The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-11-02
JAIL SENTENCE
of LABOR LEADERS
IS AFFIRMED
Gor1pers, Mitchell
and Morrison
Must SerDe
tBy United Press.)

WASHINGTON, .. c., Nov. 2.-!F
an opinion to-day the Court of Appeals
of the District Of Columbia affirmed
the Judgment of Justice Wright of the
Supreme Court of the District of CO
Tumbia in imposing jail sentences on
President Gompers, Vice President
Mitchell and Secretary Morrison Of
the American Federation Of Labor, for
contempt of court in violating the In
junction in the Buck Stove Range Co
dase.
The sentences are, eompers, ons
year; Mitchell, nine months; Morrison,
six months. The opinion was render
ed by Associate Justice Van orsdcI
and coneurred in by Justice ROBE,
Chief Justice Sheppard, dissenting.
Van orsdel s'1id: "IndfviduaI interests
dwindle into inslsnifieanee when COR.
pared with higher principles invor"ea
in this cause. The fundamental issue
is whether constitutional agencies Of
government shall be obeyed or defied.
The fact that the defendants are Off
GERS of organized labor of America
lends importance to the cause and
adds gravity to the situation, but II
shouldn't Influence the result.
"If an organization of citizens, no
matter how large, disoheys the man
dates Of court, the same reasoning rem
ders them subject as Individual def
ance; one has no greater right in the
eyes Of the law than the other.
"Both are subject to the law, nsitI
err are above"
eompers and Mitchell are in New
York., Morrison is in this city.
All are under bond. Gompers has de.
cEared he would appeal to the Supreme
Court.
The case of today grew out of the
Federation placing the Bucks stoV'
Company on ave don't patrcnize" Ila'
In the monthly organ, following fall
ure to adjust dispute with the Metal
PoIishers Stove Co. The company Sc
cured an injunction and the puhIiea'
tion was stopped but Gompers and 9TH
ers attacked the company in speeches.
The Jail sentences followed afte"
seathIna decision by Wright.
The decision continues that tie
court realizes the far reaching I'M
portanee of the case and Is not un.
mfndfuI of the high position of the de:
PENDANTS but their intelligence forblds
any inference or conclusion that the
acts charged we're committed in iGnO-
rance of duty to the courts. 1t con-
tinues that the sole question before
the court is the guilt or innocence Of
fhe defendants Justice Van orsdel
states the belief that the defendants
committed the acts charged ''for the
express purpose of multiplying the court
order in the belief that they were tseh-
nlcaIIy avoiding the charge of con
tempt" He says the acts produce hui
one Impression, concerted, we'll plHr'
ned effort to encourage the member
ship Of the Federation of Labor to dis
regard and dlsObey orders Of court and
create lack Of respect for the author
ity and dignity Of The Court"
OF Mitchell, who presided over tic
miners convention, placing the Stove
Co. on the unfair list, the justice says
'the act constituted separate and
complete offense committed in open
and brazen dlsobedience to the COM
mands of the Court" Justice shep-
pard based his disagreement on the
grounds that the district court hadn't
authority to issue an injunction on the
broad grounds the defendants "e'e
charged with violating.