Omaha daily bee., 1911-05-16
INJURED PARTIES MAY FILE SUIT
Differences Between Bucks Company
aud Labor Men All settled and
Finis written in Present
Action.

WARRINGTON, May 15-setting aside
the sentences OF imprisonment imposed by
the supreme court OF the District Of Column
bia, for alleged disobedlence to a boycott
Injunction, the supreme court or the United
States today held that Samuel Gompers
John Mitchell and Frank Morrison, presi-
dent. vice president and secretary of the
American Federation Of Labor had been
eroneousiy sentenced to Jail on a charge
Of contempt Of local court
The first case announced was the con-
tempt case against Messrs Gompers, Nit
chell and Morrison Justice Lamar deliv-
cred the courts decision lie began at II
o'clock to read the written opinion. with
out announcing the decision. Many minutes
were spent in reviewing the facts
The court unanimously held that the
only sentences that could be imposed on
the labor leaders were fines. In so hold
ing, the supreme court OF the United
States found tnat the court of appeals in
the District of Columbia and the supreme
court erred in treating the contempt pro-
ceedings as a criminal case and not a civil
one. The effect Of holding the proceedings
a civil one was TO make jail sentences i'm
possible. Hence the jail sentences had to
be set aside.
Case Ordered dismissed.
To correct the error the case was sent
back to the local courts with direction
that II be dismissed. At the same time the
court expressly made II possible for civil
proceedings TO be instituted against the
labor men by the Buck Stove and Range
company, at whose instance the original con-
tempt case was brought The court was
led to hold that the contempt proceedings
in this case must be civil in nature, be-
cause criminal punishment is exercised
by courts 20 force persons 10 do acts COM
manded. In tho present case. the court
took the view that the labor men were
being sent to jail not to make them do
something the court ordered. but because
Of something they had done"
Inasmuch as all the difference between
the labor men and the Bucks Stove and
Range company has bean adjudicated. in
Guiding the boycott case out of which the
contempt proceedings arose today's de-
clsion is probably the last 10 be heard OF
this famous action
statement By MIR. Gomperu.
Samuel Gompers returned from New
York late today. He said he was graft
fled that the supreme court had reversed
the decision of the lower tribunal, but
added:
II am disappointed that the court did
not decide the principle in contention in
the proceedings. / believe It to be the
consensus of opinion that the sentences
OF six. nine and twelve months imposed
on Mitchell, Morrison and myself were un-
justified, unusual and cruel, particularly
in alleged constructive contempt. and that
the judges language was intemperate and
unjudicial"
Daniel Davenport. attorney for the
American Anti-Boycott association, under
whose auspices the cases were conducted
said today:
Although It set aside the jail sentences
the United States supreme court in its de
cision settled every question on account oi
which the suit was originally brought. II
held that the boycott is illegal and that q
party threatened with injury by one has q
right to GO TO a court OF equity for pro
tection against It. 1t holds that the con
stirhtionai right OF free speech and FREE
press affords no protection to the boy
cotter."
Mitchell Glad to Hear IL.
r,TJTrA DFU ,PI{IA May 1b,-''Weu, an