Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1909-11-05
DISTRICT COURT OF APPEALS AT
FIRMS DECREE SENTENCING
THEM TO JAIL.
WILL CARRY CASE HIGHER R,
Decision States That Labor Head, Nor
rison and Mitchell Cannot Oisobey
Mandate from Bench.
DANGER OF ANARCHY" IS SEEN.

WASHINGTON, D. c., Nov. g
The district court of appeals today af-
firmed the decree of the supreme court
of the District of Columbia adjudging
President Samuel Gompers, Secretary
/ Frank Morrison and Vive President
John Mitchell of the American Fedora
ton of Labor guilty of contempt OF
court in the Buck Stove and Range case.
Chief Justice Sheppard dissented from
the opinion of the court on constitutional
grounds.
Court Must Be Impartial.
The court held shat the fundamental
issue was whether the constitutional
agencies of government should be obeyed
or defed. The mere fact that the de-
PENDANTS were the officers of organized
labor in America said the court, lent inn
portance to the cause, and added to the
gravity of the situation, but it should
not be permitted to influence the result.
If an organization of citizens, how
ever, large" the court held, may dis
obey the mandates Of the court, the
same reasoning would render them sub
ject to individual defiance. Both are
subject to the law, and neither is above
it. If q citizen though he may honestly
believe that his rights have been in
vaded, may elect when and to what ex-
tent he will obey the mandates of the
court and the requirements of the laws
as interpreted by the court, instead or
pursuing the orderly course of appeal,
not only the courts but government itself
would become powerless and society
would be reduced to a state of anarchy"
Under Jail Sentences.
The action of the supreme court of
the District of Columbia in sentencing
Samuel Gompers, John Mitchell and
! Frank Morrison of the American Fed
Grafton of Labor, to twelve, nine and
six months imprisonment in Jail, re
spectively, was the result OF the fall
ure of these three defendants to obey
the order of the court directing them to
desist from placing the Bucks Stove and
Range company of st. Louis, Mo-, on
their unfair list" in the prosecution of
their boycott against the corporation.
While the name Of the corporation was
removed from the unfair list of the fed
Grafton Messrs. Gompers and Mitchell
continued to keep alive the boycott by
frequent references to the corporation IN
the Federationist the official organ of
the federation. Mr.. Mitchell was in
volved in the trouble by reason of his
membership on the executive board OF
the federation and because it was alleged
/
adoption of a resolution at the confer.
ence of the United Mine Workers Of
America in antagonism to the Bucks
| Stove and Range company. The result
of the boycott, it was said, was to cause
decline in the business of the stove
and range company of so per cent.
Grew Out of Union Fight.
| The boycott placed by the federation
against the products Of the Bucks Stove
| ID of or
made by the Metal Polishers' union and
supported by the federation for an
| instead of a 9-hour day. This was re-
! sisted by the company, and the Fedora
ZIONIST published the name of the Bucks
! Stove and Range company under the
The proceedings against the officers of
the federation was begun August 10,
| 1907, by the stove and range company.
After a comprehensive hearing justice
/ Gould of the supreme court of the Dis
trict of Columbia issued temporary in
! junction restraining the defendants from
prosecuting a boycott on the business
| and products of the Bucks Stove and
Range company. Later this injunction
was made permanent. In the appeal Of
the case to the courts of appeals OF
the District of Columbia, Alton B. Park
er of New York appeared as one of the
counsel for the Federation of Labor.
Will Appeal the Case.
Pending an appeal the three defend
ants were allowed to give bail for their
temperance. AS forecasted by Mr.
| Gompers in a recent issue of the FEEDER
ationist. an attempt will be made to APP
peal the case to the United States SUI
preme court The right of appeal, how
ever. is a matter of controversy.
Chief Justice Dissents.
Chief Justice Sheppard in his dissent
ing opinion held to the view that the de-
cree should be reversed, because he was
convinced that the lower court was with
out authority to make the only order
which the defendants, Gompers, Mitchell
and Morrison could be said to have dis
obeyed The chief justice says:
LAS regards the conclusion that this
proceeding must be regarded as criminal
| solely, and in consequence, that the evil
dence on which the conviction rests, can
be considered because not presented in a
bill of exceptions, reserved on hearing
I will content myself with saying that
I am not clearly convinced that it must
| be so regarded.
| 81 have heretofore expressed the opfn-
ion that much of the injunction order
was null and void because opposed to
the constitutional provision concerning
freedom of speech and of the press Sub
| seouent reflection has confirmed this
I view.
Il concede that the court had jurisdic-
ton of the subject matter of the contro-
yersy and of the parties, out [ cannot
agree that the decree was rendered in ac
| cordance with the power of the court-a
| power limited by express provision of the
| constitution"