Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-11-26
CRITICISES JUDGE WRIGHT
Declares Jury Would Set Him Free
in Short Order.
HE DEFINES ISSUE AT STAKE
Remedy in Libel Suit and Not by
Injunction-Hopes for Writ
of Certiorari.

a pardon nor permit my friends to make
| application in case the Supreme Court
denies the application for d writ of GER
tiorari or affirms the decree of the lower
court sending me to jail Samuel Comp
ers. president of the American Federation
of Labor, under sentence for contempt OF
court in the Bucks Stove and Range
| case, SO announced his purpose TO do
time in the penitentiary if not exonerated
He reached his offices here this morning
from New York, where he stopped on his
way here from the A. f. L. convention
| in Toronto.
III 1 had committed a crime and con.
sidered myself subject for executive
clemency 1 might entertain the PROPOSE
tion of allowing my friends to ask for
pardon. But l have committed no crime.
IF any jury in the land had had this
case before it, it would not have taken
five minutes for the jury to have dis
posed of it,"
Mr.. Gompers then reiterated his state
ments, made in Toronto. in regard to
Justice Wright of the District Supreme
Court, who sentenced him to Jail for a
year for contempt of court.
Judge Wright Prejudiced, Says
Gompers. =
Justice Wright is prejudiced and un-
judicial to an extent which unfits him to
sit in judgment on his fellow men," said
Mr. Gompers emphatically.
''The general public and the press seem
to have overlooked the real stake at is
sue in this case. The real issueis the
freedom of the press and the freedom Of
speech.
NO court has right to enjoin a man
from saying or publishing what he likes.
After he has made his statement or his
publication, the party considering him
self injured has every right to sue for
libel.
HE can obtain satisfaction that way.
But it Is contrary to the Constitution to
prevent the publication before it is is
sued.
Suppose the newspapers of this city
knew that food unfit for use was sold in
one of the restaurants here and decided
to publish an article warning the public.
And suppose that an injunction was is
sued against this publication. The case
would be similar to the Bucks Stove and
Range case.
Tine same thing might occur during a
political campaign. Newspapers might be
enjoined against printing articles reflect
ing upon one of the candidates. In the
meantime the man might be elected, al
though untitled for place"
Labor's Protest Interests Him.
MIR. Gompers smiled when shown story
from Chicago to the effect that a plan
was on foot to have all union men and
women strike for twenty-four hours
throughout the country on the day that
Gompers. Mitchell and Morrison begin
their Jail sentences as a protest of labor
again. the verdict of the courts and de-
NAL of the right Of free speech.
That's interesting" said Mr. Gompers.
He would not discuss the plan further.
Mr.. Gompers said that he had every
confidence IN the fairness OF the Supreme
Court. While not willing to express an
opinion to the course it would take,
he noped sincerely tina: it would allow the
wri- OF certlorarr asked for by his attOr
neJs and take up the case.
1t was suggested by we'll known
lawyer here today that inasmuch as the
original Buck Stove and Range Com
pany case is before the Supreme Court
for It's consideration, in which the labor
men question the right of the Distric.
court to enjoin the publication of the
name of the stove company in the un-
fair list of the American Federationist
the Supreme Court will probably grant
the writ which will be asked next Mon
day.
Unjust Sentence Possible.
1t was pointed out that if the men
were allowed to so to Jail and serve
their sentence for contempt of court.
and the Supreme Court should decide
afterward the original case in favor of
the labor men, these men would then
have served sentence which was ua
just. The general belief is that the
Supreme Court will take up the matter
in view of it's great Importance.
If the writ certiOrari is not granted
the court will then be Sasked for a writ
OF habeas corpus, whicn will get the case
before the highest court, though not for
as complete review as If the writ Of
certiorari was granted.
John Mitchell the only one of three de-
PENDANTS who is not in Washington, is
now In New York. But it was stated to-
day that he would be here as soon as his
presence was required.