Omaha daily bee., 1909-11-03
COMPERS LOSES ON APPEAL
Head Of Labor Federation Again Held
Guilty of Contempt.
ORGANIZATION SUBJECT TO LAW
Court Declares Disregard of Decree
in Buck stove Case, ~ Per-
mitted, would Tend to
Anarchy.

WASHINGTON. Nov. 2.-The district
court Of appeals today affirmed the decree
Of the supreme court Of the District OF
Columbia adjudging President Samuel
Gompers, Secretary Frank Morrison and
Vice President John Mitchell Of the Amer
lean Federation Of Labor guilty OF con
tempt Of court in the Buck Stove and
Range case.
Chief Justice Sheppard dissented from
the opinion Of the court on constitutional
grounds.
The court held that the fundamental
issue was whether the constitutional
agencies Of government should be obeyed
or defied. The mere fact that the de-
Pendants were the officers of organized
labor in America. said the court, lent i'm
portance to the cause and added to the
gravity Of the situation, but 1t should not
be permitted to interfere with the result.
IF an organization Of citizens, however.
large the court held, may disobey the
mandates OF the court, the same reason
ing would render them subject to individual
defiance. Both are subject to the law and
neither is above it.
IF a citizen, though he may honestly be
lieve his rights have been invaded. may
elect when he will obey the mandates of
Ln6 court anu lle requirements OF the law
as Interpreted by the court, instead OF pur-
suing the orderly course Of appeal, not only
the courts, but government itself would be-
come powerless and society would be re-
duced to a state Of anarchy"
The action Of the supreme court of the
District of Columbia in \ sentencing
Gompers, Mitchell and Morrison to twelve
nine and six months Imprisonment in Jail,
respectively, was the result of the failure
of these three defendants to obey the order
of the court directing them to desist from
placing the Bucks Stove and Range com
pany of st. Louis on their unfair list
in the prosecution of their boycott against
the corporation.
While the name Of the corporation was
removed from the unfair list OF the fed
Grafton, Messrs. Gompers and Mitchell con-
tinued to keep alive the. boycott by fire.
quent reference to it in the Federationist,
official organ Of the federation.
TIL result of the boycott, it was said,
was to cause a decline in the business Of
the stove and range company of fifty per
cent.
May Go to Supreme Court.
When the decision was rendered neither
the labor leaders nor their counsel were
present. AS forcasted by Mr.. Gompers in
q recent issue of the Federationist, an at
tempt will be made to appeal the case to
the United States supreme court.
The right of appeal, however, is a mat
ter of controversy. Some attorneys hold
that as this decision finds the contempt
to nave 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 constitutional 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 ar
rest Of the men until the matter of the APP
peal has been determined.
stu Fighting, Says GOmpers.
NEW YORK, Nov. 2.-President Gompers
issued the following statement in regard
to today's decision of the court of appeals
of the District of Columbia:
with all due respect to the majority Of
the court 1 cannot surrender constitution
ally guaranteed rights because a judge will
issue an injunction denying these rights.
Chief Justice Sheppard's dissenting opin-
ion is in defense Of the constitution and
Inherent rights. Minority opinions of courts
in the past when human rights were in
vaded nave ultimately prevailed, because
the law of the and and the generally &C
cepted rule of life, and l have an abiding
faith that the rule in this case will prove
no exception.
If l 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 shall leave for Washington at once
1 want to be within the jurisdiction of the
court whatever disposal is made of the
case"
Mr.. Gompers said probably an appea
would be taken to the United States su
preme court, but that he was not yet in
position to speak positively until he haC
conferred with counsel in the matter.