The Washington times., 1909-11-18
STAY IS GRANTED
IN GOAPERS CASE
Labor Leaders Attorneys
Have Indefinite Time
to Appeal.
STOVE COMPANY
LAWYER AGREES
Officials in Quandary Over Con-
ditions at the District
Jail.

The beginning Of the final EFFORT 70
prevent Samuel Gompers, John Mitchell,
and Frank Morrison from serving jail
sentences for contempt OF court was
made today. when attorneys for the trio
asked foI a stay Of the msndate of the
Court Of Appeals. affirming the iudg-
ment of the lower court. which stay
was granted in order that a writ OF
certiorar may be presented TO the Su-
preme Court OF the United States.
The Court OF Appeals delayed the for
NAL handing down Of its afhrmatory de-
cree until November ..
Other Plans Made.
In event such a stay had been re-
fused il had already been decided that
& writ of habeas corpus should be re-
auested in order to prevent If possible,
the immediate surrender of GOmpeTs,
Mitchell, and Morrison for the serving
OK their sentences.
Chief Justice Shepard Of the District
Court Of Appeals announced that the
time would be further extended, if
needed. pending the proceedings in the
highest court.
The three sentenced officials OF the
American Federation Of Labor prob
ably will reach Washington Monday,
Immediately following the adjournment
Of the Iabor convention at Toronto.
Had It not been for todays action,
the mandate of the highest District
court would have been issued Satur-
DAY, and in the absence Of interver-
ton by the Supreme Court the three
labor men Immediately would have been
sent 10 jail upon their arrival
A writ OF certiorari. it is explained,
must be presented while the highest
tribunal is ia session. A writ Of habeas
corpus, the only other means of tenn
porary relief, may be granted by an
individual justice. Attorney SiGdOns, of
the firm OF Ralston & SiddoT.s. repre-
senting Gompers and his companions.
said that plans had been made to take
the latter step in event todays appeal
had failed.
Darlington Doesn't Object
II renewing his request for this ex-
tension OF time, Attorney RaIston al
luded TO the fact that the Supreme
Court is now IN recess and that there
would be no opportunity to apply for
the writ until the date Of reconvening
on November %.
Somewhat 10 the surprise of counsel
for the Federation officials, Attorney
Darlington, representing the Bucks
StoYe and Range Company. who brought
thee original action which resulted In
the91ail sentences Of Gompers and his
associates, On the ground that they
had violated the anti-boycott injunctiOn
luterpOsed no objection.
lie said that his client would be
willing 10 permit an extension Of tine
even until December 5, in order rbaf
there might be ample time In which M
present the case 10 the Supreme Court
Inc sentence pronounced by Justice
associates appealed, calls for the In
generation Of the three la Dor Leaders
IN the jail Of the District of COIurnbia
This jail has been pronounced by re-
cent inFesugators 10 be one Of the worst
IN the country.
Attorney General Investigates.
Attorney General WIckersham recently
made personal Investigation al tho
Jail, and declared it a disgrace 10 the
Government. Congress IS charged with
the responsibility for the antfouated
and insanitary conditions prevailing. be-
cause Of its failure after repeated an
peals from the Department OF Justice 10
make proper appropriations for charging
and renovating the institution
Persons vino have visited the iaU
since the imprisonment Of Sherin ShipD
and the hVe other Chattanooga citizens
by order OF the Supreme Court Of the
United states on ACCOUNT Of contempt
IN participating Ia the Iynching Of the
negro Ed Johnson while ne was under
stay OF execution say that the cell they
occupy Is the only sanitary one Ia the
entire jail They have a large, light,
airy room, with bath and toilet at
tached. The other cells are all small,
and have no toilet accessories.
Should GOmpers and his associates
be sent TO jail before the expiration Of
the terms OF the Chattanooga men, they
would have 10 live In The same sort OF
cells IS are now occupied by the Grim
iual Tlff-rdn OF the District