The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-05-15


the imposition of jail sentences on
Samuel Gdmpers. John Mitchell ANA
crank Morrison. president vice pres
idcnt ono sccreiury respectively of |
the American Federation of Labor
wore unwurranted by the nature of |
the contempt aud that the district su- |
prone court should only have imposed |
fine. the supreme court Of the United |
States To-day freed the labor leader |
ANA irected the cases againa them be-
dismissed
purely Civil Contempt.
The decision Was that the case was
one purely Of civil contempt aud only |
punishable by fines ana that since %
was established that the Bucks stove |
| & Range company had patched up it
differences with the American FEEDER.
alton of Labor, that the case should
| be dismissed outright When the de
cislon was handed down. Samuti
Gompers was on train between PM
ladelphia and Baltimore. enroute tn
| Washington from New York.
The decision of the highegi cour
,y1s one of the greatest victories ever
won by union labor iu this cause. BE
lcause it involved the imprisonment ol
three of the foremost leaders. 10 Waf
Hooked upon by union men as matkiur
lthe turning point In the fight OF un
iunism In America.
The tribunal held that when Com
lpars Mitchell and Morrison disobeyed
the mandate of the District Of tolom
bia supreme court and continued th'
boycott against the Bucks stove
Range company, they were guilty only
of civil contempt ana they should nave
been punished by fine paid To the
stove compapy--a Hne measured hS
the wrong done the complainants.
s Re,erses Lover C0mrt's Decision
Thfs -ronstrurtian reversed the de-
cislon OF the lower coprts. which had
, lheld the contempt a criminal one,
/ punishable hV Imprisonment
IL Is admdged that Gompers should
. serve one year in iail Mitchell nine
: months ana Morrison six months.
/ Justice Lamar read the decision OF
q the supreme court of the United
. states lie held that Justice Wright
T should have imposed n fine, But lac
contendcd, n the two parties to tie
g controversy had settled their differ
3 cnces I'm the original cause of action
@ there could be no question now of a
4 nne 10 be paid them by the labor lend
II nrs The case was ordered remandcd
- TO the lower court with instructions
r 10 dismiss IT, There was no dissent
n ing opinion I'm the case, the decision
being acouiesced In by all the nine
= members OF the court
q Justice Lamar's opinion was an eN
r haustive sturdy of the whole contro'
e versy. Much OF II was a technica
{ legal analysis Of the classincations O.
contempt
JaiI Sentence Erroneous.
"Tho Court OF Appeals" he said
:, held that this contempt case wa
y not a part OF the main cause be
!. tween the American Federation o
!, Labor and the Bucks company an'
? vet the three defendants We're called
/, as Nlsnessss and made TO testir
J, against,tthdinselves which would no
u have been the case Il the controvers!
"a we're separate II Is purely a ciVl
II case. The only relief was the imposl
- tion of a fine, payable by the thre
~ defendahts to the Bucks stove an'
N Ranged C0inpany. There was rata
!, VARIANCE with the procedure when tn
a court imposed jail sentence. 1t wa
Fundamentally erroneous"
Contempt sentences, Justice lama
le said. were OF several classes, but prin
l. cipally they occurred where first de
a fendant refused to obey a court ordel
IN lie could be sentenced to Jail unit
IS ne complied. Then. he said, ther
4, would be the case whore he had don
ls something whi1h the court ordere
Il him not to do. In the latter case
id he said. the local punishment woul'
- be payment of a fine
I Imprisonment No Remedy.
A. "Imprisonment can not remed
n something which has been done il
'd justice said "Such imprisonment doe
81 not operate as oremedN but as
j. punitive step
"a Continuing, he cited various paper
m I'm the case 10 show that the Buck
company prosecuted the contemp
b., case itself and prayed for relief This
y lac said, showed that some remed'
~ was desired. aud for this reason In,
!, punishment should have been a fine
y But because the two parties hl'
. settled their controversy he an
. uounced that il was the opinion o
the court that remedy for AN act, tn
- consequences Of which had alread
n , oeu odmsted was not necessary a
~ this time.
- BY far the largest crowd that Ia
u hera In rue courtroom this term hear
the opinion. Senators Ia Toilette
N O'Gormnn Crane Brown ana Bale
- were among the spectators
Secretary Morrison, of the Ameri
e can Federation Of labor danced wit
glee when Informed or the decision
1--WE are naturally elated that IN
Supreme Court has supported us, al
% though we felt all along they coul'
h not do anything else he said, 'W'
II have always contended that justice