United labor bulletin., 1911-07-27
PARKER MAKES ARGU.
MENT FOR G0MPERS
Imprisonment Expected by A. F.
of L. Officials.

II there had fingered any doubt in the
minds of anyone interested in having set
aside the jail sentences imposed upon
Samuel Gompers, Frank Morrison and
John Mitchell. that doubt has been dis
PEELED. Immediately subsequent to the
decision handed down by the United
States supreme court. and even before
il was possible to procure the official de-
cision, Justice Wright Of the supreme
court Of the District Of Columbia, who
sentenced to Jail the above officials, took
steps to reimpose the sentences which
had been set aside by the United States
supreme court. a committee Of attorneys
comprising those who were active in the
prosecution Of the Federation officials,
was instructed to Investigate and report
whether in its opinion there had been a
contempt committed. This committee re-
ported and July II. 1911. was the date
set when President GomPers, Secretary
Morrison and Vice-President Mitchell
were summoned into court 10 show
cause why they should not be held in
contempt. When the officers Of the
American Federation Of Labor appeared
in court their attorneys took the position
that the committee had been exercising
a judicial function, and that, in the eser-
else OF that function by prejudiced men,
the ends Of Justice could not be reached.
and a motion was made by Attorney
RaIs.on to set aside the report Of the
committee.
Judge Parker then made the following
statement:
"A prosecuting attorney is in the eye
OF the law an unprejudiced representa-
tive OF the people, even of the man ac-
cused and IL is his duty to see that the
accused be not prosecuted. IT, in his juds-
ment the prosecution would be an in
g,,u, IN, In iG
reason that the courts. sensitive OF their
own honor and dignity. have ever taken
pains, unless the contempt were com
mitted in the immediate presence of the
court. to have an investigation, Judicial
in its character. TO see whether or not,
not whether a contempt had been tech
nically committed, but whether under all
OF the circumstances the person should
be charged with having committed the
crime of contempt OF court"
1t had been contended by the attorneys
for the accused that the committee was
composed of men who were employed by
the American Anti-Boycott association,
whose sole mission was to prosecute or.
ganized labor. Taking up that phase OF
the question. Judge Parker said:
MY learned friend (Mr. Davenportl
has admitted here purposely what our
papers tend to show and that is, that he
was counsel Tor the American Anu-BoN-
colt association that that associa
tion takes up and prosecutes cases ma
tion-wide in their character against the
organization of labor on the other hand
He is in that position now. He was in
that position representing this associa-
ton when entrusted with this high duty
by your honor. He sat upon and invest-
gated, not merely what was done, but
with the purpose OF investigating and
recommending whether this tremendous
" powerful weapon of the court which
is so seldom used that the supreme court
of the United States says 1t is sparingly
employed, to say whether, under the cir
cumstances, proceedings should be
taken charging men of character and
standing with having committed crime
Therefore. IL seems to me. and | submit
II most humbly to your honor, that the
dignity of the courts. of which we are so
Justly proud In this country, is best main
tanned by preserving. even Mt the ex-
pense OF annoyance and trouble, that or
derly procedure by which there is
brought comely to the court after judi
cial investigation by members of the bar
who represent no clients. to advise the
court on their professional honor that in
their Judgment there should be some one
charged with the offense of criminal con-
tempt"
Justice Wright. in passing upon the
motion offered by Attorney Ralston
Continued on Page 81