The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-05-15

its own products or the business of
those who dealt with it. The ques-
tions involved and the parties con-
cerned attracted widespread atten-
ton. The company claimed that the
federation was trying to unionize the
companys shops. The labor leaders
urged that the company was unfair"
to labor. The head of the company
was j. w. Van Cleave, president of
the National Manufacturers associa-
ton, which had often come into con-
f1ict with the federation. He was
charged with having been opposed to
o. ganized labor, and with having
sought to put his nickel plate work.
ers on a ten-hour 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 ap-
peals of the District of Columbia but
before that court could pass upon the
validity of the injunction, the Bucks
Stove and Range company again
came into the District supreme court,
this time with charges Of contempt
against President Gompers, Vice
President Mitchell and Secretary
Morrison. These men were accused
of having violated the injunction de-
cree.
Justice Wright found them guilty
and sentenced President Gompers to
one year in Jail; Vice President
Mitchell to nine months, and Secre-
tary Morrison to six months. An ap-
peal was tal1en from this sentence,
first to the court Of appeals, which
affirmed it, and finally to the supreme
court of the United States, where it
Is now pending.
The alleged violations consisted of
utterances and acts in furtherance of
the boycott. 1t was charged that Mr..
Gompers had rushed out the January
number of the American Federation
ist the official organ of the American
Federation of Labor SO as to evade
the decree, which went into effect the
day after most of the magazines were
out of his hands. This magazine
contained the name of the company
on the Observation-Disclosures" or I'm
fair" list. 1t was also alleged that
a number Of copies of this magazine
were sent out after the decree be-
came effective. In defense, testimony
was presented to show that only thir-
ty odd copies were mailed to librar-
les and other similar institutions.
The complainant claimed that about
one hundred were sent out.
1t was further charged that in the
succeeding number Of the Federation
list, Gompers, Mitchell and Morrison
Joined in an appeal to organized la
Dor for funds to carry the injunction
case to the higher court. 1t was con-
tended that this appeal was used as
a vehicle to continue the boycott. The
charges stated that the appeal re-
ferred an editorial in the same
number of the magazine as setting
forth the attitude of those making
the appeal. This editorial was attri-
buted to Mr.. Gonapers. -
"Individr/>s as members of organ
lied labor this publication said,
will still exercise the right to buy
or not to buy the Bucks stoves and
ranges. 1t is an examplification of
the saying that YOU can lead a horse
to water. but you can't make his
drink"
Another charge was that in the
March Federationist, Mr.. Gompers
published an editorial, in which it |
was said ut should be borne in mind
that there is no law, aye, not even a
cour. decision. compelling union men
or their friends Of labor to buy al
Bucks stove or range. No, not even
to buy Loewe hat"
In a public address in New York in |
April, 1908, Mr.. Gompers said, it was
charged: "Of course in the case of |
the Bucks Stove and Range company
If l tell you that the Bucks Stove |
and Range company was still unfair.
when l get back to Washington to-
morrow or some place where they say
people play checkers with their nos
as say. I am not prepared
to tell you that these things are un-
fair. But there is no law, no court
decision that compels you to buy
them nor does any law compel you
to buy anything without the union
label"
From another address by Mr. Com
pers in Chicago, in May 1908, was
taken language alleged to have been
in violation of the Injunction.
In addition to the urgent appeal"
in which Mr.. Mitchell Joined, he was
accused of having acted in contempt
by presiding over the United Mine
orkers convention when it adopted a
resolution to fine any member who
bought Bucks stove.
In addition to the urgent appeal"
charge against Mr.. Morrison, he was
also accused Of having mailed out the
objected to.
Distinguished counsel appeared on
both sides, when the case was argued
before the supreme court. Prominent
among these was Judge Alton B.
Parker, former presidential candi-
late, who had been retained to de-
END the labor leaders. His principal
argument was that the injunction was
IN improper interference with the
right of free speech
md a free press. He further con-
ended that the injunction decree was
'oid, at least, in parts and that his
clients could not be held under the