The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-02
LABOR men LOSE.

LH0ON WEV EUOGs
| CONTINUED from Page OEe.)
Columbia, Alton B. Parker. of New
| York. appeared as one of the counsel
| for the Federation of Labor. Refer
ences to the Bucks Stove and Range
company continuing to appear in the
| Federationist and in speeches and
writings of the defendants, the COM
| pany had Gompers. Mitchell and Nor
rison cited to appear and show cause
why they should not be punished for
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 wilfully d1sobey1ng
the injunction and sentenced them to
Imprisonment in the district Jail.
In announcing the decision Justice
Wright declared that the defendants
had "intimidated. browbeaten and
range company until it had suffered a
severe loss.
Pending an appeal the three de-
PENDANTS were allowed to give bail for
their temperance.
Decree Was Modified.
Last March the court of appeals
modified the decree granted by the
Columbia by adding to the injunction
the words "in furtherance of said
boycott"
The modification was looked upon
by attorneys for the defense as ma
terially affecting the proceedings for
contempt. They claimed that had
those words appeared in the original
injunction the contempt proceedings
never could have been decided
against. them.
|, When the decision was rendered
neither the labor leaders. nor their
counsel were present AS forccasted
by Mr.. GomDers in recent issue OF
the Federationist, an attempt will be
made to appeal the case to the United
States supreme court. the right 10
appeal however. is a matter of con-
troversy. Some attorneys 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 it has of all
criminal cases in the district. Others
however. contend that as the constitu-
tional right of free speech and liberty
of the press is involved the labor
leaders may prosecute an appeal.
No action will be taken towards the
arrest of the men until the matter OF
the appeal has been determined
Gompers's Statement.
New York, Nov. 2.-President Gompers
issued the following statement in re-
gard to the decision today in the Buck
Stove and Range company case:
with all due respect to the majority
of the court 1 can not surrender con-
stitutionally guaranteed rights because
a judge will issue Injunction invad-
ing ana denying these rights.
Chief Justice Sherherd'S dissenting
Opini0n lS in defense of the cOnStltn-
tional and inherent rights. Minority
opinions of courts in the past when
human rights were invaded have ulti-
mately prevailed. become the law OF
rule of life, and I have an abiding
faith that the rule in this case will
prove no exception.
IF 1 must go to Jail I shall have
the consciousness of the fact that other
men have in the past been compelled
| to suffer in defense of justice and
right in the cause of humanity and for
the maintenance of human liberty.
| Il intended to stay over here tonor-
| row to finish my report for the annual
convention at Toronto and also to at
/ tend the wedding of the daughter of a
ing to change my plans and shall leave
| so 1 can get into Washington as soon
as 1 can. 1 want to be within the
! jurisdiction of the court whatever dis
/ pOSal is maze OF the Case
Mr.. Gompers said probably an appeal
would be taken to the United States SUI
preme court, but that he was not yet
in a position to speak positively until
| he had conferred with counsel in the
matter.
But we will fight to the last ditch
| Mr.. Gompers added, and then beyond
| that
Views of Compartments Lawyer.
| New York, Nov. flames NJ Beck
| of counsel for the complainant Bucks
Stove and Range company of ST.
Louis. after looking over the court s
ment:
ITO the extent that this decision in
wolves punishment upon men of pow
/ er and standing in the country, no one
can feel any personal qualification,
but to the extent that it vindicates a
principle that is vital to Industrial lib
erty, it is gratifying to us who con-
duct the case for the plaintiff
II want to impress again the fact
that these contempt proceedings were
not fought primarily or principally to
protect personal rights which were
| threatened with destruction but to
vindicate the power of the courts to
enforce their DEGREES.
l. 1--WE felt that we owed it to the
court which entered the original de-
cree to bring to its attention the
/ fragrant violation of it's provisions by
! the defendants.
1 For if such a decree could be de-
fled as in this instance by men OF
i great power there would be an end to
the enforcement of the law and that
means anarchy"
SCHOOL BOY SHOT By NEGRO.