The Detroit times., 1911-05-15
G0MPERs AND hts
AIDES WIN IN
HIGH COURT
Supreme Tribunal Rules That Impo-
sition Of Jail Sentences on Labor
Leaders by Justice Wright ww
Unwarranted.
Says Only Fine Should Have Been1
Imposed and Orders Cases
Dismissed.

WASHINGTON. May 15.-HoIdinx4
that the imposition of jail sentences
on Samuel Gompers. John MitcheIlI
and Frank Morrison. president. vice.
president and secretary respecfive-
ly OF the American Federation OF
Labor, were unwarranted by the ma
ture OF the contempt and that the dis
trict supreme court should only have
imposed a fine, the supreme Court or,
the United States today freed the
labor leaders and declared that the
cases against them be dismissed.
The decision was that the violation
was purely one OF the civil contempt
ana only punishment by fines, and
that since 1t was established that the
Bucks Stove and Range Co. had patch
ed up Its differences with the Ameri-
can Federation of Labor that the case
should be dismissed outright.
When the decision was handed
down. Samuel Gompers was on q train
between Philadelphia and Baltimore.
enroute to Washington from New
York.
The tribunal held that when Com
pers, Mitchell and Morrison disobeyed
the mandate OF the District OF Colum-
bia supreme court and continued the
boycott against the Bucks Stove and
Range Co., they were guilty only OF
civil contempt and they should have
been punished by a fine paid to the
stove company--a fine measured by
the wrong done the complainants.
This construction reversed the de-
cision OF the lower courts, which had
held the contempt a criminal one,
punishable by imprisonment. 1t ad-
judged that Gompers should serve one
year in jail, Mitchell nine months and
Morrison six months.
Justice Lamar read the decision OF
the supreme court OF the United
States. He held that Justice Wright
should have imposed fine. But, he
contended, II the two parties to the
controversy had settled their differ-
ences in the original cause Of action
there could be no question now of q
fine to be paid them by the labor lead.
ers. The case was ordered remanded.
10 the lower court with instructions r.
dismiss II.
There was no dissenting opinion In
the decision, 1t being acquiesced In by
the nine members OF the court.
Justice Lamar's opinion was an ex-
haustive study Of the whole controver-
sy. Much of 1t was a technical legal
analysis Of the classif1cations Of con-
tempt.
1.-The court Of appeals" he said,
held that this contempt case was not
part of the main cause between the
American Federation Of Labor and the
Bucks company, and yet the three de-
PENDANTS were called as witnesses and
made to testify against themselves.
which would not have been the case
If the controversy were separate. It
Is purely a civil case. The only relief
was the imposition of a fine, payable
by the three defendants to the Bucks
Stove and Range Co. There was q
fatal variance with the procedure
when the court imposed jail SEN
tence. Ii was fundamentally errone-
Gus.
Secretary Morrison, of the Amer
lean Federation OF Labor, danced with
glee when informed of the decision.
I'VE are naturally elated that the
supreme court has supported Us. all.
though we felt all along they could
not do anything else," he said. We
have always contended that Justic1
Wright's decision was wrong. Nov )
am going home to eat. and I expect
to enjoy my meal"