The Washington herald., 1911-11-24
WRIGHT AGAIN
DEALS BLOW At
LABOR LEADERS
"No Faith in Motion in Con-
tempt Case"
VIGOROUS TERMS USED

Judge Daniel Thew Wright, voicing
the opinion of the District Supreme
Court in general terms, yesterday over
ruled motions of Samuel Gompers, John
Mitchell, and Frank Morrison to dis
miss contempt proceedings against them
on the grounds of the application of
the statute of limitations.
He held that contempt of court is
not crime and can therefore not be
subject to the statute of limitations.
"NO MERIT IN NOTION"
He gives the counsel representing the
labor leaders three days in which to
reach an agreement with the committee
previously appointed as to a suitable
person to be named commissioner to
take testimony as to the contempt al
legged.
There being no faith and merit in any
part of the motion, II must be over
ruled said Justice Wright
OF the parts Of the labor leaders mo-
ton urging the dismissal of the contempt
proceedings, he said that they "only be
put aside. for they seem at best frivolous
and insincere."
Continuing. the opinion says: "Of the
fallacy that alleged contemnors are con-
tending with judges, contemnors cannot
too soon unload their minds, for If
charges of contempt are true, the contest
is against the supremacy OF the law.
The duty and concern Of judges is only
this: That for and in the name of the
people the supremacy OF the law shall be
maintained"
Results from Appeal.
The contempt proceedings in which
this decision was rendered are not the
original proceedings in which Gompers,
Mitchell, and Morrison were sentenced
to Jail terms, but came up as the re-
suit OF an appeal to the full bench OF
the District Supreme Court, from the
sentence imposed by Judge Wright.
This case was argued before Judge
Wright and his. associates OF the Su-
preme Court OF the District of Co.
lumbia, October 20. The question de-
cided dealt with the application OF the
statute of limitations to proceedings in
contempt, the imputation OF inexcusaole
delay TO the court. and whether testi-
mony in a contempt case should be
heard in open court or before an exam
iner in chancery.
The labor leaders contended that as
contempt is a criminal charge they
should be given the benefit of the doubt
and Of the statute OF limitations, and
that more than three years has ex-
pired since the contempt alleged was
committed, the injunction in the Buck
Stove and Range Company's case, which
they are said TO have violated. having
been passed in December. 1907.
Contemnor Termed InsoIent.
After disposing of the first cause ad-
vanced as grounds for dismissal by hold
ing that the statute of limitations has
no application in contempt prosecutions,
Justice Wright attacks vigorously the
other two allegations, saying:
Nor does the court say that these
paragraphs are not of an affrontive and
insolent nature which would justify and
perhaps ought TO require the striking OF
them from the files OF the court.
For an alleged Contemnor to demand
OF a judicial tribunal justification or ex-
cuse for laches' in not sooner calling him
to account is novel, at least. However,
the court is disposed to look at the mean
ing OF the expression 'Iaches with a view
of uncovering what might be suspected
to be a lack of sincerity with the court"
The court then defines in detail
'laches" and sets UP that the principle
is not applicable in the case in hand,
saying that the doctrine can only be ap-
piled between suitors before the court
in their effort to call the power of the
court to activity in their behalf.
Russia exported nearly 1900, ,OOO,O 900 eggs
last year.