Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1911-05-16
LABOR LEADERS ARE
DECLARED FREE BY
SUPREME COURT
Imprisonment Sentence of the
Lower Court Against Com
perS, Mitchell and Morrison
Is Finally Set Aside

213oe4AN14
WASHINGTON. May 15.-Setting aside
the sentences Of Imprisonment imposed
BY the supreme court OF the District Of
Columbia. for alleged disObedience to a
boycott injunction. the supreme court OF
the United States today held that Sam
ueI Gompers, John Mitchell and Frank
Morrison, president. vice president, and
secretary. respectively. OF the American
Federation OF Labor. had been erroneous
" sentenced to Jail on the charges Of
contempt OF a local court.
This was the frst case announced Jus
tice Lamar delivered the courts decision.
He began to read the written opinion
without declaring the decision at II
O'Clock Many minutes were spent IN re-
viewing the facts.
the court unanimously held that the
only sentences that could be imposed up
on the labor leaders were fines In so
holding the supreme court Of the United
States found that the court OF appeals or
the District Of Columbia and the supreme
court of the District Of Columbia erred
IN treating the contempt proceedings as a
criminal case and not a civil one. The
effect OF holding the proceedings civil
one was TO make jail sentences impossi-
bic. Hence the jail sentences had 70 be
set aside
To correct the error the case was sent
back to the local courts with direction
that II be dismissed. At the same time
the court expressly made il possible for
civil proceedings 10 be instituted against
the labor men by the Buck Stove and
Range company, at whose instance the
original contempt case was brought.
Ths court was led to hold that the
contempt proceedings in this case must
be civil in nature because criminal pun
ishment is exercised by courts to force
persons to do acts commanded. In the
present case, the court took the view that
the labor men were being sent TO jail.
not TO make them do something the court
ordered. but because OF something they
had done 4"
II as much as the difference between
the labor men and the Bucks Stove and
Range Co have been adjudicated. in
GLIDING the boycott case out OF which
the contempt proceedings arose. today's
decision is probably the last OF this
widely known action
The charges Of contempt against Pres
ident Gompers, Vice President Mitchell
and Secretary Morrison arose out OF a
bitter labor war between organized labor
on the Ticks Stove and Range com
pany. OF st. Louis. No.
The St Louis concern had come into
the supreme court OF the District OF
Columbia to prevent, By injunction, the
American Federation OF Labor and Its OF
ffcials from boycotting its own products
or the business OF those who dealt with
It The company claimed that the Fed
Grafton was trying TO unionize the COM
pany's shops The labor leaders urged
that the company was unfair" 70 la
Dor. The head OF the company was J
W. Van CIeave. president OF the Ma
tional Manufacturers association. which
had often come into conflict with tho
Federation He was charged with having
been opposed 10 organized labor and viii
having sought 10 put his nickel plate
workers on . ten-hour instead OF a nine
hour basis
Justice Gould, Of the district supreme
court. issued the Injunction prayed for
bv the company An appeal was taker
to the court OF appeals Of the District
of Columbia but before that court could
nass upon the validity OF the injunction
the Bucks Stove and Range company
arain came into the District supreme
court this time with charges OF con-
tempt against President Gompers, Vice
President Mitchell and Secretary Morri-
son. These men we're accused OF having
violated the Injunction decree
n Justice Wright found them guilty and
sentenced President Gornpers TO one year
in iail. Vice President Mitchell 10 nine
months and Secretary Morrison 70 sis
months. An appeal was taken from this
sentence. first 10 the court OF appeals
which affirmed II. and finally TO the
supreme court OF the United States
where II Is now pending.