The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-11-02
THE STANDARDS OGDEN UTAH TUESDAY NOVEMBER q 1909


Range company continued to appear
in the Fcderatlonist and in speeches
and writings of the defendants, and
the company had Gompers. Mitchell
and Morrison cited to appear and show
cause why they should not be pun
isbed Tor contempt OF court.
Mr.. Gompers had openly intimated
that he would not be bound by the
terms of the injunction. After the
hearing In the contempt proceedings.
Justice Wright of the supreme court
OF the District found the defendants
had been guilty OF wiltully disobey-
ing the injunction and sentenced them
to Imprisonment In the district jail
In announcing the decision, Justice
Wright declared that the defendants
had 'intimated, browbeaten and
coerced' tho patrons OF the Stove &
Range company until it had suffered
severe loss,
Pendlng an appeal, the three de-
PENDANTS were allowed to give bail
for their temperance.
Last March the court Of appeals
modified the decree granted by the
supreme court OF the District OF Co.
lumbia by adding to the injunction
the words I'm furtherance Of said boy
colt"
The modification was looked upon
by attorneys for the defendants as
materially affecting the proceedings
for contempt They claimed that had
those words appeared in the original
injunction. the contempt proceedings
never would have been decided
against them
When the decision was rendered
neither the labor leaders nor their
counsel were present AS forecasted
by Gompers in recent Issue of the
Federationist, an attempt Will be
made to appeal the case of the Unit
ed States supreme court
The right of appeal. however. is a
matter Of controversy. Some attor-
neys hold that as this decision finds
the contempt to have been a criminal
offense, the court of appeals would
have the last say in the matter as 1t
has OF all criminal cases in the Dis
triot Others, however. contend that.
as the constitutional right Of free
speech and liberty of the press is In
volved, the labor leaders may prose
cute an appeal
No action will be taken towards tho
arrest of the men until the matter of
the appeal has been determined.
Chief Justice Sheppard, In his dis
senting opinion, held to the view that
the decree should be reversed be-
cause he was convinced the lower
court was without authority to make
the only order which the defendants
could be said 10 have disoboyed. The
chief Justice says:
LAS regards the decision that this
proceeding must be regarded as Grim
inal solely. and. in consequence. that
the evidence on which the conyic-
ton rests can be considered because
not presented in a bill of exceptions.
reserved on hearing. I will content
myself with saying that | am not
clearly convinced that it must be so
regarded
II have heretofore expressed the
opinion that much of the injunction
order was null and void because op.
posed to constitutional provision con-
cerning freedom OF speech and OF the
press. Subsequent reflection has con-
flrmed this view.
II concede that the court h9F jur-
isdiction of the subject matter OF the
controversy and of the parties. but
cannot agree that the decree was
rendered In accordance with the pow.
or of the court-a power limited by
express provision of the constitution"
Frank Morrison, the only one of the
defendants now in Washington. while
disappointed over the adverse decis-
ion OF the court. declared he found
much consolation in the dissenting
opinion of the chief justice.