Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-07-18
GOMPERS' PROTEST is FUTILE
Judge Wright Insists on Hearing
Contempt Case Against Labor Men.
COURT CHARGED WITH BIAS
Motion is Made After Justice stated
that Adverse Report from Com
80 mittee Would Not Have
Been Accented

WASHINGTON, July I7.-Protests against
further hearing before Justice Wright on
the ground that he already had formed and
expressed an opinion against the defend
ants and attempts to stop the hearing by
technical objections having proved futile
today. Samuel Gompers, John Mitchell and
Frank Morrison, labor leaders, will appear
in the district supreme court again next
Monday to insist that the latest contempt
charges against them in connection with
the Bucks Stove and Range case be made
more specific. Continuance for a week
was agreed on after the prosecutors had
demanded the two days allowed by law to
answer a motion OF bill of particulars.
The American Federation of Labor officers
today showed no. disposition to offer the
apology which the report of the COM
mittee of lawyers suggested might end the
proceedings. In fact, the order of the
court citing them 60 appear and show
cause why they should not be punished for
contempt was interpreted today as afford
ing them no opportunity to apologize even
had they been so disposed -,'.
With the motion for a bill of partic-
ulars the defendants filed affidavits deny
ing certain specific charges contained in
the committees report.
Jurts01Ct1On OF Court.
Attacking the Jurisdiction of the court
and the legality OF the proceedings, Presi-
dent Samuel Gompers, Vice President John
Mitchell and Secretary Frank Morrison Of
the American Federation of Labor APP
peared In the equity branch of the SUI
preme court Of .tre District of Columbia
today to resist the latest contempt order
issued against them, by Justice Wright
a. nfotion,to dismiss on the ground that
the order was incomplete was sustained
but when Justice Wright directed the mar
shall to serve new papers forthwith the
point was waived. Next the defendants
moved to DISMISS because the report of
the committee OF lawyers submitted to the
court in the case was not a proper one,
in that the members of the committee did
not and could not exercise the judicial
qualities required in the order. ~
Change of Venue Refused.
This motion was overruled, the court
holding that the members of the commit
tee were prosecutors and not called on to
exercise judicial functions. In ruling, the
| court remarked that even had the commit
tee reported that there were no reasonable
grounds for contempt charges, such q re-
port would not have been received. Com
pers attorney at once protested that in
view OF TINS expression by the court they
should not be compelled to proceed, but
that Justice Wright should certify the case
to some other justice for trial.
Justice Wright CURLY dismissed the pro-
test with 'you may proceed"
| An exception was noted.
! The motion TO strike out the names of
Messrs. Davenport Darlington and Beck as
prosecutors and substitute that of the dis
trict attorney was overruled insofar as the
members Of the committee were concerned.
The court gave the district attorney time
to consider whether he would be willing
have his name added to the committee
as a prosecutor.