The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-05-16
(0U n SETS Their
SENTENCE ASIDE
Continued From First Page y

commended. constituted n boycott
The supreme Court Of the District
OF Columbia after a hearing, granted IL
temporary Injunction on January 10,
1907. making IT permanent three
months later. The courts order pro-
hlbitcd the defendants FROM attack
Il Ing the manufacturing company in the
publication or o,hcr unlawful ways.
II. shortly after tic order was cnt cred
the manufacturing, company appeared
Ia court charging contempt against
the three lahor officials. rhcy were
found guilty and sentenced. Golnpers
TO twelve months in Jail. Mitchell To
nine months, and Morrison to sx
months. The sentences were appealed
4 to the District Court OF Appeals. with
out avail, aud the matter then was
laid before The Supreme Court.
y Differences settled.
Before tho supreme Court had oppor-
tunity ia hear the Testimony. the
Bucks Stove aud Range Company had
H settled all Its differences with, tho de-
PENDANTS. ard all that remained for the
court OF last resort 10 do wa TO rule
in the contempt feature OF the long
Fought litigation.
Justice Lamar devoted considerable
space to a technical discussion Of civil
ms differentiated from criminal con
tnmpt IL 80 former only II fine was
criminal contempt Jail sentences could
be imposed The case under consid-
GRAFTON. he said, had been brought by
q corporation In conjunction with
suit In equity, and fine. to be paid
to the corporation. alone. could be inn
posed Had the court. whose iniunc-
ton had been disobeyed felt ag-
srieved 1T could have brought crim
nal contempt proceedings in the prem
ises and have Inflicted jail sentence.
1t d!i not do this. however. and the
opinion held that It erred In imposing
In civil contempt case a penalty ap-
plicaSle only to litigation Involving
criminal contempt. The opinion, in
conclusion. reads:
The Judgments OF the Court OF APP
Eoals and the Supreme Court OF the
District arc revoked and the case re-
inanded, With direction that the con
tempt proceedings Instituted by the
BUCKS stove and Range Company BIO
dismissed, but without prejudice TO
the power and right of tho Supreme
Court OF the District OF Columbia 10
punish By a proper proceeding of con
tempt, II any. committed against It,"
Action Unlikely
In View OF the fact that the original
cause Of the long drawn out litigation
has been adjudicated out OF court. Il
is considered unlikely that the Dis
trict Supreme Court will take advan-
to reopen proceedings against The three
labor leaders t
- - Hintory of Cnse.
y The charges OF CONTEMPT arains,
President Gompers Vice President
Mitchell and Secretary Morrison arose
gu; OF bitter labor war between or
ganized la Dor and the Bucks Stove and
Range Company. OF ST. Louis. Mo.
me St Louis concern had come into
tho Supreme Court OF the District OF
Columbia 10 prevent. by Injunction. tho
american Federation OF labor and lis
officials from boycotting Its own pro.
ducts or the business OF those who deal,
with II. The questions involved ano
the parties concerned attracted wide.
spread attention. The company claimed
,liat the federation was trying 10 union
lie the coInpany's shops The labor
leaders urged that the company was
unfair" to LABOR. The head of the
company was JIM Van Cleave. presi-
dent OF the National Manufacturers
Association. which had often come into
conflict with the federation. He was
charged with having been opposed TO
organized labor and with having sought
TO put his nickel-plate workers on n
ten-hour Instead of n nine hour basis
Justice Gould. OF the District SUI
preme Court Issued the Injunction
prayed for by the company. An APP
peal was taken 20 the Court OF Appeals
of the District of Columbia. but before
that court could pass uponlthe validity
or the Injunction. the Bucks Stove and
Range Company again came into ths
District supreme Court. this time with
charges OF contempt against President
Gompers. Vice President Mitchell and
Secretary Morrison. These men were
accused Of having violated the injlnc-
l. L .
- Sentenced to Jail.
Justice Wright found them guilty and
sentenced President Gompers TO one
year in JAIL Vice President Mitchell 20
nine months. and Secretary Morrison tr
SIX months. An appeal was taken
from this sentence. first to the Court OF
Appeals. which affirmed 1t, and finally
to the Supreme Court OF the United
States.
4 The alleged violations consisted Of
utterances and acts In furtherance OF
the boycott. 1t was charged that MIR ]
y Gompcrs had rushed out the January
number of The American Federationist,
the official organ of the American Fed
GRAFTON of Labor. SO as to evade the de
cree. which went into effect the day
after most of the magazines We're out Of
his hands. This magazine contained the
. name of the company on the 1--WE Don't
Patronize'' or Unfair" list lit was also
alleged that number of copies of this
magazine were sent out after the de-
cree became effective In defense tes-
timony was presented to show that
only thirty-odd copies were mailed to
libraries and other similar Institutions
The complainant claimed that about 100
were sent out tli =
1t was further charged that In The
succeeding number of tho Federationist,
GomDerS. Mitchell and Morrison ;otpnd
in an appeal 10 organized labor for
funds to carry the Injunction case tc
the higher court. It was contended
that this appeal was used a q xchlcls