Arizona republican., 1911-05-16
SENTENCES SET ASIDE
It Is Held That the District of Columbia Court Should Not Have Imposed Sen tences Carrying Imprison- ment-Unanimous.

Washington, May l5.-The United
 States supreme court today set aside the sentences imposed by the supreme court of the District of Columbia against Samuel Gompers, president of
 the American Federation of Labor; John Mitchell. vice president. and
 Frank Morrison, vice president in the contempt cases growing out of a viola tion of the order of the district court of appeals against boycotting the
 Bucks Stove tS Range company.
 The court unanimously held that the only sentences that could be imposed are fines.
 IL found the court of appeals of the
 District of Columbia and the supreme court Of the district erred in hearing contempt proceedings and criminal pro- ccedings instead of civil. This made a just sentence impossible. To correct the error the case is sent back to the local
 courts with the direction that it be
 dismissed
 At the same time the court expressly made it possible for a civil proceed
 ing to be instituted against the labor men by the Bucks stove x Range com
 pany. at whose instance the original contempt case was brought.
 Inasmuch as all differences between the stove and range company and union labor have been adjudicated, including
 the boycott case out of which the contempt proceedings arose, today's decision is probably the last tO be
 heard af this farnpns action
 The charges of contempt against President Gompers, Vice President Mitchell and Secretary Morrison arose out of a bitter labor war between or ganized labor and the Bucks Stove X Range company of St Louis. Mo.
 The St Louis concern had come into the supreme court of the District of Columbia to prevent, by injunction, the American Federation of Labor and it's officials from boycotting its own prod uCts or the business of those who dealt with it. The questions involved and the parties concerned attracted wide spread attention. The company claimed that the federation was trying to uniOnize the company's 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 Manufac- turers association. which had often come into conflict with the fed eration. He was charged with having been opposed to organized labor. and with having sought to put his nickel plate workers on a ten hour instead of d nine hour basis
 Justice Gould of the district supreme court issued the injunction prayed for by the company. An appeal was taken to the court of appeals of the District of Columbia, but before that court could pass upon the validity of the injunction. the Bucks Stove X Range again came into the district supreme court, this time with charges of contempt against President Com pers. Vice President Mitchell and Sec retary Morrison. These men were ac- cused of having violated the injunc- tion decree.
 Justice Wright found them guilty and sentenced President Gompers to one year in jail: Vice President Mitchell to nine months. and Secretar. Morri- son to six months. An appeal was taken from this sentence, first to the court of appeals. swhich affirmed it, and finally to the supreme court of the United States.
 The alleged violations consisted of utterances and acts in furtherance of the boycott. It was charged that Mir Gompers had rushed out the January of the American FederatiOnist, the official organ of the American Fed eration of Labor. SD 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 We -JOn't- PatrOniZe." or Unfair" list. It was also alleged that a number of copies of this magazine were sent out after the decree became effective In defense. testimony was presented to show that only thirty odd copies were mailed tO libraries and other similar The complainant claimed that about one hundred were sent out
 It was further charged that in the number of the FederatiOnist GOmpers. Mitchell and Morrison joined in an appeal tO organized labor for funds to carry the injunction case to the higher court. It was contended that this appeal was used as a vehicle to continue the boycott. The charges stated that the appeal referred to an editorial in the same number of the as setting forth the attitude