The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-07-18
GOmpers. Mitchell and Morri-
SON Fighting Contempt Case
Before Justice Wright.
MOTION TO DISMISS Is
QUICKLY OVERRULED
Hearing Postponed Until Next
Monday; Judge Parker APP
pears for Defendants.

WASHINGTON. July l7.-Protests
AGAINST further hearings before Justice
Wright on the ground that he already
had formed and expressed an opinion
against the defendants, and attempts TO
stop the hearing by technical objections
having proved futile today, Samuel
Gompers. John Mitchell and Frank
Morrison, labor leaders, will appear IN
the district court again next Monday
to insist tina, the latest contempt
charges against them in connection
with the Bucks Stove and Range case
be made more specific. Continuance Tor
week was agreed on after the prose
eutors had demanded the two days al
lowed by law to answer motion for
bill Of particulars.
Motion to Dismiss,
4 motion to dismiss on the ground
that the service OF the order was IN
complete was sustained. but when JUS
tice Wright directed the marshal to
serve new papers forthwith, the point
was waived. Next the defendant
moved TO dismiss because the report OF
the committee of lawyers submitted to
the court in the case was not proper
one. In that the members of the COM
mittee did not and could not exercise
the judicial qualities required In the
order It was contended that the mem-
berS of the committee were counsel Tor
the National AntiBovcott association
and that the conclusion OF The Buck
Stove and Range company's S case dld
not stop "their persecution of these
defendants and therefore they were not
qualified to pass judgment upon the
acts of the defendants"
Opening of the Court.
This motion was overruled, the court
holding that the members of the com
mittee were prosecutors and not called
on TO exercise judicial functions. In
ruling the court remarked that even
had the committee reported that there
were no reasonable grounds for con-
tempt proceedings such a report would
not have been received. GomperS' at
torneys at once protested that In view
of this expression by the court they
that Justice Wright should certify the
case to some other Justice for trial.
Justice Wright curtly dismissed the
protest with 'fYou may proceed.
An exception was noted.
The motion to strike out the names
of Messrs. Davenport, Darling and
Peck as prosecutors and substitute the
district attorney was overTuled insofar
as the members of the committee were
concerned. The court asked the dis
trict attorney if he would be willing to
have his name added TO the committee
as prosecutor; and gave him time to
consider the question:.
A motion for bill Of particulars was
then filed.
Long Hearing in Prospect.
The hearing promises to be lengthy
one. If all Of the various motions by
the defendants are dismissed, an an
swer to the order will be filed within
the next two weeks. Should the court
hold that the answer raises a question
of facts, the case will go over until
October, when all the members of the
district court probably will sit with
Justice Wright as advisers. This was
announced by Justice Wright today.
Technically the defendants appeared
by counsel only today, Judge Alton B.
Parker of New York and the local law
firm of Ralston, Siddon & Richardson
representing them. But in reality all
three were on hand before court con-
vened comforting with their lawyers
and friends.
j. j. Darling and Daniel Davenport,
members OF the committee Of lawyers,
appeared as prosecutors, j, M. Beck,
the third member of the committee, is
in Europe.
The meeting was adjourned until next
Monday without action.