Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-08
Makes Some Fine Comments
on the Subjects of lniunC-
ton and Contempt and
Other Matters.
ASKS A JURY TRIAL
HE POINTS OUT THAT ANIEBE
GAN LIBERTIES ARE IN DAN
GER WHEREVER ANY MANS
ACTIONS CAN BE PASSED UPON
BY ANY OTHER ONE MAN.

Toronto, Nov. S.-Gompers report
proceeds to deal with the question of
injunctions, eight-hour law, emplsy-
ers' liabilities and automatic compen-
sation laws, ship subsidy bill, convict
labor, child labor, immigration, Com
pers' European tour, subjects con-
cerning the conduct of the American
Federation, and then says in part, re-
paTding the Buck Stove and Range
case and the decision of the Washing
ton Cd. CO. courts:
This passing comment appears
apropos. 1t is that an unprejudiced,
impartial judge might well have de-
ferred a decision in a contempt case
alleging violation of an injunction
while an appeal upon the validity Of
the injunction itself is pending and
is being considered for decision by
a higher court, and further that the
unprecedented sentences imposed
were entirely in conflict wit the spir-.
1t of the constitution.
"The language and manner of Jus
tice Wright in delivering his opinion
upon the guilt of the men charged
with disobeying the terms of the in
junction, the fact that he had given
his opinion, or permitted it to be Civ
EN- out, that 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 indi-
Gated the unfitness of the men whe
wear the judicial robes and who 90
cupy the judicial positions.
what are the offenses for which
Mitchell, Morrison and | are sen
fenced to long months of imprison-
ment and the ignominy of being
classified as criminals? We have
dared to defend our constitutional
rights as men and as citizens, despite
the injunction Of a COURT which
sought to invade the rights OF free
speech and free press secured TO the
Anglo-SaXon people centuries ago ig
Magma Charta and clinched by the
adoption of the first amendment to
the constitution of the United States
Even if we had been guilty OF
unlawful conspiracy and intimida-
tion-which we were not surely
there should be some more adequate
than by a process OF IN
Junction In fact, existing EaMzF do
provide greater punishment FOR THese
offenses and we respectfully submit
that IL we are guilty of them we
should be tried by the due process
of law before jury OF our people
and If found guilty punished as the
law provides, rather than be sub
jected TO the caprice OF a Judge who
solely determines the sufflciencv
charge, the guilt of the defendant
and who imposes punishment as his
whim may prompt.
1T was to the court Of appeals Oh
the District of Columbia, the person
mel Of which has undergone no
change since the rendering OF the
opinion modifying the Injunction
that the appeal in the contempt pro
ceedings was made. The arenmeuJ
upon the appeal against the sentenxas
imposed by Justice Wright was made
April 1920 1909. Hon. Alton h
Parker and Hon. j.. H. Ralston max.
ng the arguments In labor's behalf
II may be interesting to know fha{
Justice Wright assessed "GomperE
and Morrison" I'm the sum
IF 81 800 as costs OF the Injunction
proceedings against them. From this
iecree an appeal Is also pending In
he whole history OF our movements
40 greater struggle has taken place
han that for the preservation an6
he maintenance Of the right OF free
press and free speech.
AS you we'll know, this came
through the Buck Stove and Range
suit against the American
Federation OF Labor December, 1897
rhe technicalities OF the case were
'oon lost sight Of In the battle TO
preserve the great principles Of hnm-
m liberty which We're involved.
THE response OF the masses OF
he people to the campaign OF the
american Federation Of Labor for
he preservation OF constitutions
lights shows how thoroughly our
abOr movement Is In harmony win