The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-03
LABOR LEADERS
ARE IN CONTEMPT
Decree of District Court Is
Upheld
SAMUEL G0MPERS, ET AL
President Gompers Declares That Case
viii Be Fought to the Last Ditch
But Is Silent as to Probable Ap-
peaI-Goes to Washington

Washington, November 2-The district
court of appeals today affirmed the de-
cree of the supreme court of the District
of Columbia adjudging President Samuel
Gompers, Secretary Frank Morrison and
Vice President John Mitchell of the Amer
lean Federation Of Labor guilty of con-
tempt of court In the Buck Stove and
Range company case.
Judge Sheppard dissented from the opin-
ion of the court on constitutional grounds.
The court held that the fundamental
issue was whether the constitutional agen-
cies of the 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
Importance to the cause and added to
the gravity Of the situation, but 1t should
not be permitted to influence the re-
suit.
sIf an organization of citizens. however
large" the court held, may disobey the
| mandates of the court, the same reason
ing would render them subject to indi-
vidual defiance. Both are subject to the
law and neither is above it. If a citizen,
though he may honestly believe that his
rights may have been invaded, may elect
and to what extent he will obey the
mandates Of the court and the require
| ments of the law as interpreted by the
court instead of pursuing the orderly
course of appeal, not only the courts but
government itself would become power
less and society would be reduced to a
state of anarchy"
Cause of Suit.
The action of the supreme court of the
District of Columbia is sentencing Com
pers, Morrison and Mitchell to twelve,
nine and six months Imprisonment In jail,
respectively, was the result of the fail
ure of the three defendants to obey the
order of the court directing them to desist
from placing the Buck Stove and Range
| company of st. Louis, Mo-, on their 'un-
fair list in the prosecution of their boy
colt against the corporation.
| While the name of the corporation was
removed from the unfair list of the Fed
Grafton, Messrs Gompers and Mitchell con-
! tinued to keep alive the boycott by fire.
| quent reference to 1t in the Federationist,
the official organ of the federation.
| Mr.. Mitchell was involved in the trouble
by reason of his membership on the ex-
ecutive board of the federation and be-
cause it was alleged he had made no eff
fort to prevent the adoption of the reso-
luton at the convention of Mine Work
ers of America in antagonism to the
Buck Stove and Range Co.
Result of Boycott.
| The result of the boycott, it was said
was to cause a decline in the business
of the stove and range company of 50
per cent.
The boycott placed by the federation
against the products of the Buck COM
pany grew out of fight made by the
| Metal Polishers union and supported by
| the federation for an eight instead of a
nine-hour day. This was resisted by the
company and the Federationist published
| the name of the Buck Stove and Range
| Co. under the caption I'VE Don't Pat
ronize:"
| The proceedings against the officers of
the federation were begun August 49, 1907,
by the stove and range company.
After comprehensive hearing Justice
Gould of the supreme court of the Dis
trlct OF COIumDld issued temporary IN
| junction, restraining the defendants from
prosecuting boycott on the business and
| products of the Buck Stove and Range
! Co. Later this injunction was made per-
manent.
| In the appeal of the case to the court
| of appeals Of the District of Columbia.
Alton B. Parker of New York appeared
as one of the counsel for the federation
RefRrQuca
and Range Co. continued to April in the
Federationist and in speeches and writ
ings of the defendants, the company hav-
! ing Gompers, Mitchell and Morrison cited
| to appear and show cause why they
should not be punished for contempt of
court.
| Mr.. Gompers had openly intimated
| that he would not be bound by the