The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-11-03
LEADERS Of LABOR
AGAIN LOSE OUT
Decision Adverse to GOmpers
and Associates in Famous
Contempt Case.
DEFIANCE OF MANDATE
HELD TO BE SUSTAINED
Gompers VIII Take Appeal to
Supreme Court of United
States.


President Samuel Gompers, Secretary
Frank Morrison and VicePrcsident
JOHN Mitchell Of the American Fedora
ton Of Labor guilty of contempt of
court in the Buck stove and range
ease.
Chief Justice Sheppard dissentcd
from the opinion Of the court on con
stiiutional grounds,
The court held that the Fundamental
issue was whether the executive agen-
cics OF government should he obeyed
or deGed. The mere fact that the de-
fr,jdanis were the officers of organized
labor i'll America. said the court, lent
Importance TO the cause and added
gravity TO the situation, but IL should
4 not be permitted TO influence the re
suit.
Must Not Disobey.
IF an organization of citizens, how
u ever large the court held, 'fmay dis
/ obey the mandates of the court, the
same reasoning would render them sub
feet 10 individual defiance. Both are
subject TO the law and neither is above
| il, If citizen. though he may hon
estly believe his rights have been in
yadcd, may elect when and 10 what
4 thc court and the requirements of the
law is interpreted by the court, in
stead of pursuing the orderly course of
appeal, not only the courts, but gov"
rrnmcnt itself wouId become power
les and society would be reduced TO
a, state of anarchy
The action of the supreme court Of
The District of Columbia in sentencing
Gompers, Mitchell and Morrison 10
. .r,. l,.' 10
onmcnt in iail, respectively. was the
result Of the failure Of these three
1efcndauts TO obey the order of the
cburt directing them 10 dcsist from
/ placing thc Buck Stove and Range COM
pupr Of 81. Louis on their unfair
list y in the prosecution of their boy
'ott against The corporation.
While the name OF The corporation
was removed from the unfair list Of the
( 5cderat ion, Messrs. GomperS and
Mitchell continued TO keep alive the
/ boycott by frequent reference TO it in
I he Fcderationst, the official organ of
the federation.
Status OF Mitchell.
/ Mr. Mitchell was involved in the trou-
Y bic hy reason Of his membership on the
\ e1ccuiiyc board nt the federation and
because il was alleged ne made no cf
i fcsifio prevent ;bc adoption of a resolu
4 ina e The convention of the United
II NaEc Workers of America In antago-
Eism 10 he Buck Stove and Range
Vforpanv
The purpose Of Tie boycott. it was
sad. was 80 cause 4 decline in The busi-
pess of the stove and range company OF
80 per cent
Tue boycott placed by the federation
against the products OF the Buck com
ppny grew out of fight made by the
metal poliShcrs union and supported by
the federation for an eight instead of
nlBe-hour day. This was resisted by the
-stoSe company. and the Federationist
Ipnblished the ramc of the Buck Stove
land Range company under the caption
(of We Don Z Patronize
Tie proceedings against the officers
Iul TIE labor union were begun August
llP, 1907. by the stove and range com
nsnN. Aifcr "a comprehensive hearing.
i,l,isiice Gould of the supreme court of
Ithc District Of Columbia issued II ten
vrorafY Injunction restraining the de.
Ifendnnls from prosecuting boycott op
lIine business and products Of the Buck
lIeompany Later this Injunction was
Inade permanent.
\ On the appeal of the case to the court
lof appeals of the District of Columbia.
tAiion y. Parker of New York appeared
Jag on. of the counsel for the Federation
Iof Labor,
Amounted TO Defiance.
References 10 the Buck Stove and
Hangc company continued 10 appear in
lhe fedcratIouist and in speeches and
lINlulngs Of the defendants. and the
t,,npanv had Gompcrs. Mitchell aud
I.""'lSnn cltcd 10 appear and show
iGuse why they should not be punished
10, eonlcmpt Of court
I W 1omrcrs had openly intimatcd
l.nat lie would not he bound bv the
Z t,rlws OF The lniuUction. After the
lT"ih9 IN The contempt proceedings
Z trsIwe Wright Of the supreme court
H' 'hc district found the defendants
ILL peen guilty OF wilfuly disobcying
, sne inlunction aud sentenced them TO
: ,'''IhrlSonment Il in tho district Jail,
Z nv,n announcing the decision Justice
n"nnGnt declared that the defendants
: 'au INUNDATED, browbeaien aud co
lrieed the patrons of the stove and
fange company until il had suffered
Iseterc loss -
ehulh2 AN appeal the three defend
rns Mcrc allowed TO give bail for their
f'appearancc
iHst March the court of appeals
'v"n'd the decree granted bv the
in,nh;'e court OF th" District of Co.
umpla bN adding TO the Injunction ,hc
cott - VI shlu DoS-
Claims Of Defense.
INC modification was looked urop Inv
sIx.negs Tor the defendants as mate.
nY ahaeting the proceedings for con.
n,g.' They claimed that had those
oru appeared III tho original iniuuc.
a'1a the contempt proceedings never
WI NJ nave been decided against tbcm
~ "hen the decision was rendered
E& onner tho labor leaders nor thci,
? AvTtl were present. As forccasfn6
H. IL. poinpers Ill n recent issro of
ftdcratIoulst. an attcmpt will he
4 Sts,s 10 appeal the case To tho United
n H'mM,es supreme court,
m.t,nn right of appeal. however. is y
6old Oh controversy. Some attorney
ku mat as this decision finds tbc
%nempt to have been a criminal az
Ga'1 thc court OF apneals would hoy,
AZ omS' aS' say IN the matter, as II ba,
4 @l criminal cases in the D;si-;a,
u E,d dIoiumbIa. Others. however con
E"s that as the constitutjonsi r;e,I',
;s rec speech aud liberty of fbo nrcs,
,hsoived, the labor leaders may nros
ENC hn appeal, "'"S pros
NV action will be taken towards fh,
Ill., OF the men until the matter ~, -,
D lIkI fba fbsappeal has been determined
l6 XIUI klle1 Juat ipc Shor;..-I