United labor bulletin., 1911-05-25
THE SUPREME COURT
SETS SENTENCES ASIDE
CRIMINAL SENTENCES IMPOSED IN
CIVIL CASE HELD TO
BE ILLEGAL.

The sentences imposed on President
Gompers, Secretary Morrison and Vice
President Mitchell for alleged contempt
Of court have been swept aside by the
United States Supreme court While
these officials are aratified at 4 reversal
Of the lower courts, yet the fact that a
settlement OF the controversy between
the Buck Stove and Range company op-
Grated to eliminate important questions
on which ii was greatly desired that a
definite decision be rendered.
Under the decision the case is re-
manded with the direction that the con
tempt proceedings instituted by the
Buck Stove and Range company be dis
missed. but without prejudice to the
power and the right of the supreme
court OF the District of Columbia to pun
ish by a proper proceeding. contempt.
II any, committed against IT."
Justice Lamar rendered the opinion.
and the closing words were; I'VE have
shown that this was a proceeding in
equity for civil contempt. where only the
remedial relief possible was a fine pay
able to the complainant. The company
prayed for such relief as the nature of
its case may require and when the
main case was terminated by settle
ment OF all differences between the
parties, the complainant did not require.
and was not entitled. TO any compensa-
ton and relief of any other character.
The present proceeding necessarily
ended with the settlement of the main
cause of which IL is a part"
The court was unanimous in the deci-
sion rendered.
IL was apprehended at the time the de-
cision was handed down that the entire
matter was n closed incident. but Justice
Wright, from whom more scathing and
vituperative arraignment against the
federation officials was never approached
in any court. apparently has retained the
full vigor of his wrath. The morning fol-
lowing the decision he did not convene
his court until he had taken the prelim.
mary steps to again hale into his juris-
diction the men who had been relieved
OF the necessity OF suffering the penalty
OF Imprisonment inflicted by him by order
OF the supreme court. The action taken
by Justice Wright is as follows:
1T appearing to this court that there
is reason to believe that Samuel Com
pers, John Mitchell and Frank Morrison
are guilty OF contempt OF court OF the
supreme court OF the District OF Colum-
bia In wilfully violating the terms OF an
order issued by the court on or about
the 18th day OF December. 1907. In the
cause nuuUtiiHt etsoVcs anu ShdeSN Wv
Buck Stove and Range company. plain
tins, VS.. the American Federation OF La
Dor, Samuel Gompers. ct al. defendants,
Il Is ordered that ]. ]. Darlington. Daniel
Davenport and James Beck. Esqs., be and
they are hereby empowered to inquire
whether there is reasonable cause to be-
lieve the said persons guilty as afore-
said. and II yea. they are hereby empow-
cred and directed forthwith to prepare,
file. present and prosecute against the
persons heretofore first named charges
Of contempt OF court to the end that the
dignity OF the court be established. vim
dicated and satisfied.
WRIGHT. Justice"
This action indicates that further pro-
ceedings are in order. as the men named
in Justice wright's order were the attor-
neys who participated in the persecution
of the American Federation OF Labor In
the former. trials. President Gompers,
when informed of the action of the JUS
tice merely remarked: Let them 30 as
far as they like"