The Daily Missoulian., 1909-11-03
DISTRICT COURT OF APPEALS
AFFiRMS RULING or DIS
TR,cT TRIBUNAL.
LEADERS IN CONTEMPT
Opinion Of Majority of Justices Holds
Samuel Gompers. Frank Morrison
American Federation, Guilty in Buck
Stove & Rang. Company Matter.

4 Washington, Nov. 2-The district
court Of appeals today affirmed the
l decision of the supreme court Of the
District Of Columbia adijuaging Prasi
dent Samuel Gomrers. Secretary Frank
Morrison and Vice President John
4 Mitchell Of the American Federation
Of Labor guilty of contempt Of court
in the Buck Stove 4 Range case.
Chief Justice Sheppard dissented
from the opinion OF the court on con-
stitutionai grounds.
/ The court held that the fundamental
issue was whether the executive
/ agencies Of government should be
obeyed or defied. The mere fact that
the defendants We're the officers of
| organized labor In America. said tho
court lent Importance to the cause
and added to the gravity Of the sItua-
tion. but II should not be permitted
to Influence the result.
The Opinion.
If an organization Of citizens. how
ever large" the court held. may dis
obey the mandates Of the court tho
same reasoning would render them
shbJett To iHIlAlHHal ueIfaHNa* BDrn
are subject To the law and neither IL
above II. If a citizen. though he may
honestly believe 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 corrt In
stead of pursuing the orderly course
Of alpeal.s not onls the 4eourts but
4
erless and society would be reduced
to state of anarchy"
The action of the supreme court of
the District Of Columbia In sentencing
Gompers. Mitchell and Morrison to
twelve. nine and six months imprlson-
ment II. Jail. respectively was the re-
suit of the failure Of these three de-
PENDANTS to obey the order OF the
court directing them tn desist from
placing the Rcck Stove & Range COM
pany of st Louis on their unfair list"
In the ps.ssecutian OF their hnycott
against the corporation. While the
name of the corporation was removed
from the unfair list of the federation.
Messrs. Gompers and Mitchell eantin-
ued 10 keep alive the boycott by fire.
uuent reference to IL in the Fedora
AibIisls tie organ 0A IfR
Grafton.
MIR. Mitchell was involved In the
trouble by reason of Ills membership
on the executive board of the fedora
ton. and because ii was alleged he
made no effort To prevent the aaop-
tian Of a resolution at the convention
of the United Mine Workers Of AMER
lea in antagonism to the Buck Stos.
Range company.
The purpose of the boseatt IL was
said. was tn cause decline In tho
business af the stove and range COM
pany OF 50 per cent.
Tn. Boycott.
The boycott placed by the federation
against the products Of the Buck COM
pany grew out nj fight made by the
Metal Poiishers' union and supported
by the federation for an eight instead
of a nine hour day. This was resisted
by the stove company. and the FEEDER
ationist published the name of the
Buck Stove q Range company under
the caption of we Don't Patrenize.
The proceedings against the officers
of the labor union were begun August
10. 1907. by the stove and range COM
pany.
After a comprehensive hearing jus
tice Gould of the supreme court of
the n.s.ri,s Of Columbia issued tenn
porary injunction restraining the de-
PENDANTS from prosecuting "a boycott ON
tn. business and rrodrcts af the Buck
company. Later this Injunction was
made permanent.
on the appeal of the case to the
court Of appeals of the District af Co.
tumbia Alton b Parker of New York
appeared as one Of the counsel for tho
Federation of Labor
References to the Buck Stove sS
Range company continued 10 appear
in the Fedeiationist and In speeches
and writings Of the defendants and
the company had Gnmpsrs. Mitchell
and Morrison cited IT, appear and
show cause why they shnuid not he
punished for contempt of court.
Gompers' Stand.
MIR Gampers had openly intlnateI
that he would not be bound by tiie
terms af the injunction After the
hearing i'm the contempt proceedings
Justice w ,gIst of the supreme court
nf the district found the defendants
had been guilty of wilfully aisahesing
the Injunction and sentenced them u
Imprisonment in the district Jail
In announcing the decision Justice
Wright declared that the defendants
had s.intlmidated. hrou beaten and CO.
creed" the patrons OF the stove ard
range ,eDnuauy until ii had suffered