Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-05-16
Supreme Court Holds 6omperS
Mitchell and Morrison Were
WrongfulIy Condemned to
Jail for Contempt of Court,
CIVIL PROCEEDINGS
JUDGES SOLE REMEDY
Highest Tribunal Unanimous in
Opinion That Judge Wright
Exceeded His Authority in
Imposing Prison Penalty,
IBy Morning journal Special Leased wirel

IBy Morning journal Special Leased wireI
Washington, May 15.-Samuel Com
pers, John Mitchell and Frank Nor
rison, president. vice president and
| secretary of the American Federation
of Labor respectively, STEPPED from
without the shadow of the Jail today
when the supreme court of the Unit.
ed states set aside their sentences of
imprisonment for contempt growing
out of the litigation between the
Bucks Stove and Range company of
st. Louis. and the federation.
The highest tribunal has left with
the lower court, however the right to
reopen the contempt pre- eeedings.
The grant of power probably win not
be accepted and the case practically Is
ended.
The basis of the courts opinion was
that the proceedings brought against
the labor officers was for civil con-
tempt which could be punished only
by the imposition of fine. The sent
ence of the lower court TO imprison-
ment was the penalty for criminal
contempt and in the premises. there
fore, ii was not a legal punishment.
The case, which grew out of the
so-called boycott of the stove corpora
tion by the American Federation OF
Labor three years ago, Is one OF great
est Importance, alike to union labor
and to employers. The supreme court
holds that the published or spoken ut
terances of organized labor can be
enjoined or attacked legally because
organized labor is combination and
as such, relinquishes the right of in
divlduals. 1t also establishes that lega.
prosecution can be leveled not only
at the union itself, but at its officers
as well.
lnasmuch as all the differences be-
tween the labor men and the Bucks
stove a Range company have -
adjudioated includlng the boycott"
case out of which the conter~t pro-
ceeings arose, today's decision is
probably the last to be heard of this
famous action.
The court UNANIMOUSLY held that
the only sentence that could be i'm
posed on the labor leaders We're fines,
ruling that the court of appeals and
supreme court OF the District OF Col
umbla erred in treating the contempt
proceedings rs a criminal case and
not as a civil one.
The effect of holding the proceed
Ing a civil one was TO make jail sem
tences impossible.
The charges of contempt against
President Gompers, Vice President
Mitchell and Secretary Morrison arose
out of q bitter labor war between or
ganzed labor and the Bucks stove &
Range company OF st, Louis, Mo-
The st. Louis concern had come
into the supreme court of the District
of Columbia to prevent. by injunc-
ton, the American Federation of
Labor and its officials from boycott
ting its own products or the business
OF those who dealt with it. The ques-
tions involved and the parties con-
cerned attracted widespread atten-
tion. The company claimed that the
federation was tryill~ to unionize the
company's shops. The labor leaders
urged that the company was "un-
pany was j. w. Cleave. president of
the National Manufacturers associa-
ton which had often come into con-
flict with the federation. He was
charged with having been opposed to
organized labor and with having
sought to put his nickel plate work.
ers on a ten-hour instead of q nine
hour basis.
Justice Gould of the district SUI
preme court issued the Injunction
prayed for by the company. An APP
peal was taken to the court of appeals
of the District of Columbia, but be-
fore the court could pass upon the
validity OF the injunction, the Bucks
stove & Range company again came
into the District supreme court, this
time with charges of contempt
AGAINST President Gompers, Vice
President Mitchell and Secretary Nor
rison. These men We're accused or
having violated the injunction de-
cree.
Justice Wright found them guilty
and sentenced President Gompers to
one year In Jail. Vice President Nit
chell to nine months and Secretary
Morrison to six months. An appeal
was taken from this sentence. first
to the court of appeals, which AT
firmed 1t, and finally to the supreme
court of the United States, where II is
now pending
The alleged violations consisted OF
utterances and acts in furtherance oi
the boycott. 1t was charged that MI
Gompers had rushed out the January
number OF the American Federalist'
the official organ Of the America
Federation of Labor so as to evade
the decree. which went into effect
the day after most of tn magazines
were ont of his hands. This magazine
contained the name of the company
on the I'VE Don't Patronize,' or "un-
fair" list II was also alleged that
number of copies of TINS magazine
were sent out artor hie decree be-
came effective. In defanse. testi
mony was presented to show that only
thirty odd comics were mailed to lib
raries and other similar institutions.
The complainant claimed that about
100 were sent out.
IL was further charged that In the
succeeding number of the Federalist
c;ompers, Mitchell and Morrison
Joined In an appeal TO organized la