The free lance. (Fredericksburg, Va.) 1885-1926, 1911-05-18
LABOR MEN Win
No Jail For GOmperS. Nit.
Chell and Morrison.
SUPREME COURT DECISION
Labor Leaders Sentenced by Lower
Labor Leaders Sentenced by Lower
Court For Contempt Get Rever-
sal Because 0fenSe Was
Not Criminal.

Washington, May Settling aside
the sentences Of Imprisonment Inn
posed by the supreme court OF the DIS
trlct Of Columbia for alleged disobe-
dlence to a boycott injunction, the SUI
preme court Of the United States held
that Samuel Gompers, John Mitchell
and Frank Morrison. president, vice
president and secretary, respectively,
Of the American Federation OF Labor.
had been erroneusly sentenced TO jail
on a charge OF contempt Of a local
court.
The case grew out Of the boycott oil
the Bucks Stove and Range company,
of 81. Louis, and the proceedings
brought by that company against the
three labor leaders for speeches and
articles published in the American
Federatlonist.
Setting aside the sentences OF i'm
prisonment imposed by the supreme
court of the District OF Columbia, the
supreme court OF the United States
held that Gompers. Mitchell and Nor
rison had been enormously sentenced.
by the finding OF the lower court
Gompers had been sentenced @ one
year in Jail, Mitchell to nine months
and Morrison to six months.
Justice Lemar delivered the courts
decision.
Not a Criminal Case.
The court unanimously held that tho
only sentences that could be imposed
upon the labor leaders were fines In
SO holding the court found that the
court OF appeals of the District Of Co
lumbla and the supreme court OF the
District Of Columbia erred in treating
the contempt proceedings as a crimi'
nal case and not a civil one. The ef-
feet OF holding the proceedings a civil
one was to make jail sentences i'm
possible. Hence the jail sentences had
to be set aside.
To correct the error the case was
sent back 10 the local courts with d.
rection that IL be dismissed. At the
same time the court expressly made 1t
possible for civil proceedings to be
Instituted against the labor men by
the Bucks Stove and Range company.
at whose instance the original con
tempt case was brought.
Inasmuch as all the differences be
tween the labor men and the Bucks
Stove and Range company have been
adjudlcated including the boycott
case out OF which the contempt pro
ceedings arose. new civil proceedings
are considered highly improbable, and
the decision IS probably the last that
will be heard of this famous action.
The court was led to hold that the
contempt proceedings in this case
must be civil in nature, because crimi-
nal punishment is exercised by court
to force persons to do acts command
ed. In the present case the court TOOK
the view that the labor men were be-
ing sent to Jail, not to make them do
something the court ordered, but be
cause OF something they Lad done.
Wanted Principle Settled.
Samuel Gompers returned from New
York, and said he was gratifed that
the supreme court had reversed the
decision OF the lower tribunal. but he
added:
Il am disappointed that the court
did not decide the principle in con
tention in the proceeding. I believe
II to me the consensus OF opinion
everywhere that the sentences OF six,
nine and twelve months imposed on
Morrison, Mitchell and myself were
unjustifed, unusual and cruel, particu-
larly in an alleged constructive con
tempt and that the judges language
was Incorporate and unjudiclal."
Mr.. Gompers said that the Bucks
Stove and Range company and the
Federation now we're on good terms
and he did not believe the company
would take advantage Of the opening
for civil action made for them by the
supreme court