The Washington times., 1909-11-02

become an impotent and a useless a.
Junct OF government.
IF citizen. though he may honestly
believe that his rights have been in
vaded, may elect when and to what
extent he viii obey the mandates of
the court and the requirements OF the
law as interpreted by the court. instead
of pursuing the orderly course of appeal.
not only the courts but the Government
itself would become powerless. and So
ciety would soon be reduced to a state
of anarchy"
Done to Violate Order.
Justice Van Orsdel emphatically states
IN his opinion his belief that 'the acts
charged were committed by the defen-
dants for the express purpose of multi
flying the order of the court, in the be
lief that they were technically avoiding
the charge of contempt The acts of
these defendants" he deduces. taken
as whole can produce in the mind Of
any reasonable person but Ohe impress
sion-a concerted. well-planned effort TO
encourage the membership Of the
American Federation of Labor and their
friends TO disregard and disobey the
orders Of the court. and TO create among /
their followers and their symPathizers
a lack OF respect for the authority and
dignity Of the court
OF Vice President Mitchell VINO was
charged with contempt in presiding over
a convention OF mine workers when 4
adopted a resolution placing Buck s /
stoves on the unfair list, with penal 1
ties for violation by members, who
might purchase such stoves, Justice Van
Orsdel says;
Is Separate 0ffense.
1.-THE act charged constituted a sep
arate and complete offense. committed |
in open and brazen disObedience Of the |
express commands Of the courts"
Justice Van OrsdeI carefully avoids /
any reference to the plea of the labor I
leaders that conviction OF contempt in |
the case constituted an abridgement of |
their constitutional rights OF free speech /
and a free press. On the other hand, |
Chief Justice Shepard, in dissenting, |
bases his disagreement with the major /
ity OF the court on this ground, holding /
that the District Supreme Court was
without authority TO issue the injunc- /
tion-in the broad form which it was
charged that GOmpers and his assO- |
ciates violated-and. likewise. not en- /
powered to mold the men guilty OF con- /
tempt.
Cannot Agree.
IT consider" he declared. that the /
court had jurisdiction OF the subject /
matter OF the controversy, and TO the /
parties, but cannot agree that decree /
rendered in excess of the power OF the 4
court-a power limited by express pro-
vision Of the CONSTITUTIONS merely err
roneous and not absolutely void" (
The chief justice also holds to the
opinion that the injunction was inopera-
tive and without effect pending granting
of bond.
Upon the assumption that each and
al OF the defendants he stated. com
mitted some acts in violation OF the in
junction, both as originally issued and
as modified. I am of the opinion that the
decree should be reversed and the case
remanded for trial upon evidence con
fined to the real question Involved"
Robb COncurs
Associate Justice Robb delivered an
opinion concUrring in entirety with that |
OF his colleague, Van Orsdel. However,
he considered one additional point-the
question OF whether the lower court, in
adjudging the men guilty of contempt,
did not give undue consideration to the
fact that the labor leaders were ac-
lively engaged in boycotting the
Bucks Stove and Range Company and
performing the acts from which they
were subsequently, enJOined long before
issuance OF the original injunction
Justice Robb disnisses this cOnten-
ton by quoting from the opinion OF
Justice Gould, who rendered the Judg-
ment OF the Supreme Court, to prove
that that court only considered these
acts as tending 10 show intent
VIII Contest Appeal
The defendants VIII not be taken into
custody before the PRONUNCIATION OF a /
mandate. Which rests entirely on the
question OF an appeal. the right OF which
is contested by many lawyers. Inasmuch
as Justice Van Orsdel holds that the
case is a criminal matter, in which the
District Court of Appeals has the final l
say. the right of appeal viii be hotly 4
contested The labor men, on the other
hand viii invoke the specific constitu-
tiopal provision. and If an appeal is de-
MED BY the lower court, a writ Of GER
tiorari will most likely be sought by the !
labor men themselves.
Secretary Frank Morrison, of the /
American Federation of Labor reached /
his office late this morning. lie already /
had been Informed of the decision OF /
the District Court Of Appeals, but re- /
fused 70 make any comment.
Il do not know enough about the de- /
cision Of the court 10 say anything /
Mr.. Morrison said THE matter Of ap-i
peal viii be left to Ralstou q Siddons, !
our attorneys. / suppose there VIII be /
a new bond given when the appeal Is
fled
I'VE are very busy now getting ready /
for the International meeting of the Fed
Grafton ar Toronto, beginning November
s. / shall not be able 10 pay much at
tention 10 this matter until after the
Toronto meeting. we VIII get copies OF
the opinions Of the judges 70 the mem
bers OF the executive board OF the Fed