Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1909-11-16
LABOR LEADERS REQUEST DE-
MED.

MEL.
The District Court OF Appeals Yester-
day denied the request Of Samuel Com
pers, John Mitchell and Frank Morri.
son, made through Attorney Rslston,
for a postponement Of 60 days before
entering q mandate against the labor
leaders who are under jail sentence for
alleged contempt of court.
The request was made yesterday
morning on the grounds that counsel for
the labor leaders desired 10 consult with
their clients regarding the methods of
seeking review by the United States
Supreme Court Of the affirmative opinion
handed down by Justices Robb aud Van
Orsdel In the appeal taken from the
decision OF Justice Daniel Thew Wright,
of the District Supreme Court, sen.
fencing GOmpers, Mitchell and Morrison
to II, 9 and 6 months imprisonment,
respectively.
Attorney j. J. Darlington, on behalf
of the Bucks Stove and Range Company,
the publication Of whose names on the
unfair list OF the Federallouist constiIut-
ed the alleged contempt, objected to the
allowance Of 60 days, bat agreed to an
extension of Is days.
Justices Robb and Van Orsdel, how
ever, In ruling upon the application,
held that the matter was no longer
one between individual parties, but
was oue between the United States
courts and individuals, and that there
vas 20 reason why any extension
should be granted. They therefore
ordered the mandate to issue 10 due
course
While In accordance with his COL
leagues generally, Chief Justice Seth
Shepard, who, In the case Of the ap.
peal from the civil action which resulted
10 Justice Gould's granting an iDjunc-
ton against the labor leaders ard also
in the contempt case which resulted
from a disregard Of the Injunction, haud-
ed down dissenting opinions today,
holding that while no extension should
be granted, he favored the allowance
of two weeks, Inasmuch as the Bucks
Stove and Range OompSny's attorneys
had agreed to such action.
In reply to telegram from the
labor leaders, who are at Toronto,
asking when they should put In an
appearance to save bsil bonds, Mr.
Rslston wired that, owing to the
fact that Saturday is a hslf-holiday,
their appearance on Monday would
suffice.
1t Is expected that counsel then will
sue out a writ OF habeas corpus, which
can be carried to the United States Sd
preme Court, where the constit utioBal
question as TO whether or not the orig.
insl degree interieres with the right Of
freedom of speech will be passed upon.
Just as the convention Of the Ameri-
can Federation of Labor was about to
adjourn ct Toronto, for the day, tele.
gram was received from Washington an
nouncing that the stay asked by the at
torDeys for president Gompers, Vice
President Mitchell, and Secretary Nor
rlson, In the proceedings against them
for contempt Of court, had been denied by
the Court Of Appeals Of the District OF
Columbia. President Gompers was
plainly surprised, and IS he read the
message TO the convention the delegat e.
sat 10 silence as though dazsd by the
courts action.
"Thst means that the resources OF the
lawyers have been exhausted, doesn't it?'
asked one OF the delegates.
"The chair is not In position to
state" replied President Gompers.
Then IS he read the message stating
"the mandate goes down Saturday morn
Ing" the faces OF himself and his fell
low officers betrayed anxiety.
A telegram signed by the three de-
PENDANTS was at once dispatched to their
counsel la Washington asking when 1t
would be necessary for Them to put In
az appearance TO avoid FORGETTING their
bail bonds, which amount to $l2,0 900,
aud saying that they would like to re-
main 10 Toronto until the close OF the
convention, Saturday evening.
81 am not certain whether, under the
law Of the District OF Columbia, We can
sppesl," said Mr. Gompers after ed.
jOurUmeat. "But II We do 90, the con-
Vention must stay here aud carry on its
proceedings in diguifed and orderly
manner"
"We'll charter train and ell go
down with YOU" volunteered one Of the
delegates. "Aud even the seceders will
join you," added ]. ]. Reid, president
of the seeding faction of the electrical
workers.
The suggestion thst the convention
be adjourned 10 Washington In the
event OF the departure OF GOmpers,
Mitchell, and Morrison was taken &C.
riously by many of the delegates, and 1t
was said a resolution TO that effect might
be prepared.
NO ONE 10 BLAME.