Evening journal., 1909-11-02
COURT RULES
AGAINST GOMPERS
Jail Sentence For Contempt Imposed Upon Gompers
And Mitchell Sustained by Supreme Tribunal
of the District in fhe Boycoff Case.
By United Press Leased Special wire.

BY United Press Leased Special Wire.
WASHINGTON. Nov gin an opin-
ion sweeping In it's terms the Court OF
Appeals of the District Of Columbia to-
day affirmed the judgment of Justice
Wright. OF the Supreme Court of the
District Of Columbia IN imposing jail
sentences on President Gompers, Vice
President Mitchell and Secretary Nor
rison. of the American Federation of
Labor for contempt Of court in violat-
ing the injunction in the Bucks Stove
and Range case.
These sentences ere Gompers, one
year; Mitchell. nine months, and Nor
rlson six months.
President Gompers and Vice-Presi-
dent Mitchell arc In New York. Secre-
tary Morrison is In the city, but was
not az his Office when the opinion was
rendered. All three are under bond.
President Gompers had already de-
clared that II the decision Of the Court
OF Appeals should go against him and
his associates the case would be carried
up promptly to the Supreme Court Of
the United States.
Tho opinion was rendered by Associate
Justice Van orsdel, and concurred IN by
Justice Robb. Chief Justice sheperd dis
scented.
"Individual interest" Justice Van Ors-
del said. 'dwlndle into ineigniicance
when compared with the higher prin-
cipies involved in this case The funda-
mental issue Is whether the constitutional
agencies or government shall be obeycd
or dened. The mere fact that tho defend
ants are the officers OF organized labor
in American lends Importance 70 the
cause and adds 70 the gravity Of the
situation. but n should not be permitted
TO influence the result. II an organization
Of citizens, however large may disobcy
tho mandates OF the court the Same reas.
oning would render them subject to in.
dividuai defiance. Tho one has no great
er right in tho eyes OF tho law than tho
other. Both are subject 10 the law an,
neither are above It.
1--WE have a deep sense OF the far-rcach
ing Importance OF this case. Three die
tlnguished citizens leaders in a grca
cause for tho Improvement and uplift o
the fellow men, with n larger following
I probably than was ever marshallcd ur
! der single leadership in any philar
thronic movement, ere az the bar OF SUI
tice 20 answer the charge OF disohedien'
+. OF an order of court of the Unite
: states. We are not unmindful OF the hi'
u position which the defendants have q
tained but their intelligence forbids a
A. inference OF conclusion that The a.
charged were committed bv them IN
10 norancc OF their duty 70 the courts
e their country. hence. THAI excuse cam
ie be advanced with convincing force
ie ''The sole question before rs Is q
guilt or Innocence OF the defendants II
high distinction which they have attaine
the fairness or unfairness Of the Bucl
Stove and Range Co. and the larger o
ganigation 10 which 81 belongs. the M
tional Manufacturers Association are M
matters 20 be here considered. Meth,
are We. as a court OF review, permitte
d to modify or extenuate the extrcn
II penalty imposed.
'The inherent power Of the court
70 preserve an orderly administration Of 4
s affairs and 20 enforce its orders and d
# cres has always been recognized. In man
10 instances, as IN the case at bar. punisl
e mont FOR contempt IS the only means I
which the court can enforce It's lawf
IS DEGREES. with a proper exercise OF N
le power. the purpose OF IT'S ceratlon al
~ organization is made effective; withO
y Il. It would become an impotent and