The Washington herald., 1911-01-28
GOMPBRS SENTENCE
BEFORE THE COURT
Highest Tribunal Hears Ap-
peal of Labor Leaders.
FREE SPEECH IS INVOLVED
Ex-JudEe Parker Argues that Amer
lean Liberties Are Threatened BY
Eument Will BE Resumed Monday.
Government Side Not Presented.

Arguments were heard in the Supreme
Court yesterday on the merits Of the APP
peal from the judgment Of the Supreme
Court Of the District OF Columbia, i'm
posing a sentence on Samuel Gompers,
John Mitchell, and Frank Morrison, Of
fcers of the American Federation of La
Dor, because Of contempt for alleged dis
obedience Of the injunction granted or
the application Of the Bucks Stove and
Range Company, of st. Louis.
The matter came to the Supreme Court
on writ Of certiorari to the Court OF
Appeals of the District of Columbia.
Three different cases were pesented by
the appeal One of these was an ap-
peal by the defendants from the judgment
OF the Court of Appeals Of the District
affirming the sentences for contempt.
The other two arose on crosS-appeals
from the judgment of the Court of APP
peals modifying and affirming the decree
Of the Supreme Court OF the District
which made the temporary injunction a
permanent one
Leaders Present.
The labor lealerS were all present in
the court room They were accompanied
by many of their friends and sympa-
thizers. In the oral argument yester-
day they were represented by ex-Judse
Alton b. Parker, of New York, and
jackson H. Ralston. of Washington. The
cases against the Federation officers was
submitted by j. J. Darlington, of Wash
inGton, and Daniel Davenport, of
Bridgeport. Conn.
After the arguments had proceeded for
an hour or more, MIR. Davenport made
the suggestion that SO far as the in
junction was concerned, it was no long
Or live question. He explained that the
Bucks Stove and Range Company had
adjusted its troubles with the labor
unions and was no longer seeking 10
maintain the injunction. He advised
the court that il was a moot case. There
upon after some negotiation among the
counsel on both sides, and with the con-
sent of the court, the arguments on the
Sufficiency of the injunction were cut
short, and thereafter the lawyers argued
as to whether the constitutional rights
of the defendants had been infringed
by their being enjoined from speaking
and whiting in criticism of the corpora
ton which petitioned for the Injunction.
Freedom Threatened.
Judge Parker argued that the Court
of Appeals had no power to modify the
decree in the way it did. He argued
that the injunction was void. not void
able. and that therefore there could be
no contempt. and that the Federation
officers had been unlawfully held and
sentenced Judge Parker held that the
proceeding in the court below was
civil and not 4 criminal one. He claimed
that the petition upon which the labor
leaders were brought into court for con-
tempt by way of citation did not set up
facts sufficient to constitute contempt.
Finally, the attorneys for the fedora
ton officers declare that the decree of
the court below offendS against that
liberty of speech and freedom of the
PRESS which are the heritage of the citi-
zenS of the several States.
Judge Parker had not concluded his
argument when the court adjourned I'M
til Monday.