Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-16
Supreme Court Sets Aside
Judgment Of Lower Court
Against Mitchell, Com
pers and Morrison.
HELD CIVIL NOT
CRIMINAL CASE
Bucks Stove Company Civ
en- Grounds for Civil Ac-
tion, But As Trouble Is
Settled Case May End.

Washington, d. G., May l5.-oettliis
aside the sentences of imprisonment
imposed by the supreme court OF the
district of Columbia, for alleged dls-
obedience Of a boycott injunction. the
supreme court OF the United States
today held that Samuel Gompers, John
Mitchell and Frank Morrison. presl-
dent vice president and secretary re-
spectively of the American Federation
of Labor, had been enormously SEN
fenced to jail on charge of contempt
of local court.
The court unanimously held that the
only sentence that could be imposed
upon the labor leaders were lnes. IN
so holding 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 in treating the contempt pro-
ceedings as criminal case and not
civil one. The effect of holding the
proceedings civil one was to make
Jail sentences impossible. Hence the
iail sentence had to be set aside.
To correct the error the case was
sent back to the local courts with di-
>rection that 1t be dismissed.
Probably the Last Of Case.
II AT the same time the court ex.
pressedly made 1t possible for civil
proceedings to be Instituted against
the labor men by the Bucks Stove q
Range company, at whose instance the
original contempt case was brought.
The court was led to hold that the
contempt proceedings in this case
must be civil in nature because Grim
inal punishment is exercised by the
courts to force persons to DO acts
commanded.
In the present case, the court took
the view that the labor men were be-
ing sent to Jail. not to make them to
do something-the court ordered, but be-
cause OF something they had done"
Inasmuch as all the differences be-
tween the labor men and the Bucks
Stove & Range Co. have been adjudi-
Gated. including the "boycott" case
out of which the contempt proceedings
arose, today's decision is probably the
last to be heard of this famous action.
History Of the Case.
The charges of contempt against
Pres. Gompers, Vice Pres. Mitchell and
Secretary Morrison arose out of bit
ter labor war between organized labor
and the Bucks Stove and Range COM
pany of st. Louis, Mo.
The st. Louis concern had come in
to the supreme court Of the District or
Columbia to prevent, by injunction
the American Federation of Labor and
its officials from boycotting its own
produces or the business of those who
dealt with it. The question involved
and the parties concerned attracted
widespread attention. The company
claimed that the federation was trying
to unionize the company's shopc. The
labor leaders urged that the company
was unfair" to labor. The head Of the
company was J. w. Van Cleave, presi-
dent Of the Natio.ai Manufa cturers'
association, which had often ccme into
conflict with the federation. He was
charged wi. having been opposed to
organized labor, and with having
sought to put his nickle plate workers
on a ten hour instead Of nine hour
basis.
The Lower Courts Decisions.
Justice Could, Of the district su-
preme court issued the Injunction
prayed for by the company. An ap-
peal 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 4
Range Co., again came into the dis
trict supreme court, this time with
charges of contempt against Presi-
dent Gompers, Vice President Mitchell
and Secretary Morrison. These men
were accused of having violated the in
junction decree.
Justice Wright found them guilty
and sentenced President Gompers to
one year in Jail; Vice President Mitch
ell to nine months; and Secretary Nor
rison, to six months. An appeal was
taken from this sentence, first to the
court Of appeals, which affirmed It.,
and finally to the supreme court OF
the United States, where 1t is now
pending.
The Law Violations Alleged.
The alleged violations consisted OF
utterances and acts in furtherance OF
the boycott. It was charged that Mr..
Gompers had rushed out the J--nuary
number of the American Federation
list, the official organ Of the American
Z + . u W.