Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-07-18
Contentious Of Labor Men
OverruIed by Wright.
Appeared al Washington 10 Op-
pose Latest Contempt Order.
Mitchell and Morrison Join Attack
Hearing Next Monday.

Washington. July Protests
against further hearing 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 OBJ
jecticns having proved futile today,
SamGel 6ompers, John Mitchell and
Frank Morrison. the labor leaders,
will appear in the district supreme
court again next Monday to insist that
the latest contempt charges against
them in connection with the Bucks
Stove and Range CO. ease be made
more specific. Continuance for week
was agreed upon after the prosecutors
had demanded the two days allowed by
law to answer motion for a bill of
particulars.
The American Federation officials
today showed no disposition to offer
the apology which the report of the
committee of lawyers suggested might
end the proceedings. In fact. the order
of the court citing them to appear and
show cause why they should not be
punished for contempt was interpret
ed today as affording them no oppor-
tunity to apologize even had they been
so disposed.
With the motion for bill of partic
ulars the defendants filed affidavits de-
nying certain specific charges contain
ed in the committees report,
Attacking the jurisdiction of the
court and the legality of the proceed
ings, President Samuel Gompers. Vice
President John Mitchell and Secretary
Frank Morrison of the American Fed
Grafton of Labor appeared in the
equity branch of the supreme court of
the District of Columbia today to re-
sist the latest contempt order issued
against them by Justice Wright The
first moves were of a technical nature
and were overruled by Justice Wright.
A motion to dismiss on the ground
that the service of the order was in
complete. was sustained, but when
Justice Wright directed the marshal to
serve new papers forthwith the point
was waived
Next the defendants moved to dis
miss because the report of the com
mittee of lawyers submitted to the
court in the case was not proper one.
In that the members of the committee
did not and could not exercise the ju-
dicial qualities required in the order.
II was contended that the members of
the committee We're counsel for the
National Anti-Boycott Association and
that the conclusion of the National
Anti Boycott Association and that the
conclusion of the Bucks Stove and
Range Cos. case did not stop their
persecution of these defendants and
therefore they We're not qualified to
pass judgment upon the acts of the
defendants" This motion was over
ruled the court holding that the MEM
bers of the committee were prosecutors
and not called upon to exercise judicial
functions. In ruling the court remark
ed that even had the committee report
ed that there were no reasonable
grounds for contempt charges. such
report would not have been received.
Gompers attorneys at once protested
that in view of this expression by the
court they should not be compelled to
proceed, but that Justice Wright
should certify the cause to some other
justice for trial. Justice Wright curt
~ dismissed the protest with you may
proceed" An exception was noted.
The motion to strike out the names
of Messrs. Davenport, Darlington and
Beck as prosecutors and substitute
that of the district attorney was over
ruled insofar as the members of the
committee We're concerned. The court
asked District Attorney Wilson If he
would be willing to have his name add
ed to the committee as a prosecutor
and gave him time to consider the
question.
A motion for bill of particulars was
then filed.
If all the various motions by the de-
PENDANTS are dismissed an answer to
the order will be filed within the next
two weeks. Should the court hold that
the answer raises question of facts
the case will go over until October,
when all of the members of the dis
trict supreme court probably viii sit
with Justice Wright as advisers. This
was announced by Justice Wright to-
daY.
Technically the defendants appear
ed by counsel today. Judge Alton b.
Parker of New York and the law firm
of Ralston. Siddon e Richardson rep
resenting them. But in reality all three
were on hand before court convened,
comforting with their lawyers ana
friends j. j. Darlington and Daniel
| Davenport, members of the committee
of lawyers appeared as prosecutors. j.
| NJ Beck, the third member OF the
committee, is in Europe The hearing
was adjourned until next Monday With
out action