The Montgomery advertiser., 1909-11-03
LABOR LEADERS
GO TO JAIL
Action Of Court is Up
held.
CONTEMPT CASE IS AFFIRMED
Compers, Morrison And Mitchell
Violated Order.
Continued Boycott Against stove Conn
pany After They Had Been
Enjoined From Doing So
chief Justice shep-
pard Dissents.
CONTEMPT CASE IS AFFIRMED

court OF Appeals today amrmed 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 Buck
Stove and Range case.
| Chief Justice Sheppard dissented from
| the opinion of the court on constitu-
| tional grounds.
| The court held that the fundamental
| Issue was whether the constitutional
agencies OF government should be
| obeyed or defed. The mere fact that
4 the defendants were the officers of or
ganized labor in America. said the
court. lent Importance to the cause and
added to the gravity OF the situation.
but 1t should not be permitted to indu-
/ ence the result.
III an organization OF citizens. how
ever large" the court held. may dis
| obey the mandates OF the court the
same reasoning would render them SUBJ
ject to individual defiance. Both are
subject to the law and neither Is above
1t. II a citizen, though he may hon.
| estly believe that 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 court, in
stead Of pursuing the orderly course of
appeal, not only the courts but govern
ment itself would become powerless and
society would be reduced to state OF
anarchy"
Cause OF Contempt.
The action of the Supreme Court of
the District OF Columbia in sentencing
| Gompers. Mitchell and Morrison to
| twelve, nine and six months imprison-
ment in jail respectively, was the re-
| suit OF the failure of the three defend
4 N. xzba ha f.f ha rk a A.
/ recting them to desist from placing the
Bucks Stove and Range Company Of st.
Louis, Mo-, on their nunfaif list. In the
4 prosecution ef tlaetr boycott against
4 the corporation. while the name 81
! the corporation was removed from the
unfair list Of the Federation, Messrs.
| Gompers and Mitchell continued to
| keep alive the boycott by frequent ref
erences to it In The Federationist, the
official organ OF the Federation.
Mr.. Mitchell was Involved in the
| trouble by reason of his membership on
| the Executive Board of the Federation
and because IT was alleged he had
made no effort to prevent the adoption
/ of resolution at the convention of
| the United Mine Workers or America
in antagonism to the Bucks stove and
| Range Company.
The result of the boycott. 1t was said
| was to cause decline in the business
of the stove and range company OF so
| per cent
The boycott placed by the Federation
| against the products Of the Bucks Com
| pany grew out of a fight made by the
| Metal Polishers' Union and supported
4 by the Federation for an eight instead
Of nine hour day. This was resisted
by the company and The Federattonist
published the name of the Bucks Stove
and Range Company under the caption
1--WE Don't P&ronize."
| The proceedings against the officers
of the Federation was begun August
10, 1907. b" the stove and range COM
pany.
After a comprehensive hearing. Jus
tice Gould of the Supreme Court of the
District of Columbia. issued a tenn
| porary Injunction, restraining the de-
| PENDANTS from prosecuting a boycott on
the business conducted by the Bucks
| Stove and Range Company. Later this
Injunction was made permanent. In an
appeal of the case to the Court of APP
peals of the District of Columbia, Alton
B. Parker, of New York. appeared as
one of the counsel for the Federation
| of Labor.
Reference to the Bucks Stove and
Range Company continued to appear In
The Federationtst and in speeches and
writings OF the defendants. the COM
pany having Gompers. Mitchell and
Morrison cited to appear and show
cause why they should not be punished
for contempt of court.
Gompers Was Bold.
Mr.. Gompers had openly intimated
that he would not be bound by the
terms of the Injunction. After hearing
the contempt proceedings Justice
Wright. of the Supreme Court of the
District found the defendants had been
guilty of wilful1y disobeying the in
junction and sentenced them to impris-
onment In the District jail.
In announcing the decision. Justice
Wright declared the defendants had
"intimidated. brow-beaten and coerced"
the patrons of the stove and range
company until 1t had suffered severe
loss.
ants were allowed to give bail for taeir
temperance.
last March the Court of Appeals
modified the decree granted by the SUI
preme Court OF the District of Column
bia by adding to the Injunction the
words "in furtherance of said boy
colt"
This modification was looked upon by
| attorneys for the defendants as mate
rally Affecting the proceedings for con-
tempt. They claimed that had those
| words appeared in the original inJunc-
tion. the contempt proceedings never
l
I When the decision was RENDERED
neither the labor leaders nor their
counsel were present
AS forecasted by Mr.. Gompers In a
recent issue OF The Federationist. an
attempt will be made to appeal the
case TO the United States Supreme
! Court The right of appeal. however.
is a matter OF controversy. Some at
| torneys 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 II has OF
| ali criminal cases in the district. 9th
| ers. however. contend that as the con-
| stitutional right OF free speech and lib
| erty OF the press is involved, the labor
lea ders may prosecute an appeal.
No action viii be taken towards the
arrest of the men until the matter OF
| the appeal has been determined.
Dissenting Opinion.
Chief Justice sheppard in his dissent.
| ing opinion says:
sAs regards the conclusion that this
proceeding must be regarded as erimi-
| nal solely and in consequence that the