New-York tribune., 1909-11-03
AGAINST G0MPERS
SENTENCE AFFIRMED.
appellate Court Holds 4. f.
l.. Leaders in Contempt.

peals Of the District of Columbia to-day
affirmed the decree of the Supreme Court
OF the District adjudgng President Samuel
Gompers. Secretary Frank Morrison and
Vice President John Mitchell of the Amer
ioan Federation of Labor guilty of con-
tempt Of court in the Bucks Stove and
Range case Chief Justice Sheppard dis
sented on constitutional grounds.
The Court held that the fundamental issue
was whether the constitutional agencies of
government should be oheyed or defed The
mere fact that the defendants were the ofii-
GERS of organized labor in America, said the
Court. lent Importance to the cause and
added 10 the gravity OF the situation, but
& should not he permitted TO influence the
result. The opinion continues:
II an organization of citizens. however
large NAV disobey the mandates of the
court. the same reasoning would render
are subject to the Law and neither Is above
81 II a citizen, though he may honestly
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 courts instead of pursuing the orderly
course of appeal not only the courts. but
the government itself would become pow
erless and society would be reduced TO
state of anarchy.
CHIEF JUSTICE DISSENTS.
opinion held that the decree should he re
versed because he was convinced that the
lower court was without authority to make
the only order which the defendants Com
pers. Mitchell and Morrison could be said to
have disobeyed. He said:
AS regards the conclusion that this pro-
ceeding must be regarded as criminal sole
ly. ana. IN consequence. that the evidence
on which the conviction rests can be con-
sidered because not presented in bill Of
exceptions. reserved on hearing. ] will
content myself with saying that [ am not
clearly convinced that it must be so re-
garded.
I have heretofore expressed the opinion
that much of the injunction order was
null and void because opposed to the con-
stitutional provision concerning freedom
- Of speech and of the press. Subsequent
reflection has confirmed this view.
] conceded that the court had jurisdiction
Of the subject matter OF the controversy
and Of the parties. but I cannot agree that
the decree was rendered in accordance
with the power of the court-a power linn
tied by express provision Of the Constitu
tion.
Frank Morrison, the only one of the de-
PENDANTS now in Washington, while disap-
pointed by the adverse decision Of the
court, declared that he found much consola-
ton in the dissenting opinion of the chief
Justice
Ralston & Siddons who, with Alton r.
Parker. of New York. are counsel for the
labor leaders, had not fully digested the
opinions OF the Appellate Court, and were
not prepared 10 talk for publication.
When the decision was rendered neither
the labor leaders nor their counsel were in
court. AS forecast by Mr.. Gompers in a
recent issue of THE Federationist," an at
tempt will he made TO appeal the case 70
the United States Supreme Court The
right of appeal, however, is matter of con-
troversy. Some attorneys hold that as this
decision finds the contempt 10 have been a
criminal offence. the Court Of Appeals would
have the last word il has in all criminal
cases in the District Others. however.
contend that as the constitutional right of
free speech and liberty of the press is in
volVed. the labor leaders may prosecute an
appeal No action will be taken iowa ri
the arrest of the men until the question of
al appeal has been determined.
THE BUCKS STOVE CASE
The Bucks company's prosecution of
Nessrs. aGompers. Mitchell and Morrison.
Is officials % the American Federation OF
Labor began in August. 1907. in connection
with strike of thirty-six metal polshers
for a nine hour instead of ten hour day
When the demand was refused the Metal
Folishers' Union declared a boycott. and
the boycott general throughout the coun-
t-y. The original action was a test ca Sc
wherein it sought TO prevent labor
unions from using the unfair and we
don't patronize' lists in their fights against
firms and individuals. At the hearing it
was brought out that the Bucks company 5
business fell off 20 per cent as the result
of the action of the federation Justice
Gould. of the Supreme Court of the Dis
trict Of Columbia. issued an Injunction.
later made permanent by Justice CIabaugh
forbidding the publication of the cornpanv's
name in these lists. President Gornpers in
En- editorial published in The American
Federationist' in January. 1905. announced
his intention Of disobeying the Injunction OF
the ground that it was in derogation of the
rights of labor and an abuse of the power
of the boycott.
In the mean time the case had been taken
tn the Court Of Appeals The action of the
labor men continued, and finally last fal
they were cited by the stove company Ia
appear and show cause why they should
not be punished for contempt of court
Justice Wright, OF the Supreme Court OF
the District Of Columbia. found them guilty
on December q Of last year and sentenced
Mr.. Gompers to twelve months I'm iai
Mr.. Mitchell 20 nine months and Mr.. Nor.
rison 10 six months.
Justice Wright's decision was scathing
denunciation of the defendants He recited
the conditions anteceding the Injunction
and referred to the fact that for twenty
five years the Bucks plant had operated as
q ten-hour shop and always had main
tained an open shop" He also spoke of
the numerical strength of the American
Federation Of Labor, with its two million
members. and OF its repeated Endorsement
of the boycott of the Bucks Stove and
Range Company through the federation S
Official organ, speeches by he defendants.
letters. circulars. etc. The Court referred
10 the use Of the We don't patronize'
.iist and Unfair list OF :he labor or
ganization and said that members were
forced and coerced into supporting IL
whether individually willing or unwilling.
approving on disa approving" by various
methods. The Court read extracts from
numbers OF resolutions Of labor organiza- -
tions bearing on the Bucks as tend