The Mena weekly star. (Mena, Ark.) 1904-1977, 1911-05-18
|GOMPERS WILL
NOT GO TO JAIL
Labor Unions Win Great Victory in
the Noted Buck Stove Case BE-
for the United States Su-
preme Court.

| Washington, May i5.-The United
States Supreme Court today hand
ed down a decision reversing the
decision of the District of Columbia
Court of Appeals that confirmed the
decision OF the District Court hold
ing Samuel Gompers, John Mitch
ell and Frank Morrison guilty Of
contempt of court in violating the
injunction against the boycott OF
the Federation of Labor in the
Buck Stove and Range case. AS
result of the decision Gompers,
Mitchell and Morrison, president,
vice president and secretary respec-
lively of the federation, will not
have to serve Jail sentences for con-
| tempt.
The labor leaders were complete
ly triumphant in their cases, the
Supreme Court dismissing the cases
on the ground that they were not
properly adjudged in contempt, but
should have been damage suits
against the labor leaders by the
Buck Stove Company.
This is the most sweeping victory
for union labor in its history in the
United States.
The decision was read by Asso-
ciate Justice Lamar, one Of the new
m hare An fHa hanoh
The defendants were not in court,
but the news was quickly conveyed
to them at American Federation Of
Labor headquarters, where a large
number Of labor leaders had gath
cred in expectation that q decree
would be handed down today and
Gompers and Morrison received one
of the greatest ovations Of their
lives.
Points in the Decision.
"The power of the court TO pun
Iish for contempt is sacred" said
Justice Lamar in rendering the de-
Icision. Without il courts become
lmere boards or arbitration. Con-
Igress has conferred on the courts
lpower TO punish contempt with
either fine or Imprisonment, hut the
very aptitude of this power is
warning TO use it with discretion.
Punitive contempt is to be punished
with Imprisonment where the de-
fendant has refused 10 perform an
act required by the court, such as
the non-payment of alimony, but in
this case there was no refusal to do
an act required by the court.
Punishment in punitive con-
tempt is an act OF coercion by the
court and the punishment should
end when defendant agrees to bow
to the decree Of the court. The par
ties hereto have agreed in private
proceeding and obviously the right
action should have been a suit for
damages by the plaintiff.
1T appears that the plaintiff had
no suit for damages, because the
points Of contention in the main
cases were settled out of court, and
it thereby becomes moot case.
| but this contempt case grew out
of the main case and it therefore
must now be regarded as a moot
case.
IF the Buck Stove and Range
Company has settled its differences
with the American Federation of
Labor it can hardly claim to have
q valid contempt case against
Gompers, Morrison and Mitchell, on
the ground that boycott was
formed in violation of the courts
order. TO fine the defendants OH
account of the courts order, it
would be necessary TO show the
amount Of damages sustained by
the plaintiff.
IF the plaintiffs claim that the
boycott was an act in restraint of
trade, they should have sought re-
lief by presenting their case before
the attorney general and showing
violation OF the interstate commerce
act.
"That the proceedings was not a
terminal one is shown by the fact
that the defendants were compelled
to testify on the stand. In a true
criminal proceeding. no man can he
coerced into testifying against him
self.
"The contention Of the defend
ants have been three fold.
/ "i-Hhey claim there was no in
tention OF violating the law;
| '2-That there was no violation
Of an injunction.
/ "3 That the injunction was null
and void because 1t abridges the lib
erty Of the press guaranteed by the
constitution. This last claim, how
ever. may be dismissed. In the first
instance the liberty OF the press ap-
plies to individuals and not to or
CARNATIONS"
Il These were the principal points
emphasized by Judge Lamar in the
decision, which was quite lengthy,
. |