Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-06-26
REPORT OF Committee
MAKES MANY CHARGES
Gompers Held Chief Offender in De-
fance of the Court.
TRIAL BEFORE FULL BENCH
Rule Is Returnable July II, But
Hearing Probably Will Go Over
Until Some Time in the
Fall.

of the District Of Columbia TODAY cited
for alleged contempt of court Samuel
Gompers. president of the American Fed
Grafton Of Labor: John Mitchell one OF
its vice presidents. and Frank Morrison.
secretary Of the federation. They are
required by the courts order to show
cause Monday. July IL. why they shall
not be adjudged guilty of contempt and
be punished accordingly
The citation is based on a report OF Jo-
seph j. Darlington OF the local bar, Dan
lei Davenport OF Bridgeport, Conn.,. and
James M. Beck OF the New York bar,
the committee appointed May Is last by
Justice Wright to investigate the charge
that the injunction granted by the Dis
trict Supreme Court In favor of the
Bucks Stove and Range Company of st.
Louis. Mo-. had been violated.
Report a Lengthy One.
The appointment OF the committee Of
lawyers followed the decision Of the Su-
preme Court OF the United States setting
aside previous adjudication in contempt
by the District court and a sentence Of
jail imprisonment OF twelve nine and six
months. respectively. against Gompers,
Mitchell and Morrison.
The committee's report. filed with Jus
tice wright today. reiterates the alleged
violations by the accused which formed
the basis OF the previous adjudication. and
supplements the alleged contempts OF
court at great length. Mr.. Gompers II
treated In the report as the chief offender,
and as many as twenty-five pages OF type
WHINE IN - ~ a.
tails of the charges that by speech and
In writing the president OF the labor
union violated both the letter and spirit
OF the courts injunction against the pub
name on the unfair list in the American
Federationist and against boyootting the
company's product. The charges against
Mitchell and Morrison are covered IN
twenty-seven pages In all.
Hearing Before Full Court.
Although an early date has been set for
the filing OF the answers of the labor
leaders to the contempt rule, there will be
no hearing Of the matter until fall. when
the District Supreme Court convenes for
the October term. While technically the
hearing will be before Justice Wright,
holding Equity Court No 2. the entire
membership of the court will be present
Chief Justice Clabaugh and Associate Jus
tices Barnard. Anderson, Gould and Stat
ford will sit with Justice Wright during
the taking OF the testimony and through
out the arguments Of counsel Justice
Wright will deliver the opinion of the
court, and In the event OF finding ad-
verse to the respondents will pass SEN
tence.
The other five justices share the opinion
OF Justice Wright, IL is said, that the
case of alleged contempt is important in
establishing and maintaining the dignity
OF the court and as showing the necessity
that its DEGREES be given entire obedience
and be not violated even in spirit. With
this view they have determined to sus-
pend the operations OF their several courts
during the time necessary to hear this
matter of alleged contempt.
Thought They Were Privileged.
After setting forth the acts and speeches
of Mr.. Gompers which the committee
claims are violations of the courts order.
claims are violations of the courts order.
suggestion is made that the labor lead
ers acted under what they considered a
privilege allowed them by the Constitution
of the United States. The report on Mr..
Gompers concludes. as do the findings
against Mitchell and Morrison, in these
words:
with regard to each and every of the
acts. statements and publications above
set forth the said Samuel Gompers as
serted, and IL may be he then believed.
that the injunction was not binding upon
him because OF what he claimed to be
his constitutional right of free speech
and a free press: and II may be that.
now that this contention upon his part
has been determined by the Supreme
Court Of the United States to be un-
founded, he may be prepared 70 make
such due acknowledgment, apology ana
assurance Of future submission to the
court as may sufficiently answer the
necessary purpose OF vindfcating its au-
thority and that of the law. Should
such acknowledgment, apology and sub
mission not be forthcoming, after due
notice and opportunity. the course neces-
sary to be pursued TO maintain It's Dig
nifty and due respect for and obedience
TO the law is respectfully submitted TO
the court for its consideration"
Additional offenses Charged.
In addition to the charges which
formed the basis of the former con-
tempt proceeding, the committee
charges both Gornpers and Mitchell
with added violation of the courts
decree. The committee has no addition
al charge of disrespect against Nor
rison.
Attorney j. J. Darlington. chairman
of the investigating committee, came
before Justice Wright this morning in
open court and presented the report
He said: May il please the court
in the matter of Samuel Gompers,
Frank Morrison and John Mitchell
am directed by the committee TO pre-
sent its report finding that there is
reasonable cause to charge each OF
these parties with willful defiance or
the orders OF the court and submit
ting to the court the form OF rule
to show cause why they should not be
SO adjudged."
Justice Wright, after reading the re.
port, consulted with Attorney Darling
ton al to the return day for the rule.
He decided on July II. when he returns
to take up his two-week term of va
cation service" on the bench. The court
that service be had on the
labor leaders by July =.
Charges Against oompers.
The violation Of the decree a. charged
BY the committee against Gompers dates
back to December Ia 1907. whsn. II 10
declared altar thu decree hnd ham