Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-05-20
No Jail For 6Ompers. Nit.
CheIl and Morrison.
SUPREME COURT DECISION
Labor Leaders Sentenced by Lowei
Court For Contempt Get Rever.
cal Because 0ffense Was
Not Criminal.

Washington, May 16.-Setting aside
the sentences OF Imprisonment i'm
posed by the supreme court of the Dis.
trict OF Columbia for alleged disobe.
dienoe to a boycott injunction, the SUI
preme court OF the United States hello
that Samuel Gompers John Mitchell
and Frank Morrison, president. vice
president and secretary. respectively.
OF the American Federation of Labor,
had been erroneusly sentenced to jail
on charge of contempt of local
court tGs
The case grew out OF the boycott OF
the Bucks Stove and Range company
of st. Louis, and the proceedings
brought by that company against the
three labor leaders for speeches and
articles published in the American
Federationist.
Setting aside the sentences of im-
prisonment imposed by the supreme
court OF the District of Columbia, the
supreme court OF the United State
held that Gompers. Mitchell and Nor
rison had been enormously sentenced
BY the finding OF the lower court
Gompers had been sentenced to one
year in Jail. Mitchell to nine months
and Morrison to six months.
Justice Lemar delivered the courts
decision.
Not a Criminal Case.
The court unanimously held that the
only sentences that could be imposed
upon the labor leaders were fines. In
so holding the court found that the
court OF appeals OF the District of Co
| umbia and the supreme court Of the
| District OF Columbia erred in treating
| the contempt proceedings as crimi
| nal case and not civil one The eff
feet OF holding the proceedings civil
one was to make jail sentences i'm
possible. Hence the jail sentences ha6
to be set aside.
To correct the error the case wa
sent back TO the local courts with di
| rection that 1t be dismissed. At thu
same time the courtexpressly made i
possible for civil proceedings to b.
instituted against tho labor men b.
the Bucks Stove and Range company
at whose instance the original con
tempt case was brought.
Inasmuch as all the differences be
tween the labor men and the Buck
Stove and Range company have bee
adjudicated, including the boycott
case out of which the contempt PR
4 ceedings arose. new civil proceeding
are considered highly improbable, an
the decision Is probably the last tina
will be heard OF this famous action.
The court WIS led to hold that tn
contempt proceedings in this cas-
must be civil In nature. because Grim
nal punishment is exercised by couI
to force persons to do acts command
ed. In the present case the court too
the view that the labor men were b,
ing sent TO jaiI. not to make them d
something the court ordered, but b.
cause OF --something they had done"
wsnteu Principle Settled.
4 Samwei Goppers returned from Nev
4 York. and saad he was gratified tina
1.-THE supreme scourt had reversed tn
A uc1irioh vi iuE ioWci h'Duudi, Uut IL
II added
4 Il am disappointed that the cour
did not decide the principle In cor
teniion in the proceeding. | believ
1t to me the consensus of opinio
everywhere THAT the sentences of 81,
nine and twelve months imposed O
Morrison. Mitchell and myself wer
larly in an alleged constructive con
tempt and that the judges Language
was Incorporate and unjudicial.
Mr.. Gompers said that the Buck
Stove and Range company and tn
Federation now were on good term
| and he did not believe the compan!
| would take advantage OF the openini
I fx.r ct fr.r k., Al