The labor journal. [volume] (Everett, Wash.) 1909-1976, 1911-05-26

Washington, May 25.-The sentences
imposed on President Gompers. Secre
tary Morrison and Vice President Mitch
ell for alleged contempt of court have
been swept aside by the United States
supreme court. While these officials
are gratified at IA reversal of the lower
courts. yet the fact that settlement of
the controversy between the American
Federation of Labor and the Buck Stove
and Range company operated to elimi-
nate important questions. on which it
was greatly desired that definite de-
cision be rendered
Under the decision the ease is re
manded with the direction that the con
tempt proceedings instituted by the
Buck Stove and Range company be dis
missed, but without prejudice to the
power and the right of the supreme
court of the District of Columbia to
punish by proper proceeding, con
tempt, if any, committed against it."
Justice Lamar rendered the opinion,
and the closing words We're:
I'VE have shown that this was a pro
ceeding in equity for civil contempt
where only the remedial relief possible
was fine payable to the complainant.
The company prayed for such relief as
the nature of its case may require and
when the main case was terminated by
settlement of all differences between
the parties. the complainant did not re-
quire, and was not entitled. to anv com
pensation and relief of any other char
acter. The present proceeding neces-
sarily ended with the settlement of the
main cause of which it is a part"
The court was unanimous in the de-
cision rendered.
1t was apprehended at the time the
decision was handed down that the en-
tire matter was a closed incident, but
Justice Wright, from whom more
scathing and vituperative arraignment
against the federation officials was
never approached in any court, appar-
emily has retained the full vigor of his
wrath The morning following the de
| cision he did not convene his court until
he had taken the preliminary steps to
again hale into his jurisdiction the men
who had been relieved of the necessity
OF suffering the penalty of Imprisonment
inflicted by him by order of the supreme
court. The action taken by Justice
Wright is as follows:
1T appearing to this court that there
is reason to believe that Samuel
Gompers, John Mitchell and Frank Nor
rison are guilty of contempt of court of
the supreme court of the District of Co
lumbia in wilfully violating the terms
of an order issued by the court on or
about the 18th day of December, 1907, in
the cause numbering p ,3O5 and entitled
the Buck Stove and Range Company,
Plaintiffs, VS.. the American Federation
of Labor, Samuel Gompers, ct al, De-
PENDANTS, it is ordered that j. J. Dar-
lington, Daniel Davenport and James
Beck, Esq. be and they are hereby EN-
powered to inquire whether there is
reasonable cause to believe the said per
sons guilty as aforesaid, and if yea,
they are hereby empowered and directed
forthwith to prepare. file. present and
prosecute against the persons heretofore
first named charges of contempt of court
to the end that the dignity of the court
be established, vindicated and satisfied
WRIGHT. Justice"
This action indicates that further pro
ceedings are in order. as the men named
in Justice Wrights order were the at
torneys who participated in the persecu-
ton of the American Federation of Labor
in the former trials. President Gompers,
when informed of the action of the jus
tice merely remarked: Let them 90
as far as they like"