The Birmingham age-herald., 1911-05-16

by the company. An appeal was taken to the court of appeals of the District of Columbia but before that court could pass upon the validity of the injunction, the Bucks Stove and Range company again 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 were accused of hav- Ing violated the injunction decree.
 Justice Wright found them guilty and sentenced President Gompers to one year in jail; Vice President Mitchell to nine months, and Secretary Morrison to six months. An appeal was taken from this sentence, first to the court of appeals, which affirmed 1t, and finally to the su- preme court of the United States.
 The alleged violations consisted of ut- terances and acts in furtherance of the boycott. It was charged that MT. Com pers had rushed out the January number of the American Federationist the off, cial organ of the American Federation of Labor, so as to evade the decree, which went into effect the day after most of the magazines were out of his hands. This magazine contained the name of the company on the We Don't Patron ize" or Unfair List" It was also al leged that a number of copies of this magazine were sent out after the decree became effective. In defense testimony was presented to show that only thirty odd copies were mailed to libraries and other similar institutions. The complain ant claimed that about one hundred were sent out
 It was further charged that in the suc- ceeding number of the Federationist Com pers. Mitchell and Morrison joined in an appeal to organized labor for funds to carry the injunction case to the higher court It was contended that this appeal was used as vehicle to continue the l boycott The. charges stated that the appeal referred to an editorial in the same number of the magazine as setting forth the attitude of those making the appeal. This editorial was attributed to
 Mir Gompers.
 Individuals as members of organized labor" this publication said, will still
 exercise the rights to buy or not to buy the Bucks stoves and ranges. It is an examplifcatfon of the saying that you can lead horse to water, but you can't make him drink.
 Another charge was that in the March Federationist, Mir Gompers published an 1 editorial, in which it was said Tt should be borne in mind that there is no law. aye mot even court decision, compelling union men or the friends of labor to buy a Bucks stove or range. No. not even to buy Loewe hat.'
 Not Compelled To Buy
 In a public address in New York in April, 1908, MT. Gompers said, 1t was charged: of course In the case of the Bucks Stove and Range company If I tell you that the Bucks Stove and Range company was still unfair, when I get back to Washington tomorrow or some place where they say people play checkers with their noses-well, as I say. I am not prepared to tell you that these things are unfair. But there Is no law, no court de- cision that compels you to buy them, nor does any law compel you to buy anything without the union label"
 From another address by Mr. Gompers In Chicago in May, 1908, was taken lan- guage alleged to have been in violation of the injunction.
 In addition to the urgent appeal" in which MT. Mitchell joined, he was accused of having acted in contempt by presiding over the United Mine Workers convention when 1t adopted a resolution to fine any member who bought Bucks stove.
 In addition to the urgent appear' charge against MT Morrison, he was also accused of having mailed out the magazines objected to-
 Distinguished counsel appeared on both sides when the case was argued before the supreme court Prominent among these was Judge Alton B. Par ker, former presidential candidate, who had been retained to defend the labor leaders. His principal argument was that the injunction was an improper in- terference with the constitutional right of free speech and free press He fur ther contended that the injunction de- cree was void, a { least, in parts, and that his clients could not be held under the statutes for violating void de- cree.