The Washington times., 1909-04-20
Darlington Argues That
Courts Decree Should
Have Been Respected.
COUNSEL MAINTAINS
JUDGE WAS DEFIED
Says Validity of Injunction Does
Not Enter Into the
Case.

Although q court may not have the
power to grant an injunction, if such
court does. nevertheless, grant it. viz
iation of the injunction is contempt OF
court the same as If the court had jur-
isdiction.
This is in substance the convention
OF the array of legal talent that is fight
ing in the District Court of Appeals to-
day to prevent overruling of the decree
OF Judge Wright imposing prison sent
ences upon President Samuel Gompers,
Secretary Frank Morrison, and John
Mitchell. of the American Federation Of
Labor. Upon decision of this question
by the three judges who are hearing
the arguments of counsel for the Buck
Stove and Range Company. and the
labor leaders win probably depend
whether OF not the latter will have TO
so to jail.
Precedents Quoted
Although Judge Gould, of the Su-
preme Court, may have exceeded his
constitutional power when he issued
the now famous Buck Stove and
Range injunction" for alleged viola
tion of which the American Fedora
tion of Labor officials were sentenced
TO imprisonment on the ground that
they w0-e guilty of contempt Of
court. J. ). Darlington, counsel for
the company, quoted court decisions
to show that Mr.. Gompers and his as
sociates were Just as guilty of con-
tempt as If Judge Gould originally
did have the right to issue the tnjunc-
tion.
Most OF the argument or Mr.. Daring
ton was taken up with trying 10 show
that the appellants had violated the in
junction In many ways He quoted
views in which ne declared that he
would not surrender mis- rights as a
free American citizen" and intimated
that he did not intend TO obey the In
statement Of former Judge Alton 3.
Parker, counsel for the labor men, by
denying that the following quotation
from the Federationist was merely an
editorial squib, and asserting that IT
was defiance of Judge Gould's de-
cree:
''There is no law, not even a court
decision that can compel union men TO
buy Buck stoves and ranges" AIR.
Darlington declared that the court had
been further defied when the issue or
the Federationist for January, 1871, had
been issued earlier than the usual date
in order to escape the operation of the
injunction which had not then become
effective.
De6ed the Court.
He also maintained that a circular
letter issued in November, 1907. was
essentially a defiance OF the court
ruling.
IF a court exceeds its constitutional
power then the decree of that court is
void. said Chief Justice Shepard. in
terrvpting Mr.. Darlington's argument.
It was then that Mr.. Darlington raised
the point that even then violation OF
such 'cree would be contempt OF
court.
Scores Judge Parker.
In closing the argument OF counsel
for the Buck Stove and Range Com
pany, Attorney James NJ. Beck, former
ly Assistant Attorney General, assaiIed
Judge Parker equally with the American
Federation Of Labor officials. whose al
legged act IN contempt Of court formed
the basis for the proceedings.
1T Is not surprising he said. re-
ferTing TO Judge Parkef's brief, ''wher
he can put these expressions into print
that his clients have such a conception
OF the right Of free speech as would Il
accepted as correct put an end to Law
and order in this country
Referring to Judge Parker's emphasis
Of the fact that the case was no
brought by the United States Govern
ment but by private ltigant he said:
while in the first instance the mat
- was not brought to the attention o
the court By a private litigant. yet the
matter ceased 90 be a private contro-
versy and became a public controversy
IN which the real issue at stake wa.
the majesty OF the law"