The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-05-17
May PUNISH COMPERS YET
THREE BtCkS LAWYERS TO RE.
PORT on CONTEMPT.
District Of Columbia Court. Follow Ing
supreme Court Decision. starts AFTER
the Labor Leaders independently
-GOmpers "NOt Running Away"

Gompers, president OF the American
Federation Of Labor: Frank Morrison.
secretary of the federation. and John
Mitchell. a member of the council. for
contempt Of court was taken in the Sr-
preme Court Of the District OF Columbia
to-day Acting on the suggestion OF
Associate Justice Lamar. who delivered
the opinion of the United States Supreme
Court setting aside the Jail sentences i'm
posed upon the labor leaders, Justice
Gould to-day certified the question Of the
alleged contempt TO Justice Wright. who
Is now presiding in the criminal branch
Of the court.
Immediately after receiving the cor
tification from the equity branch OF the
court. over which Justice Gould presides.
Justice Wright issued an order appoint
ing Daniel Davenport. James NJ. Beck
and Joseph J Darlington committee to
inquire whether there is reasonable cause
to believe that the labor leaders were
guilty Of contempt Of court in wilfully
violating tho injunction granted by the
court on the petition Of the Bucks Stove
and Rang" Company Of 81. Louis.
The members of the committee appeared
as counsel for the Bucks Stove and Range
Company, II is expected that they will
soon report to the court and that an order
will be issued 10 the three leaders citing
Them to appear and show cause why they
should not be punished for criminal con-
tempt.
/ The action taken to-day, in the opinion
Of leading lawyers here, makes it almost
certain that tho labor leaders will be pun
: ish For ral
! by Justice Wright is conceded to be the
proceeding thai he should have taken at
the time Gompers and his associates were
adjudged to be in contempt. The court
has simply retraced its steps in accord
ance with the suggestion in the opinion
of the Supreme Court Of the United Stetcs
handed down Yesterday by Justice Lamar.
/ N is expected that the three lawyers
who were named on the committee will
prepare their charges soon and that action
will he taken by the court without un-
necessary delay II Justice Wright should
find that the defendants were guilty
Of contempt following a complaint by the
committee, he will have the option Of
imposing upon them either Jail sentences
or fines.
4 hearing upon the charge Of contempt
if one should he lodged against the defend
ants 10y the three members Of the COM
mttee appointed to-day. can hardly
be had before fall as the vacation term
OF the Supreme Court of the District
Of Columbia is almost at hand and it has
been the rule OF practice in the court
not to take up contested matters in the
summer vacation.
The nYncaQdlnu nd n tho
to-day is novel one in the Supreme
Court Of the District. The promptness
with which the court acted upon the
suggestion in the opinion Of the Supreme
Court Of the United States was rather
startling. The mandate of the court
mad not been issued The official opinion
Of the court has not yet been published
few proof sheets Of the oVinion were
given out yesterday. but il is not likely
that any of these came formally to the
attention of the Supreme Court Of the
District. The proof sheets were prepared
for the use OF the press in reporting the
opinion.
The official opinion will not be printed
and available before tomorrow at the
earliest. and il looks as If the Supreme
Court of the District in it's vigilance to
b protect its own orders and DEGREES from
contempt had taken judicial notice of what
occurred in the Supreme Court yesterday
and acted promptly in defence Of its au-
thority.
! The three members Of the committee
named by Justice Wright to-day were
counsel for the Bucks Stove and Rcnge
Company in The equity PROCEEDINGS Il y
enjoin the officers Of the American Fedora
ion Of Labor from practising q boycott
,sinst the firms business by publishing
the firm Meme in tho Official organ
Of the federation under the heading we
J Don't Patronage" and in what hes come TO
be known as lGbors "unfai, list"
II WAS upon the petition of these a.
torneys that tho IN 'ec defendants We q
cited TO Gppea" in the supreme Cou.i and
show cause why they should moi he sd-
! junction for having made in the American
Federd'ionis' and in public speech re-
marks Intended Ia promote the boycot'
against he Bucks Stove and Range Com
pany
In explanation of the prompt action
, of the Suprce Court directing an nQ,lisi-
| tion into the alleged contempt, leading
members Of the District ba- say there is
no occasion for the Supreme Court to
avail, the mandate Of the higher cour,
before proceeding. The action taken
today was not in pursuance Of an order
of the Supreme Court of the Unit. d States
end ia not a pert OF the case decided by
that court yesterday,
{ Justice Wright seid to day:
/ Il haze sDen and read the printed
opinion oil the United Statcs Supreme
Court which was handed down yesterday
That opinion points ont that this matter
is outside the case of tho BIZ chs Stove and
Range Company against the American
Federation of Labor; that il does not
belong in IL and should be altogether
separate from thar case"
! When Samuel Gomrcrs, president of
the American Federation of Labor. learned
of the action Of Justice Wright, he said:
Justice Wright may go rs far as ho
| likes Ho will find that We ara not Innnnp
awav not even from him, We are CON
tending for principles and for tho peoples
rights. and ] am going to stand BY that
and believe that my associates stand
with me
Thsn Mr. Gomp"rs waved sarcastic,
Il understand that Justice Wright has
appointed an impartial" emphasis on tho
! impartial commission to deal with this
matter, He has selected j. j Darlington,
James NJ. Reck and Daniel Davenport TO
serve on this commiss ion, The two former
soryod rs attorneys for tho Bucks Stove
and Range Company in it's original ceso
against lis and Mr. Davenport took rart
in tho case also Gs counsel for tho Anti
\ Boycott Association. 1t epIe RS the,
justice Wright dcos no, roe.lize that ho
has to.n r"bukcd by tho Supromc Court
Of tho Unii"d Sta.os"
| Tho head of tho Amorican Fodoratio
of Labor pointed 10 G mass of rrt nrs in
front of him. which h" oxplaiLod were tolc-