New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-16
LABOR LEADERS WIN CASE |
Jail Sentences on GomperS.
Mitchell and Morrison Set Aside.
FINES THE PROPER PENALTY
United States Supreme Court Re-
verses Findings of District
of Columbia Tribunal.

Z - IRENE court % the District or LolHii-'N
FOR alleged disobedience - a boycott n
jurction. the Supreme Court % the lnlten
States today held that Samuel GonpeTs'
! Jofn Mitchell and Frank Morrison. presi-
dent. vice president and secretary. respee-
lively. - the American Federation Of Ia
hor had been enormously sentenced 10 jan
on charge 81 contemp, of local court
Justice Lamar delivered the opinion.
The basis If the court'sopinion was that
the proceeding against the labor oi'lcers
was for civil contempt. which could ne
punished only by the imposition If fine
The sentence of the lower court 70 I'M
prisonment was the penalty for criminal
contempt and therefore. It was not
legal punishment
Justice Lamar devoted considerable
SPACE 70 = discussion ~ civil as diner
entiated from criminal contempt In the
former orly fine was permissible. he sald'
while in criminal contempt jail sentences
could be imposed. The case under con
sheraton had been brought ny a cor
porstion in connection with a suit IN
equity and fine. 70 10 paid 10 the cor
porstion. alone could bs imposed. Had the
court whose injunction had been disobeyed
felt agsrieVed II could have brought Grim
inal contempt proceedings m tie prem
ises and have inflicted jail sentence y
did not do this however. and the opinion
held that IN erred IN imposing in civil
contempt case a penalty applicable only to
litigation involving criminal contempt.
The opinion in conclusion. read:
The judgments Of the Court ~ Appeals
and the Supreme Court Of the District are
Nl
rectfon that the contempt proceedings IT.
srituted by the Bucks Stove and kange
Company b. dismissed. but Wltholt pfeyu-
dice 20 the poWer and right ~ the SUD enc
Court Of the District n Columbia 10 punl-h
nv proper proceeding contempt II any
committed against II.
The cour, unanimously held that the ONLY
sentences that could b. imposed upon me
labor leaders were fines In so holding II
found tia, The Court II Appeals and the
Supreme court Of tho District Of Columbia
er1 ed ir treating the contempt procNedlhes
aSa criminal and not 4 civil case. The Ct
feet of holding the TroceednSs a civil one
uas 70 make iaU sentences impossible
Hence the iail sentences had 10 re set asioe.
To correct the error the case was sent
back 70 the local courts with direction ina,
n ne dismissed ~ the same time 'he court
EXPRESSLY made - possible FOR civil pro-
ceedings 10 be instituted against the laoor
men by the BUCKS Stove and Range Com
many. AZ whose instance the original con-
ternnt case was brought
The court was led 70 hold that the con
tempt proceedings in this case must ~ CIVIL
in nature. because criminal punishment x
exercise by courts 70 force persons n 81"
acts commanded IN the present case. the
court took the view that the labor men
we're BENG sent 20 ial. not 70 make them
10 something the court ordered. but because
of something they had done
As tho diff arences between tho labor men
and the Bucks stove and Range Company
have been adjudicated. including the boy
colt case. out % which the contempt pro-
ceesngs arose. to.day's decision is proha-
biz the last that will he heard Of this
famous action.
Gompers Grs.ified and Disappointed.
Samuel Gompers said he was gratlhei
that the Supreme Court had reversed the
decision Of the lower tribunal. hut added:
I an disappointed that the court did
not decide the principle IN contention IN
tie proceeding ] believe IT 10 ne the con-
sensus OF opinion everywhere that the SEN
fences Of six. nine End twelve months i'm
pcsed on Mitchell. Morrison and myself
were unjus,ihed. unusual and cruel. par
ticularlv in an alleged constructive con-
tempt. and that the judges language was
Incorporate and unjudical.'
Daniel Davenport. attorney for the Amer
lean Anti Boycott Association. under whose
auspices the cases we're conducted. said:
Although il set aside the Jail sentences,
the United States Supreme Court settled
every question on account OF which the suit
was originally brought. First. it held that
the boycott is Illegal. and that Il party
| threatened with injury by one has right
10 20 to a court OF equity FOR protection
against Il. Second. a court OF equity has n
right 10 enjoin all acts done In carrying
out such a boycott which extends 10 print
cd. written and oral statements. IL holds
that the constitutional right Of free speech
and free press affords no protection TO the
boycotier. that IL is the duty ~ all on
Joined by a court Of equity 20 obey the
Injunction and that for a violation Of IL
they are liable 70 a fine by way of in
demnitv 70 the party injured, commensurate
with the pecuniary damage inflicted. and
that. further the party violating the in
junction is liable 20 punishment by way OF
Imprisonment for his contempt II court"
Philadelphia May 15.-"Well. I am glad
to hear IT," said John Mitchell when he
was told that the Supreme Court had de-
clded the labor contempt cases in favor Of
the defendants Il am of course. pleased"
SAID Mr. Mitchell. to learn that the de-
cison Of the court has indicated the con-
tention Of Messrs. Gompers. Morrison and
myself and that the decisions Of the lower
courts have been reversed Aside from the
satisfaction ~ being vin1icated and the
happiness Il brings 20 my family. ! am
gratiied because IL iustiies tho confidence
given 10 us by a multitude Of citizens. both
in and outside Of the organized labor
movement
EX-Judge Alton p Parker. ~ counsel
for Mr. Gompers and the other labor lead
ers. received congratulations yesterday on
the result OF the suit.
This comes nearer 10 my heart he
said. than anything that has happened
in years ! expected a Ike result in the
Court Of Appeals Of the District Of Co
iumhia, and was sorely disappointed that