Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-11-02
Gompers, Morrison and
Mitchell Lose in High
or Court.
ONE JUDGE DISsENTS
Opinion Holds Question Merely
One of UphoIding Majesty
of the Law.

Washington, Nov. 2.-Tbe district
court of appeals today affirmed the de-
cree of the supreme court of the Dis
trfct of Columbia adjudging President
Samuel Gonpers, Secretary Frank
Morrison and Vice President John
Mitchell of the American Federation
of Labor guilty Of contempt of court
in the Bucks Stove and Range case.
Chief Justice Sheppard dissented from
tional grounds.
LnbOr Issue Not Involved.
The court held the fundamental is
sue was whether the constitutional
agencies of the government should be
obeyed Or defed. The mere fact the
defendants were officers OF organized
labor in America, said the court, lent
Importance to the cause and added
to the gravity Of the situation but it
should not be permitted to influence
the result
Would Apply 10 Individual.
IF an organization of citizens, how
ever large" the court held, may dis
obey the mandates of the courts. the
same reasoning would render them
subject to individual defiance. Both
are subject to law and neither is above
it. If a citizen, though ne may hon
estly believe his rights have been in
vaded, 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 an orderly course
OF appeal, not only the courts but the
government itself would become pow
erless and society be reduced to d
state OF anarchy.
Kept ON Unfair List.
The action Of the supreme court Of
the District of Columbia sentencing |
GOmpers, Mitchell and Morrison to II, /
8 and months Imprisonment in jail, |
respectively, was the result Of the /
failure of these defendants to obey the .
order Of the court directing them to .
desist from placing the Bucks Stove SC
Range company of st. Louis on their /
unfair list In prosecution Of their |
boycott against the corporation.
Grew Out of s-Hour Fight.
The boycott placed by the federation
against the Bucks Stove & Range
company grew out of a fight made by
the metal polishers' union and support
ed by the federation for an S-hour In
stead of a 9-hour day. This was re-
sisted by the company, and the Fed
erationist published the name Of the
company under the caption I'VE Don't
Patronize."
Injunction Was Secured.
Proceedings against officers Of the
federation were begun Aug. 10, 1907,
by the company. An injunction against
the boycott was issued by the supreme
court of the District of Columbia The
case went to the court of appeals of
the District Of Columbia. References
to the company continuing in the Fed
erationist in the speeches and writings
Of the defendants, they were cited for
contempt. They were found guilty
and sentenced to imprisonment in the
district jail, but were released on bail.
modified Decree.
Last March the court of appeals mod,
flied the district supreme courts IN
junction decree by adding to the IN
junction the words TN furtherance OF
said boycott" This modification was
looked upon by attorneys for the de-
fendants as materially affecting the
for contempt They claim ;
ed that had these words appeared In |
the original Injunction the contempt !
never could have been de- ,
cided against them. {
The labor leaders will probably at !
tempt to appeal the case to the United !
States supreme court, but in some ]
quarters there is some doubt as to the
right OF appeal.
Holds Authority Lacking.
Chief Justice Sheppard, In his dis !
sentine oninion held the decree shnnId