The Washington times., 1911-11-23
Rules That Action Against
Labor Leaders Must
Go Forward.
EXAMINER TO TAKE
ORAL TESTIMONY
Jurist Holds That Offense Is Civil,
Not Standardization
Plea Ignored.

Refusing to dismiss the contempt pro-
ceedings on technicalities and holding
that the action is civil rather than Grim
inal. Justice Dan Thaw Wright. Of the
District Supreme Court, today an-
nounced in a lengthy opinion that oral
testimony will be taken in the contempt
charges against President Samuel
Gompers. Vice President John Mitchell
and Secretary Frank Morrison, and that
the case will proceed.
Notice OF a special appeal to the
Court of Appeals was filed by coun-
Sci for the defendants. This move
means that an attempt will be made
to take the case to the upper courts
before testimony is taken.
The court held that the statute Of
Limitation for prosecution Of crimes has
no application to prosecutions for con-
tempt Of court, and that the contention
Of the labor leaders that the alleged act
Of contempt was committed more than
three years is meritless.
Three days were given to counsel for
the defendants to reach an agreement
with the Committee of prosecutors" as
to the appointment of a commission or
special examiner to take testimony In
the case. II an agreement cannot be
reached within that time the court will
make an appointment.
Uses Vigorous Language.
Vigorous language is used frequently
by Justice Wright in his opinion. which
covers more than thirty typewriter
pages. He refers in the opening to the
mature Of the specifications" saying
that their character is SO serious and
grave, seeking as thev do to involve, Is
true, q declared unfriendliness to social
order. a plain and purposed reputation
Of the tribunals Of the people, defiance
OF the supremacy Of the law Of the land
and an open determination to be done
with law for certain cases"
The opinion was read by Justice
Wright with his five associates sitting in
general session.. The court room was
crowded to utmost capacity.
Justice Wrght's decision today came
as q consequence to a motion to dismiss
the latest contempt proceedings against
the three labor leaders on the technical
cutors' appointed by the court had
of the defendants.
New Allegation Made.
In the answers of the labor heads was
raised the second technical point Of the
application Of the statute Of limitations
to the proceedings in contempt, their
claim being that they should be given
the benefit of the Limitation bar to
charges against them on the theory that
contempt of court Is criminal offensc
and that more than three years have
elapsed since the commission Of the al
legged act of contempt.
disregard of the injunction Of the court
granted December 1S, 1907, by Justice
Ashley M. Gould, in favor Of the Bucks
Stove and Range Company. of st. Louis.
so-calied boycott Of the stove corpora
ton by the American Federation of La
Dor and the publication of the declara-
tion that the company was unfair.
The temporary injunction granted In
December. 1907, to restrain the American
Federation Of Labor from putting the
stove company on the unfair list" and
under the caption I'VE don't patronize"
permanent three months later.
Contempt proceedings against Messrs.
Gompers, Mitchell and Morrison were
subsequently instituted for alleged vio-
Guiding public utterances Of the three
defendants. The three men were found
guilty by Justice Wright who imposed
Jail sentences.
one year in Jail, Vice President Mitchell
to nine months. and Secretary Morrison
to six months. AS officers Of the
American Federation they were held re-
sponsible for the acts Of that body.
Supreme Courts Decision.
On May Is last the United States Su-
preme Court handed down a decision.
read by Justice Lamar and unanimously
concurred in by his associates, relieving
the three labor leaders from the Jail
sentences imposed, but gave the lower
court the right to reopen the case.
The court of last resort held that the
proceedings brought against the labor
officers were for civil contempt, which
could be punished only by the imposi-
tion Of a fine.