The Birmingham age-herald., 1911-01-28
CASE DROPPED BY
 SUPREME COURT Boycott Suit Is Thrown Out By Chief Justice
  CONTEMPT CASE IS UP Suit By Bucks Stove and Range Com pany Against the Federation of Labor Is Argued By Judge
CONTEMPT CASE IS UP

Washington, January 27-Reaching the conclusion that the Bucks Stove and Range company of St. Louis, and the American Federation of Labor had set tied their disputes out of court, the su- preme court of the United States today stopped the oral argument of the so- called boycott case of the former against the latter on the theory that no issue in it remained for the court to pass on. Following that action the court listened to oral arguments on the contempt" case, embracing the charges of the Bucks Stove and Range company that Samuel Comp CTS, president of the American Federation of Labor; John Mitchell, it's vice presi- dent, and Frank Morrison, its secretary, had violated the injunction of the su- preme court of the District of Columbia in the boycott cases. Each was held to be guilty and sentenced to jail. Today they sat side by side within the bar of the court listening to the arguments as to whether or not they should serve their sentences. f.
 Tt is commonly stated that this case is dead. said Justice Lurton. interrupt ing arguments of the boycott case. 'I wish you would tell us if we are trying 8 moot case?"
 Daniel Davenport, addressing the court in behalf of the company, said his client had informed him, after two appeals, that neither the controversies at the base of the case nor the case itself had been set tied, although a friendly relation existed between the company and the federation. AS an officer of the court, MT. Daven- port added that he suspected that the disputes between the company and the federation had ben so adjusted that there was nothing left for the court to decide except who should pay the costs. He then produced a copy of an agreement which he said his client had sent him very recently, providing for the adjust ment of disputes and for the publication by the American Federation of Labor that the company was on friendly rela- tions with the federation.
 Chief Justice White asked Judge Alton B. Parker, one of the counsel for the American Federation, what he had to say. MT. Parker responded that there was no doubt but that 1t was moot
 Thereupon the chief justice announced that the court would not continue to hear the arguments, when the only question possible was to determine who should pay the costs.
 Judge Parker then began his argument of the contempt case. The principal charges against his clients were summar- zed as being that they had issued pupil cations in violation of the injunction against boycotting the Bucks Stove and Range company. According to Judge Par ker, the court of appeals in passing on the validity of the injunction had held that the lower court was wrong In en- joining publication against the Buck s Stove and Range company, as well as against it's customers. He contended that the court of appeals had held that the lower court had power to en1oin only publications in furtherance of direct boycott against the St. Louis concern. Hence, he argued, that the other portion of the injunction was void from the time 1t was issued
 Since the acts of his clents were only prohibited by the void portion of the de- cree he urged, the district supreme court could not punish them for contempt under the statutes of the United States. He declared that a portion of the in1unc' ton decree being void the entire decree was void, and even If the acts of his cii- ents were not as he claimed they were that the court could not punish them TOT violation of a void decree. The acts or his clients were described as the exercise of the constitutional right of freedom of speech and press.
 The argument of the case will be con cluded Monday.