The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1911-05-15
III BOYCOTT
CASES SAYS
HIGH COURT
Fines Could Have Been I'm
posed as Case Was Real
lyof Civil Nature.
HISTORY ca LIE oAsE
Shows That Hard Fight is
Put Up by the Defend
ant Officials.

UNSATISFACTORY, D. C., May rs
Setting aside the sentence of i'm
prisonment imposed 10y the Supreme
Court OF the District OF Columbia
for alleged disobedience OF a boycott
Injunction, the Supreme Court of
the United States today held that
Samuel Gompers. John Mitchell and
Frank Morrison. respectively presi-
dent, vice-president and secretary OF
the American Federation of Labor,
had been erroneousIy sentenced to
jail on charge of the lower court.
The court unanimously held that
the1 only sentences that could be i'm
posed upon the labor leaders were
fines. IN so holding, the Supreme
Court found that the Court of APP
peaks OF the District of Columbia and
the Supreme Court OF the District
erred in treating the contempt pro-
ceedtngs as a criminal case and not
as q civil one
The eject of holding the proceed
lngs civil one was to make the jail
sentence impossible. Hence the jail
sentence had to be set aside.
To correct the error the case was
sent back to the local courts witt !
direction that it be dism ,ssed. An
the same tine the court expressly
made 1t possible for civil proceed
ings to be instituted against the la
Dor men by the Bucks Stove an
Range Company, at whose instance
the original contempt case wa
brought.
The charge of contempt against
President Gonpers, Vice Presiden
NJ tchell and Morrison arose out o
bitter labor war between organ
lied labor and the Bucks stove an:
Range Company, OF st. Louis, Mo.
The st. Louis concern had com
into the Supreme Court of the Dis
trtct OF Columbia to prevent, by In
junction, the American Federation
of Labor and its officials from boy
cotting its own products or the bust
ness of those who dealt with it. The
questions involved and the parties
concerned attracted widespread at
tention. The company claimed that
the Federation was trying to union
IEl tue lldAAg . SAOpSs lG AeAbOA
leaders urged that the company was
unfair to labor. The head of the
company was ]. w. Van Cleaves
president of the National Manufac
turers' Association, which had often
come into conflict with the Fedora
tlon. lie was charged with having
been opposed to organized labor,
and with having sought to put his
nickel plate workers on ten-houi
instead of a nine-hour basis.
Justice Gould, of the District Su-
preme Court issued the Injunction
prayed for by the company. An ap
peal was taken to the Court of APP
peals of the District of Columbia
hut before that court passed upon
the validity of the Injunction, the
Bucks stove and Range Company
again came into the district Su'
preme Court, this time with charges
of contempt against President Com.
pers. Vice President Mitchell and
Secretary Morrison. These men
were accused OF having violated the
injunction decree.
Justice Wright found them guilty
and sentenced president Gompers I"
one year in jail; Vice President
mitchell to nine months. and secre-
tsry Morr' son to six months. An APP
peal was taken from this sentence,
dTst to the court of appeals. which
afirmed it, and finally to the su.
prone Court of the United States,
where it is now pending.
yPhe' alleged violations cons! sted OF
utterauces and acts in furtherance
OF the boyeott. II was charged that
MIR. Gompers had rushed out the
January number OF the american