The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-02
District Court of Appeals AZ
firms the Decree
Adjudging GOmpers ct al. Guilty
OF Contempt.
SHEPHERD DISSENTS.
Basing His Conclusions on Con-
stitutiOnal Grounds.
Case Grew Out Of the Bucks
Stove Co. Boycott.

Washington, Nov. 2.-The district
court Of appeals today affirmed the de-
cree of the supreme court of the Dis
trict of Columbia adjudging President
Samuel Gompers, Secretary Frank Nor
rison and Vice President John Mitchell
of the American Federation of Labor,
guilty of contempt Of court, in the
Bucks Stove and Range case
Chief Justice Shepherd dissented
from the opinion of the court on con-
stitutional grounds
The court held that the fundamental
issue was whether the constitutional
agencies of government should be obey
ed or defied. The mere fact that the
defendants were the officers of organ
lied labor in America, said the court
lent Importance to the cause and added
to the gravity of the situation. but It
should not be permitted to influence the
result
If an organization of citizens how
ever large the court held s.mav dis
obey the mandates of the court. the
same reasoning would render them sub
Ject to individual defiance Both are
subject to the law and neither IS
above it.
'If citizen, though he NAV hon
estly believe his rights have been in
vaded, 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 court, in
stead of pursuing the orderly course
of appeal, not only the courts but
government itself would become
powerless and society would be re-
duced to a state of anarchy
The action of the supreme court of
the District of Columbia in SEN
fencing Gompers, Mitchell and Nor
rfson to IL, and months imprison-
ment in jail respectively, was the re-
suit of the failure of these three de-
PENDANTS to obey the order of the
court directing them to desist from
placing the Buck Stove and Range
company of st. Louis on their unfair
list in the prosecution of their boy
colt against the corporation.
Origin of the Case.
While omitting the name of the
corporation from the unfair list of the
Mitchell continued to keep alive the
boycott by frequent reference to it in
the Federationist, official organ of the
federation.
Mr.. Mitchell was involved in the
trouble by reason of his membership
on the executive board of the fedora
ton and because it was alleged he
had made no effort to prevent the
adoption of a resolution at the con-
vention of the United Mine Workers
or America in antagOniSm to the
Buck. Stove and Range company
The result of the boycott it was
said, was to cause decline in the
business of the stove and range COM
pany of SO per cent.
The boycott placed by the fedora
ton against the products of the Bucks
company grew out of a fight made by
the Metal Polishers' union and sup
ported by the federation for an eight
instead of nine hour day. This was
resisted by the company and the
Federationist published the name of
the Bucks Stove and Range company
under the caption of 1--WE don't pat
ronize.'
The proceedings against the officers
of the federation were begun August
-19, 1907, by the stove and range COM
pany. After comprehensive hear
ing Justice Gould of the supreme
court of the District of Columbia, is
sued temporary injunction restrain
ing the defendants from prosecuting
a boycott on the business and products
of the Bucks company. Later this in
junction was made permanent.
Parker for the Defense.
In the appeal of the case to the
court of appeals of the District of