The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-24
JUSTICE WRIGHT
TO 70 R &c I RIAL
Rules That Notion Against
q Labor Leaders Must
Go Forward.
TO TAKE ORAL TESTIMONY
gurist Holds That ofense Is
Civil. Not Criminal-Linita-
ton Plea Ignored.

Washington, y. c., November 2S-.
Refusing to dismiss the contempt pro-
reedinss on tcchnicaiities, aud holding
that the action is civil rather than
criminal, Justice Dan Thaw Wright,
oil the District Supreme Court. today
announced in a lengthy opinion that
oral testimony Will be taken in the
contempt charges against President
Samuel Gompers Vice President John
Mitchell and secretary Frank Morrl-
con. and that the case Will vi oceed.
Notice of special appeal to the
Court of Appeals was filed by counsel
Tor the defendants" This move means
that AN attempt Will be made to take
the case to the upper courts before
testimony is taken
The court held that the statute Of
Limitation for prosecution Of crimes
has no application 10 prosecutions Tor
contempt Of court. ana thar the con
fenuon of the labor leaders that the
alleged act OF contempt was commits
ted more than three years ago is merit
less
Three days were given to counsel
TOR the defendants to reach an agree
ment with the committee Of prosecu-
tors as to the appointment of com
mission or special examiner to take
N'SN.iiioIiy III tie case II an nEreetncSt
cannot be reached within that time
the court will make an appointment.
Uses Vigorous Language.
Vigorous Language is used frequent
~ by Justice Wright in his opinion,
which covers more than thirty type
written pages. lie refers in the OPEN
Ing 10 the nature OF the specifca.
tions." saying that their character
Is so serious and grave, seeking as
they do TO involve If true. n declared
cafricndlness to social order, Il plain
and purposed population of the tri-
bunals OF the people, a defiance of the
supremacy OF the law of the land aud
an open determination to lie done with
law for certain cases"
The opinion was read by Justice
Wright with S five associates sitting
III general session. The courtroom was
crowded to utmost capacity.
Justice Wrights decision to-day
came as consequence to motion TO
dismiss the latest contempt proceed
tngs against the three labor leaders on
the technical ground that the com
niittee of prosecutors appointed by
,he court had fa led to filc replication
30 the answers of the defendants
New Allegation Made.
In the answers of the labor heads
Sas raised the second technical point
or tho application OF the statute of
hmitatons to the proceedings In CON
tempt, their claim being that they
should be given the benefit of the
Limitation bar TO charges against them
on the theory that contempt of court
y criminal oncnse and that more
Tran three years have elapsed since
the commission of the alleged act OF
contempt
The particular oIensc charged is
ehe disregard OF the injunction OF tGs
court granted December u.s. 1907 by
Justice Ashley NJ. Gould. in favor a..
The Bucks Stove and Range Company,
or st. Louis. Originally the case grew
out of tho so-called boycott of the
ttore corporation by the American
ederation of Labor and the publi-
cation OF the declaration that the
company was unfair"
The temporary Injunction granted
IN December. 1907. to restrain the
American Federation of Labor from
putting the stove compan ny on the Gun
iair list and under the caption 1--WE
don't patronize" In the American
federa,ionist was made permanent
shrce months later.
Contempt procerdinEs against Messrs.
Gompcrs, Mitchell and Morrison were
subsequently instituted for alleged
violation OF this order, the evidence
Including public utterances of the
three defendants. The three men were