The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-11-28
INVASION OF RIGHTS.
Chief Justice Shepard on Case
of Labor Leaders.
COURT WITHOUT AUTHORITY.

Decree Should Be Reversed ls the
Opinion Of the Chief Of the District
Of Columbia Court Of Appsais-Gom-
pers Has Nothing to Regret.
In dissenting from the opinion OF the
court Of appeals Of the District of Co
lumbia affirming the sentence Of i'm
prisonment on Gompers. Mitchell and
Morrison, Chief Justice Shepard said
in part:
"Convinced that the court was with
out authority to make the only order
which the defendant Gompers. Mitch
ell and Morrison. can be said to have
disobeyed. l can have no other opinion
than that the decree should be re-
yersed
LAS regards the conclusion that this
proceeding must be regarded as Grim
1nal 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
saying that l 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 it's 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.
THE order was announced Dec. II,
1907. and entered Dec. 10. 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-
dalton for criminal charge and conv1c-
ton.
1.-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 and free pub.
LEGATION, 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 prelimi-
nary injunction as issued.
II 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 SUBJ
ject matter Of the controversy and OF
the parties. but l cannot agree that
, the decree was rendered in accorda nee
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 Mr..
Gompers said:
with all due respect to the authori-
| ty of the court, l cannot surrender
constitutionally guaranteed rights be-
cause a judge will issue an injunction
invading and denying these rights.
! Chief Justice Shepard's dissenting
opinion is in defense Of the constitu-
ton and these inherent rights. Minor
ity opinions of courts in the past when
human rights were invaded have ulti'
mately prevailed. become the law OF
the land and the generally accepted
rule Of life. and l have an abiding
faith that the rule in this case will
prove no exception.
III must go to Jail shall have the
consciousness of the fact that other
men have been compelled to suffer in
defense Of justice and right in the
cause Of humanity and the mainte
nance Of human liberty. 1t stands tt
reason that would prefer my liberty
to going to Jail. 1 do not want to
sever my relations with my friends
for a year. and liberty is as dear to
me as to any man, but If the sentence
is carried out l shall bear it with
fortitude. satisfied that l will have
nothing to regret in my actions or ut
terances which might have been in the
opinion Of some of the Judges. but not
all, a violation Of the law"
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