The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-11-04
C0MPfRS CASE IS
DECIDED AGAINST
labor OFFICIALS
Opinion Declares Anarchy
Would Result II Courts Are
to BE Ignored.

to Be Ignored.
Washington. Nov. 4.-The District Of
Columbia our of appeals today af-
11rmed the decree OF the supreme court
Of h District, adtudging President
Samuel Gompers, Secretary Frank
Morrison and Vice President John
Mitchell, of the American Federation
of Labor, guilty OF contempt Of court In
cas-
Chief Justice Sheppard dissented
from h opinion OF the court on con-
stitutional grounds.
Issue ls Obedience.
The court held that the fundamental
issue was whether the constitutional
agencies Of government should be
obeyed or defied. The mere fact that
the defendants were the officers Of or
ganized labor in America, said the
court. lent Importance to the cause and
added to the gravity of the situation.
but it should not be permitted to in
t1uence the result.
III an organization of citizens, how
ever large" the court held, may dis
obey the mandates of the court, the
same reasoning would render them
subject to Individual defiance. Both
are subject to the law and neither Is
above it.
".Anarchy Would Result
If a citizen. though he may honestly
believe his rights have been invaded.
may elect whether or to what extent
1e will obey the mandates of the court
interpreted by h court, instead of
pursuing the orderly course of appeal,
aot only The courts. but government
itself would become powerless and So
ciety would be reduced to a state OF
anarchy"
The action OF h supreme court Of
the District of Columbia in sentencing
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 Buck
Stove & Range company, Of st. Louis.
their unfair list" in the prosecution
Of their boycott against the corpora
ton.
Dissenting Opinion Rendered.
Chief Justice Sheppard, in his dissent
ing opinion, held that the decree should
was without authority to make the only
order which the defendants could be
said to have disobeyed. The chief JUS
tice says:
: las regards the conclusion that this
proceeding must be regarded as GRIM
inal solely, and in consequence that h
evidence on which the conviction rests
cannot be considered because not pre-
In a bill of exceptions reserved
on hearing. I will content myself with
that l am not clearly convinced
It must be &c regarded.
II have heretofore expressed the opin-
ion hat much of the injunction order
u and void because opposed to
the constitutional provisions concern
ing freedom of speech and of the press.
reflection has confirmed
view.
II concede that the court had juris-
Of the subject matter of the
controversy, and OF the parties. but I
cannot agree hat the decree was en-
the court-a power limited by express
provision of the constitution"
Frank Morrison, the only one of the
defendants now in Washington. while
disappointed over the adverse decision
OF the court. he declared that he found
much consolation In the dissenting
opinion of the chief justice. Until he
In New York, over the long dis
lance telephone, MI. Morrison said he
would probably have no statement to
make.
Case to Be Appealed.
When the decision was rendered nei-
Their the labor leaders nor their counsel
were present. AS forecasted by Mr..
Gompers. in a recent issue of the Fed
e%rationist, an attempt will be made to
appeal the case to the United States
supreme court.
The right of appeal, however, is a
matter of controversy. Some attorneys
hold that as this decision finds the con-
tempt to have been a criminal Ofrense
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 lead
ers may prosecute an appeal.
No action will be taken towards the
arrest Of the men until the matter Of
the appeal has been determined.
eomPERs MAKES TART
REPLY TO THE COURT
New York. Nov. president
COinnera issued the following state.