United labor bulletin., 1909-11-05
Justice as We View Il.


The Appelate Court of the District OF
Columbia in an opinion rendered by TWO
of the three judges, on the IND lnst''
confirmed the decision OF the trial court
in sentencing to Jail. Samuel Gompers'
President of he American Federation
Of Labor, John Mitchell, Vice-presioeh''
and Frank Morrison, Secretary.
This decision is a surprise TO organ
ized labor II confirms direct atlach
upon personal liberty and freedom Oh
speech. Judge Van orsdell in rendering
the opinion said individual interest mas
duvipdled into insignificance when COM
nared to the higher principles involved
:, this cause." That is the only part oil
tho majority opinion with which we con
cur That sentence is an excellent prih'
ciple by which Courts may well De gum
cd The rest of the opinion, however III
aicates that the sentence quoted was IL"
troduced into the opinion to JUSTIFY 'ne
final decision to the consciences Oh r'sn'
,,,rking and high minded men.
Tho Federal Constitution provides that
Congress shall make no law aoriosine
the freedom of speech or OF the press
century, ago. John Marshall. who Is
conceded by all to have been the wisest
and greatest judge who ever presioeu
over n Court in the United States oe'
c,ared that without free speech ana the
Freedom OF the press. personal liberty
could not long endure.
In the Buck Stove and Range Com,
Many case. Judge Wright sentenceu
Messrr. Gompers. Mitchell and Morflson
% ,at, for contempt for violating an IN
iunction prohibiting the boycottihs VI
tho Stove Company. The case As"i'i0'
III ,hree defendants was in our opinion
,,a,r invasion of the fundamental prin-
ciples OF personal liberty.
The case against Mitchell hius'' "'.'
tho extremities to which some Courts
will 70 against organized labor Iu"se
u-r,,b, said that Mitchell was in con-
,orn, because as vice-president OF the
American Federation OF Labor. he haa
,,ado no effort to prevent the publishing
of the Buck stove & Range Company as
unfair"
IN ether words. the decision OF that
Court Is that n person may be IN eOn
temp, because he does nothing Just AZ
,roc,ualiv as though he does great
doal AGAINST the high prerogatives oil COT
porate capital.
~ this decision is the law. the constr
,u.,on in this country has reached the
condition OF the proverbial Irishman VINO
..xa you will be damned II you do ana
xynft
Tho evidence introduced against Miteh-
oil would indicate that he had done his
level best to quietly conceal the proiouhu
cor,empt which he felt for the decision
-, the Court. Judge Wright conciudeo
,,o, hecause he did nothing, he must
,ayo n great secret contempt and there
fore ought to go to Jail to preserve tne
dignity of the Court.
We are reminded of the stern lA'nei
who seeing his young son silently iooN
ing into the glowing fire upon the heAr'"'
.,ore commenced to beat the boy un-
,,,orc,fu,ly. The boy inquired what ne
u,os being whipped for. The father IN
formed him that he was whippihs nm
for swearing. But. father, saio 'ne
hoy 81 did not swear. did not say any
,h,rg- The father whipped him all the
harder. saving. "you thought damn. ana
am whipping you for that.
This was the principle, II principle 1t
may be called. which underlies the oe-
c,s,on of Judge Wright and the two Ap-
nelate Judges who affirmed the decision
aec,arinr that they did II to preserve tne
dignity OF the Court. The w'ses, anu
rrosoundest thinker which the English
parliament ever produced. Edmouno
p,rte said under similar circumstances
.a,cnitv which has to be preserved is
never worth the preservation"
True dignity consists of intellectual
worth and moral grandeur. 1t never
reeds to be looked after. 1t does not
need to be preserved. The dignity Oh the
court proceedings in question, was iii
rorsonated in the three great and good
MON who have been sentenced to jail be-
cause they had the courage ana the can
dor To stand for the rights OF men against
the prerogatives of capital, ana because
ma the representatives OF TWO miihoh
honest. laboring men and women thes
refuse to be terriorized by the threateh'
ing language and tones of the little man
whom the wheel of fortune dropped into
the trial court as presiding judge Thereon
in the District of Columbia.
1t Is worthy OF note that CHER Justice
Shepard Of the Appellate Court OF the
District of Columbia dissented from the
opinion, and that he justified Gompers In
tho declaration, with all due respect TO