The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-07-18
APPEAR TORES|ST
CONTEMPT ORDER
Justice Wright Overrules Mo-
tons OF Labor Leaders for
Dismissal.

Washing ton. d. c., July 17.-Attack-
ing the jurisdiction of the court and
the legality of the proceeding. Presi-
dent Samuel Gompers. Vice President
John Mitchell and Secretary Frank
Morrison, of the American Federation
OF Labor. appeared In the equity
branch of the Supreme Court OF the
District Court OF Columbia to-day to
resist the latest contempt order issued
against them by Justice Wright. The
hrst moves were of technical nature,
and were overruled by Justice Wright.
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 tho
point was waived.
Lawyers Report Attacked.
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 a proper
one. IN that the members of the COM
mittec did not and could not exercise
the judicial qualities required In the
order
1t was oontended that tho members
of the committee were counsel for the
National Anti Boycott Association. and
that the conclusion OF the Bucks stove
and Range Company's case did not
stop their persecution of these de-
PENDANTS. and therefore they were not
qualified TO pass judg ment upon the
acts of the defendants"
The motion was overruled. the court
holding that the members OF the COM
mittee were prosecutors and not
called upon to exercise judicial func-
lions
Declare Judge PrejudIced.
N a
even had the committee reported that
there were no reasonable grounds for
contempt charges, such report would
not have been received. Compress at
torneys 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 case to some other justice for trial
Justice Wright CURLY dismissed the
protest with ~ on 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 In so far IS the members Of the
committee were concerned
The court asked District Attorney
Wilson If he would be willing to have
his name added TO the committee as
prosecutor. and gave him time to con-
slider the question.
y motion for bill of particulars
was then filed.
May Go Over to October.
II all of the various motions by the
defendants are dismissed. an answer
to the order VIII be filed within the
next two weeks. Should the court
hold that the answer raises a question
OF facts. the case will go over until
October. when all OF the members of
the District Supreme Court probab bly,
Will sit with Justice Wright as adv!s-
ers. This was announced by Justice
Wright to-day.
Technically. the defendants appeared
by counsel only to-day. Judge Alton b.
Parker. OF New York. and the local
firm of Ralston. Siddons * Richa rdson
representing them, but In reality all
three We're on hand before the court
comforting with their lawyers
and friends. j. Darlington and Dan
Tel Davenport, members OF the com
mittee of lawyers. appeared as prose
cutors. ]. NJ. Beck, the third member
of the committee is in Europe.
The hearing was adjourned until
next Monday by which time the bill OF
particulars viii have been filed.