East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-11-08
SAMUEL GOMPERS EXPRESSES
HIMSELF To HIS FEDERATION

report proceeds to deal with the quei
tion Of injunctions, eight hour Law
employers liabilities and automati
compensation laws, ship subsidy bill
convict labor, child labor, immigra
tion, Gompers' European tour, sui
jects concerning the conduct of tn
American Federation and then say
in part regarding the Buck stove an
Range case and the decision of tn
Washington. d. c. courts:
This passing comment appears ap
ropos. 1t is that an unprejudiced
imperial judge might well have de
ferred decision in a contempt cas-
alleging violation of an injunction
while an appeal upon the validity o
the injunction itself was pending ant
was being considered for decision b.
higher court. and further, that tn,
unprecedented sentences imposed wer,
entirely in conflict with thespirit ant
plain provision of the constitution a!
being cruel and unusual The Ian
guage and manner of Justice Wright
In delivering his opinion upon tn,
guilt Of the men charged with dis.
obeying the terms of the injunction
the fact that he had given his opin.
ion, OF permitted 1t to be given out
in advance, the whole mockery and
formality OF asking us whether we
had any reasons to assign why SEN
tence should not be pronounced, when
he had determined on the sentence
in advance; all these as well as the
matter and manner Of the arrange
ment for the scene and the delivery
OF the opinion and sentence indicated
an unftness of the man to wear the
judicial robe and occupy the judi
cial position.
What are the offenses for which
Mitchell, Morrison and l are sentence
ed to long months of imprisonment
and the ignominy Of being classified
as criminals? We have dared to de-
fend our constitutional rights as men
and as citizens, despite the injunc-
ton OF court which sought to invade
the rights OF free speech and free press
secured to the Anglo-Saxon people
centuries ago by Magnacharta and
clinched by the adoption OF the first
amendment to the constitution Of the
United States.
Even II we had been guilty OF un-
lawful conspiracy and coercion and
intimidatlon-which We were not
surely there should be some more ad-
ea2ate punishment than by a process
Of Injunction. In fact. existing laws
do provide greater punishments for
these offenses and we respectfully
submit that II we are guilty Of them
we should be tried by the due pro-
cess OF law before Jury Of our peo.
pie and II found guilty punished as
the law provides, rather than be SUBJ
jected 10 the caprice of Judge who |
solely determines the sufficiency |
charge. the guilt of the defendant and |
who imposes punishment as his whim
may prompt.
1t was to the court Of appeals of the |
District OF Columbia, the personnel |
of which has undergone no change |
since the rendering Of the opinion
modifying the injunction, that the ap-
peal in the contempt proceedings was
made. The argument upon the APP
peal against the sentence imposed by
Justice Wright. was made April 10.
20, 1909. Hon. Alton B. Parker and
Hon. J. H. Ralston making the argu-
ments in labor's behalf.
It may be interesting to know that
Justice Wright assessed "Gompers,
Mitchell and Morrison" in the sum of
$500 as costs of the injunction pro-
ceedings against them. From this de-
cree an appeal is also pending. In the
whole history of our movement no
greater struggle has taken place than
that for the preservation and the
of the right of free press
and free speech. AS you well know.
this arose under the injunction pro-
ceedings and court decisions in the
case of the Buck stove and Range
against the American Feder-
alton of Labor, Dec, 1907.
The technicalities OF the case were
soon lOSI SlBnI Oh III IHe Ddltlt U pre- |
serve the great principles of human
liberty which were involved.
The respect of the masses of the
people to the campaign of the Ameri-
can Federation of Labor for the pre-
ervation Of constitutional rights shows
how thoroughly our labor movement
Is in harmony with the spirit of lib
,rty and the laws Of justice and right
Which makes a nation great.
It was generally expected that the
,ourt of appeals of the District of Col ,
lmbia would hand down its decision
,arly in October 1909. Indeed it was !,
o meet the issue, whatever it might
)e. that | was careful to be within the
of the court when the
lecision would be handed down The !,
lecision was rendered Tuesday, No }
'ember 2-that is. on election day, :
the country.
repeat and emphasize the fact that
he doctrine that the citizens must 4
'ield obedience to every order of the .
ourt Notwithstanding that order Il
ranscends inherent natural, human @
lights guaranteed by the constitution n