Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1909-01-01
COMPERS SENTENCED
TO ONE YEAR IN JAIL
IN CONTEMPT CASE
While John Mitchell Draws
Nine Months and Secretary
Morrison Six Months.

Washington, Dee. 25.-The
famous contempt case of the Buck
Stove and Range company against
President Gompers, Vice President
Mitchell and Secretary Morrison,
of the American Federation Of La
Dor, was decided today by Justice
Wright of the supreme court Of
the District of Columbia, adverse
~ to the federation officials.
Mr.. Gompers was sentenced to
II months Imprisonment, Mr..
Mitchell to nine months and Mr..
Morrison to six months.
The case grew out Of the alleged
boycott of the company's products
and the putting of that company
on the unfair list. The fedora
tons alleged violation of Judge
Gould's recent mandamus has at
tracted wide attention.
History of Case.
The Buck company's prosecution of
the officials of the federation began in
August, 1907. The original action was
a test case wherein it was sought to
enjoin the labor unions from using
unfair and I'VE don't ~patronize" lists
in their fight against firms and indi-
viduafs.
Justice Gould issued u permanent
injunction forbidding the publication
of the company's name in these lists.
Mr.. Gompers. in an editorial in the
Federationist of January last, made
known his intention not to obey the
courts order, contending the injunction
issued was in derogarlon of the rights
of labor and to abuse the inJunctive
power Of the courts. Messrs. Gompers,
Mitchell and Morrison subsequently
We're cited for contempt. This phase
of the cas- has been before the court
for many months.
Denounces Defendants.
Judge Wright's decision was a scath-
ing denunciation of the defendants.
He recited the conditions a~nteceding
the injunction and referred to the fact
that for Is years the Bucks plant had
been operated as a 10-hour shop and
always had maintained an open shop
He Also spoke of the numerical
strength of the American Federation
of Labor with it's 1000, 900 members, of
its repeated Endorsement of the boycott
of the Bucks company, through the
American FederationiSt. Speeches by
the defendants, letters and circulars
etc.
The court referred to the use OF
I'VE don't ~patronize" list and unfair"
list of labor organizations. He said
the members of the union were forced
and coerced into supporting it "wheth-
er individually willing or unwilling,
approving or Disappearing" by various
methods. The court read extracts from
a number of resolutions of labor or
CARNATIONS bearing o the Bucks case
as tending to show the methods of in
iluentiai members of unions and these
methods" the court remarked, "seem
to be known as persuasion
Had Been B~rowbeaten.
Customers of the stove company, the
court said, had beer inundated, brow
beaten and coerced out Of their bust
ness relations with their customers "by
direct interference with and boycott of
their customers trade relations with
their own customers and the public
generally"
Following an exhaustive discussion
of the co~nspiracies in restraint of trade,
Justice Wright said From the fore
going, il ought to seem apparent to a
thoughtful man hat the defendants to
the bin, each and all OF them, have
combined together for the purpose OF
bringing about a breach of the plain
tiff's existing contracts with others
-'depriving the plaintiff of property
tvaluc of good will OF it's b~usiness)
without due process OF law" restrain
iEg trade and m among sever
M states.' The ultimate purpose of the
defendants, the court said, in this con-
n,ction, was unlawful. Their concert
cd project an offense~ against law, and
it added, they We're guilty of crime.
-. - A. - .t..
of the courts injunction, Justice
Wright said: THAT Mr.. Gompers and
the Others had in advance of the in
junction determined to violate it If Is.
sued, and had in advance of the injunc-
tor counselled all members Of labor
unions and the American Federation
OF Labor and the public generally to
violate il in case it should be issued
appears from the following, which ref.
point out also a general plar
and mutual understanding of organiza-
tioas and their various members"
The court here read a mass of ex-
tracts from reports of the proceedings
of the conventions of the federation
reports and editorials from Columns o,
the American Federationist. and the
labor press generally. in support of his
statement that there was predetermina,
ton to violate.
"Contemptuous Violation"
The judge pointed out wherein eaci
defendant had persisted in 'contemp'
tuaus violation" OF the injunction
which infringed the constitutions
guaranty of freedom Of press an,
speech" He says his defense doesn'
fiji the measure OF the case. that thu
Injunction interferred with no legiti
mate right of criticism or CONNER
that the law has ever sanctioned an,
the respondents intimation hat i
does so is mockery n pretense."
The court added that the ~constitu
ton nowhere conferred the right L
speak, print or publish.
Pending appeal to the United State
court of appeals for the District o
Columbia. all three defendants wer
released on bail, Gompers on IS, 900
Mitchell on $4,000. and Morrison o.
$4,000. A local surety company fur
nished the bonds.
64nN nrn 20 - Or VIA H