Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-05-16
Declares The Judge Erred in
Giving Jail Sentences
And in Making Their Cases
Criminal Instead OF Civil.
General Satisfaction with Decision
In Labor and Other Circles.

Washington. May 15.--Samuel Com
pcra John Mitchell aud Frank Morri-
son, president. vice president and Sec
regary of tine American Federation Of
Labor, respectively, stepped from the
shaved of jail today. wnen the SUI
IRENE court of the United States set
aside their sentences of imprisonment
for contempt growing out of the liti-
CATION between the Bucks Stove q
Range 90. and the Federation. Tie
highest tribunal in the land has left
with the lever court, however, the
right to reopen the contempt pro-
ceedings. This grant of power prob
ably will not be accepted and the
case is practically ended with todays
decision.
zrhe basis of the courts opinion was
that the proceeding brought against
the LABOR officers was for civil con-
tempt WHICH could be punished only
by the Imposition OF a fine. The sent
enee Of the lower court 10 imprison-
ment vas tile penalty for criminal
eente 7pt and in tie premises. there
fore. 1t was not a legal punishment,
rho case, which grew out of the
so-called boycott If the Stove Cor
poration by the American Federation
of Labor three years ago is one of
greatest importance to union labor
s4rnd to the employers of ur.ion labor.
The supreme court holds that the
published or spoken ntteraHee of or
ganized labor can be enjoined or at
tackled legally. because organized la-
Dor is a combination. and as such.
relinquishes the rights of individuals.
1t also establishes hat legal proseeu-
ton can be levelled not only at the
unior itself, but at It's officers as we'll.
Washington, May 15.-setting aside
tile sentences of imprisonment impos-
ed by the supreme court of the Dis
trict of Columbia for alleged dis
obedience 10 q boycott injunction. the
supreme court of the tinted States
Monday held that Samuel Gompers,
John Mitchell AMI Frank Morrison,
president. vice presitfsN Md secretary
respectively of the AlnerAa Fedora
ton of Labor, had been enormously
sentenced 10 Jail on charge OF con-
tempt Of a local court
Jiistire Lamar delivered the courts
decision. He began to read the writ
ten opinion without announcing the
decision at IL o'clock. Many Minutes
We're spent in reviewing the facts.
The court unanimously held that tho
only sentences. that could be imposed
on the labor leaders were fines. In
so ruling. the supreme court of the
United States found that the court Of
appeals of the District Of Columbia
and the supreme court of the district
erred n firur he
eeedlngs as criminal case and not
civil one. The effect of holding the
proceedings in a civil one was 10
make jail sentences impossible Prac-
tioaliy the Jail sentences had to be
set aside.
TO correct the error the case was
sent back to the local courts with di-
reetion that it be dismissed. At the
same time the court expressly made ii
possible for civil proceedings to be in
Stituted against the labor men by the
puck Stove & Range Co.. at whose in
glance the original contempt case was
Brought.
81
The charges of contempt against
President Gcmpers, Vice President
Mitchell and Secretary Morrison arose
pae VI a plllti idbbT war between
ganized labor and the Bucks Stove
and Range Company. of st. Louis. Mo.
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 officials from boycotting its own
products or the business of those who
dealt with it. The questions involved
and the parties concerned attracted
widespread attention. The company
claimed that the Federation was trying
to nniopize the eompanys shops. fhe
labor leaders urged that the company
was unfair to labor The head of
.xhe company was J. w. Van Cleave
snesident Of the National Manufactur-
s*sArs' Association, which had often come
into conflict with the Federation. He
was charged with having been opposed
Continued on PAGE FOur)