The San Francisco call., 1909-11-03
LABOR LEADERS To-
SERVE PRISON TERM
Appeals Court of District of
Columbia Upholds Decision
in Contempt Case

:
WASHINGTON, Nov. 2.-The district
court of appeals today affirmed. the
decree of the supreme court of the
district of Columbia in adjud gfng Pres
ident sanuef G6mpei-s. Secretary Frank
Morrison and. Vice President John
Mitchell of: the: American Federation: of
labor guilty of contempt of court in
the Bucks stove and range case.
The court held that the FUNDAMENTAL
issue was whether the executive agen-
cies of government should be obeyed or
detfed
If 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 of individual defiance. Both
are subject to the law and neither is
above it. If "a citizen, though he. may
honestly believe his rights have been
invaded, may elect when and to what
extent he will obey the mandates of
the court and the requirements of the.
law as interpreted by the court instead
of pursuing the orderly course of ap
peal, not only the courts but govern
ment itself would become powerless
state of anarchy"
Chief Justice Sheppard, who deliv-
cred a dissenting opinion, held to the
view that the lower court was without
authority to make the only order which
the defendants could be said to have
disobeyed. The chief justice said
AS regards: the conclusion that this
proceeding must be regarded as GRIM
inal solely and in consequence that the
evidence on which the conviction rests
can be considered because not pre-
sented in a bill of exceptions, reserved
on hearing. l will content myself with
saying that / am not clearly convinced
that it must be so regarded
Il have heretofore expressed the
opinion that much. of the Injunction
order was null and void because op-
posed to the constitutional provision
concerning freedom of speech and of
the press. Subsequent reflection has
confirmed this view
i concede that the court had iuris-
diction of the subject matter of the
controversy and of the parties. but
can not agree that the decree was rem;
dered in accordance with the power of
the court-a power limited by express
provision of the constitution
Gompers to Fight On
NEW YORK, Nov. 2.-President
Gompers issued the following state
ment in regard to the decision todav
in the Bucks stove and range company
case:
With all due respect to the maioritv
or the court, l can not surrender con-
stitutionally guaranteed rights he
cause judge will issue an Injunction
invading and denying these rights.
Chief Justice Sheppards dissenting
opinion is in defense of the constitu
uonal and inherent rights Minority
opinions of courts in the past. when
human rights were invaded have ulti
.mately prevailed. became the law of
the land and the generally accepted
rule of life, and / have an abiding faith
that the rule in this case will prove no
exception.
IF / 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
Gompers said that an appeal prob
ably would be taken to the United
States supreme court.
I'VE will fight to the last ditch"
Gompers added, ..and then beyond
that