The labor journal. [volume] (Everett, Wash.) 1909-1976, 1909-12-17
INVASION OF RIGHTS
Chief Justice Shepard on Case
of Labor Leaders.
COURT WITHOUT AUTHORITY.

COURT VIII HUUl ~
p.er.e Should Be Reversed Is th'
on;nion of the Chief of the DISTRICT
IS Columbia Court of Appeals-Gom-
pers Has Nothing to Regret.
IN dissenting from the opinion of the
court of appeals of the District OF 70
umbia affirming the sentence OF l'n-
nrisonmept on Gompers. Mitchell ana
Morrison, Chief Justice Shepard sald
in part:
CONVINCED that the court was WITH
out authority to make the only oroer
which the defendants, Gompers, MICH
oil and Morrison. can be said to have
disobeyed, | can have no other opinion
than that the decree should be re-
versed
"As regards the conclusion that this
proceeding must be regarded as crlm-
inal solely and in consequence that the
evidence on which the conviction rests
can be considered because not present
ed in a bill of exceptions reserved on
the hearing, | will content myself with
saving that am not clearly convinced
that it must be so regarded. The com
plant was made by the complainant
on whose behalf the injunction had
been granted and for its own redress
No fine was imposed on behalf of the
United States. The relief sought In
the original bill was not pecuniary
The punishment by Imprisonment in
disobedience of the writ was the only
way in which the relief could be Sc
cured.
1.-THE order was announced Dec. II,
| 1907, and entered Dec. IS, 1907, but no
bond was given until Dec %. 1907.
The specific charge is that after the
granting of the order and before the
giving of the bond the respondents
Gompers and Morrison FASTENED to
deposit in the mails the already print
ed number of the January Federation
list which contained the publication of
the compliments name in the unfair
list. 1t is not charged that any subse-
Quent issue of the journal contained
similar publication. Some general al
legations respecting the circulation of
the January number of the Fedora
ZIONIST are too vague to form the foun-
dation for criminal charge and convi
tion
THE gist of the charge is this rush
ing of the journal in the mails be-
tween Dec. II and %. The decree con-
victing the respondents cannot be sup
ported on this charge, because the or
der for the injunction did not become
operative and effective before CON-
pliance with the precedent condition"
Referring to the speeches made by
Mr.. Gompers, which were mentioned
by Justice Wright in imposing sen
tence, the chief justice said:
The language used was in bad taste
under all circumstances, yet seems to
have been directed TO the assertion Of
the right of free speech aud free pub
lication, for which the respondents
were then and are now contending.
There is another and stronger reason
/ for my dissent as far as the defend
ants Morrison and Gompers are involv-
/ ed. The specific acts charged against
them relate wholly TO declarations and
publications which violate the preimi-
nary injunction as issued.
Il have heretofore expressed the
opinion that much of the Injunction
order was null and void because oppos-
ed to the constitutional provision con-
corning the freedom of speech and of
the press. Subsequent reflection has
confirmed this view. | can see that
the court had jurisdiction of the sub
ject matter of the controversy and of
the parties, but cannot agree that
the decree was rendered in accordance
with the power of the court. A power
limited by express provision of the
constitution is merely erroneous and
not absolutely void"
In reference TO the decision MIR.
Gompers said
. with all due respect to the authori-
ty of the court, / cannot surrender
constitutionally guaranteed rights be-
cause judge will issue an Injunction
invading and denying these rights.
Chief ustice Shepard's dissenting
opinion is in defense of the constitu-
ton and these inherent rights. Minor
lty opinions Of courts in the past when
human rights were invaded have ulti-
mately prevailed, become the law of
the land and the generally accented
rule OF life, and | have an abiding
Ialth that the rule in this case will
prove no exception.
III | must so to Jail shall have the
CONSCIOUSNESS of the fact that other
men have been compelled to suffer in
defense of justice and right in tha
cause Of humanity and the mainte.
nance of human liberty. 1t stands to
reason that | would prefer nv lihartv
10 going to Jail | do not want 70
sever my relations with nv friends
Tor year, and liberty is as dear ~
me as TO any man. but il the sentence
carried out | shall bear II with
Iortltude. satisfied that will have
hothlng to regret in my actions or ut.
terances which might have been in tho
opinion of some of the judges but not
all violation of the law"