Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-15


nothing by that decree.
If, then, as the Court of Appeals cor
rectly held. the sentence was wnoiiy pun
tive" the court continued, after setuns
have been properly imposed only In q pro-
ceeding instituted and tried as 1or cr1hi-
nal contempt.
Part of Original Case.
The decision discusses at length the
question whether or not the contempt
proceedings were a part Of tho original
cause in equity. and holds that the con-
tempt proceedings were made part OF
the original case It Is then pointed
out that it appeared from statements VI
counsel in open court that there mao oeeh
a conplete settlement OF all matters IN
volved in the original cause OF the BUCK
Stove and Range Company against the
American Federation of LABOR.
Continuing, the court, In conclusion
held:
ceeding in equity for civil contempt,
where the only remedial relief was hne
payable to the complainant Inc coni-
pany paid for such relief as the nature
of its case may require and when the
main cause was terminated by settle
ment of all differences between the par
ties the complainant did not require ana
was not entitled to any compensation or
relle1 OIL any CHdTdCtcI AikC piScSAe ~
ceeding necessarily ended with the set
Element of the main cause OF which 1t is
a part.
Case Remanded for Dismissal.
The criminal sentences imposed in
the civil case. therefore. should be set
aside The judgments Of the Court OF
Appeals and the Supreme Court Of the
District are reversed and the case re-
manded. with directions that the con-
tempt proceedings instituted by the
Bucks Stove and Range Company De
dismissed, but without prejudice to the
power and right of the Supreme Court
of the District to punish by proper
proceedings contempt. if any, commit
ted against it,"
Origin of the Charges.
The charges Of contempt against Presi-
dent Gompers. Vice President Mitchell
and Secretary Morrison arose out OF
bitter labor war between organized labor
and the Bucks Stove and Range Com
pany of st. Louis. Mo.
The ST. Louis concern had come into
the Supreme Court Of the District OF
Columbia to prevent. by Injunction. the
American Federation of Labor and it's
officials from boycotting the companys
products or the business of those who
dealt with 1t. The questions involved and
the parties concerned attracted wide
spread attention. The company claimed
that the federation was trying to union
ers urged that the company was "un-
fair to labor. The head OF the company
was ]. w. Van Cleave, president Of the
National Manufacturers Association.
the federation. He was charged with
having been opposed to organized labor,
and with having sought to put his nickel
plate workers on q ten-hour instead q
a nine-hour basis.
Court Issues Injunction.
Justice Gould Of the District Supreme
Court issued the Injunction prayed for
by the company. An appeal was taken
Of Columbia, but before that court could
pass upon the validity Of the Injunction
the Bucks Stove and Range Company
again came into the District Supreme
Court. this time with charges of con-
tempt against President 0ompers, Vice
President Mitchell and Secretary MOrri
son. These men were accused Of having
violated the injunction decree.
Justice Wright found them guilty and
sentenced President Gompers to one year
in jail, Vice President Mitchell to nine
months and Secretary Morrison to six
sentence, first to the Court of Appeals,
which affirmed 1t, and finally to the Su-
prems Court of the United States.
The alleged violations consisted Of ut
terances and acts In furtherance OF the
boycott. It was charged that Mr.. Com
pers had rushed out the January number
OF the American Federationist. the Of
fetal organ Of the American Federation
of Labor so as to evade the decree. which
went into effect the day after most Of
a mo- nr,f nf q
This magazine contained the name Of
the company on the "We-Don't-Patron-
ize," or "unfair" list It was also alleged
that a number Of copies Of this maya
came effective. In defense. testimony
was presented to show that only thirty
odd copies were mailed to libraries and
other similar institutions. The complain
ant claimed that about 100 were sent out.
An Appeal for Funds.
1t was further charged that in the sue
ceeding number Of the Federationist Com
pers. Mitchell and Morrison joined in an
appeal to organized labor for funds to
carry the injunction case to the higher
court. It was contended that this ap-
peal was used as q vehicle to continue
the boycott. The charges stated that
the appeal referred to an editorial in the
same number Of tho magazine as setting
forth the attitude Of those making the
appeal. This editorial was attributed to
Mr.. Gompers.
Individuals as members Of organised
labor" this publication said. will still
exercise the right to buy or not to buy
the Bucks stoves and ranges. 1t is an
exemplification OF the saying that you
can lead a horse to water, but you can't
make him drink"
Another charge was that In the March
Federationist Mr.. Gompers published an
editorial, in which II was said: 1T should
be borne In mind that there IL no law,
aye. not even q court decision. compelling
union men OF the friends Of labor to buy
q Bucks stove or range. No. not even
to buy q Loewe hat"
Gompers' Public Utterances.
In a public address In New York April.
1908. 1t was charged, Mr.. 0onpers said:
cot course. In the case Of the Bucks
Stove and Range Company II tell you
that the Bucks Stove and Range Com
pany was still unfair when get back to
Washington tomorrow or some place
where they say people play checkers with
their noses-we4l, an I say, am not