGAINST A.
r. OF L. OFFICIALS - APPEAL
TAKEN TO U. S. SUPREME
COURT.

tff
The long suspense in regard to the
outcome of the appeal of Samuel
Gompers, John Mitchell and Frank
Morrison from a judgment of the SUI
preme court of the District Of Column
bia sentencing them to Imprisonment
in jail for twelve, nine and six months,
respectively, for alleged contempt Of
said court, has reached a hating place
for the present. The court of appeals
Of the district has affirmed the jhdg-
mefit of the lower court and decided
that the sentence must stand.
Grounds of the Decision.
In reaching its conclusion the court
refused to consider the constitutional
questions of free speech, freedom of
the press and the right of trial by
jury, on which the appeal was based,
and concerned itself wholly with the
guilt or innocence of the accused.
Jas in che case of the decision on
the appeal from the civil injunction,
signed by Justice Gould, three opin-
iSns were handed down, Justice Van
Orsdel writing the opinion OFT the court,
Justice Robb concurring in a short
opinion and Chief Justice Shepard dis
senting. psf
II Principle involved
.eTndividual interests" Justice Van
Orsdel said, " dwindle into insignif-
canoe when compared with the higher
principle involved in this cause The
fundamental issue is whether the con-
stitutionaT agencies of government
shall be obeyed or defed. The mere
fact that the defendants are the off,
vers of organized labor in America
lends Importance to the cause and
adds to the gravity of the situation
but it should not be permitted to in
fiuence the result. If an organization
Of citizens, however large, may dis
obey the mandates of the court, the
same reasoning would render them
subject to individual defiance The
one who has no greater right in the
eyes of the law than the other. Both
are subject to the law and neither are
above it.
1--WE have deep sense of the far
reaching Importance of this case.
Three distinguished citizens, leaders
in a great cause for the improvement
and uplift of their fellowmen, with a
larger following probably than was
ever marshaled under a single leader
ship in any phiIanthropic movement,
are at the bar of justice to answer
the charge of disobedience of an or.
der of court of the United States
1--WE are not unmindful of the high
position which the defendants have
attained, sbut their intelligence forbids
any reference or conclusion that the
acts charged were committed by them
in ignorance of their duty to the
courts of their country; hence that
excuse cannot be advanced with con-
vincing force.
1.-THE sole question before us is the
guilt or innocence of the defendants
The high distinction which they have
attained, the fairness or unfairness Of
the Bucks Stove and Range Co. and
the larger organization to which it be-
longs, the National Manufacturers' as
sociation. are not matters to be here
considered.
Neither are we. as a court OF re-
view, permitted to modify or extenu-
ate the extreme penalty imposed.
"The inherent power Of the court
to prescribe an orderly administration
of it's affairs, and to enforce it's orders
and decrees has always been recog-
nized In many instances. as in the
case at bar, punishment for contempt
lis the only means by which the court
can enforce its lawful DEGREES. with
Ia proper exercise of this power the
purpose Of its creation and organiza-
ton is made effective; without 1t, 1t
would become an impotent and use-
less adjunct OF government
/ IF citizen, through he may hon
estly believe that his rights have been
Invaded, may elect when and to what
extent he will obey the mandates Of
the court and the requirements OF the
law as interpreted by the court, In
stead Of pursuing the orderly caurse
Of appeal, not only the courts but the
government itself would become pow
erIess and society would soon be re-
duced to state of anarchy"