Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-06
G0MPERS ON STAND
Denies He illegally Aided Boy
colt of Bucks Co.
EXPLAINS URGENT APPEAL
That and His Editorials Sanctioned
by A. F. L. Council.
SPEECH WAS ExTEMPoRANE0Us
Cross of Witness Will
Be Begun by Mr.. Darlington
Tomorrow Morning.

4OluOTIOW 3MOIA1uS.
The boycott of the Bucks Stove and
Range Company ended December %, 1907,
on the minute the injunction of Justice
Gould became operative, and, as far as
the American Federation of Labor and
its officers, including himself, were con-
cerned, nothing said or done by them
since has been with view to aid, abet
Or assist in the boycott, declared Samuel
Gompers. president of the American Fed
Grafton of Labor, while testifying today
| in defense of the charge that he is guilty
of contempt of court. in that he had by
speech and writing furthered the boycott.
Mr.. Gompers was the only witness ex-
amined today in defense of the contempt
charges against himself, John Mitchell,
tion of Labor, and Frank Morrison, its
secretary, before Justice Wright in
Equity Court No. 2
Mr.. Gompers said the urgent appeal
sent to the unions affiliated with the
American Federation of Labor for funds
in defending the suit brought by the
Bucks Stove Company, as we'll as his
editorials. were made either under d1-
American Federation of Labor or with
the assent of members of the council.
The urgent appeal, he stated, was to
secure funds to aid in prosecuting an
| appeal to the United States Supreme
Court, in order that by judicial decision.
or by action Of Congress, labor might
secure the relief to which the leaders be-
lieved they were entitled, and to which
| counsel had advised them they had a
legal right Before the appeal was is-
sued, Mr.. Gompers said. he had advice of
counsel that he had a perfect right to
publish and issue 1t. His editorials, he
declared, were submitted to his asso-
ciates of the executive council and COM
A portion of the funds. Mr.. Gompers
testified, was to be used to create
further public interest in the then pending
campaign.
Correction by Mr.. Parker.
Judge Alton B. Parker attempted to
correct the witness, suggesting that he
had meant to say coming on rather
than pending In referring to the cam;
paign.
That depends on the point of view"
gan long before the selection of the can
Edfdates away back at the Maine election,
when we sought the defeat of Littlefeld
because of his opposition to legislation
favoring labor"
When his attention was called to
speech which, 1t Is claimed, constituted
violation of the Injunction and a basis
Of the contempt charges Mr.. Gompers ex-
planned that the address was made ex-
temporaneously and was not seen by him
until after 1t appeared in print, and then
he had merely scanned it, The witness
told the court he has pet aversion to
reading throughout anything which he
had said or written.
The direct examination of Mr.. Gompers
occupied nearly the entire session Of the
will he mined To-
morrow by Mr.. Darlington.
Throughout his testimony Mr.. Gompers
disclaimed any intention to show any dis
respect to the court in the alleged viola
tions of the order of Injunction. In every
thing said or done, he made it appear, he
had acted either under direction of the
executive council, or with it's assent, or
only after receiving legal advice Of the
lawfullness of the acts contemplated or
statements to be made.
Is Not Sworn.
Mr.. Gompers took the witness stand
after making affirmation, instead of being
sworn, as to the truth of what he was
abQHt to testify. Judge Parker first ir-
quired of the witness if the attention of
the executive council of the American
Federation of Labor had not been called
as early as 1903 to the existence of
wide divergence of views among the
courts as to the issuance of injunctions.
Mr.. Gompers responded that it had. and
said the attention of the executive Off
GERS was called to the divergence of
views in the matter of the issuance of
Injunction, especially as applied to dis
putes between employers and employees,
and more particularly to injunctions
which attempted to restrain publication
and utterance or to abridge or deny the
right of free expression of opinion
throush the press or by speech.
In the course of this consideration,
the witness said. attention was called
the state of Missouri, which held uncon-
stitutional any attempt by Injunction to
infringe freedom of speech. This decision
and others dealing with labor contro-
versies was secured by Mr.. Gompers, he
said, in accordance with a resolution OF
the annual convention of the American
Federation of Labor held in Pittsburgh in
1905, which authorized the securing, If
possible. of ruling by the United States
Supreme Court on the question of the
constitutionaiity of injunctions against
free speech or untrameled publication
These decisions We're referred to
counsel. who found none to raise the
question of constitutionality sufficient
to authorize the prosecution of an ap-
peal to the United States Supreme
Court When the Bucks Stove and
Range Company case had been filed
the convention Of the American Fedora
n
test case to have determined definitely
the right of the courts to enjoin free
speech or publication. In furtherance
| of this order of the labor hosts in con-
vention assembled Mr. Gompers said
| the executive council of the order levied
tax of I cent on each member of
| each organization affiliated with the
American Federation of Labor Later
| in order to avoid a further tax, the
| council directed the issuance of an ap-
| peal for voluntary contributions.
Objects to Reading Minutes.
Mr.. Gompers attempted to read ex-
| tracts from the minutes of the executive
council which were not offered in evil
dence. Attorney ]. j. Darlington OBJ
jected. claiming the right to have the
minutes in evidence so that the prosecu-
f! tors might examine the book and see If
the excerpts read were the only refer
ences to the matter. Judge Parker de-
clined to offer the minutes In evidence,
| but later showed them to Mr.. Darlington
before reading another excerpt.
| Did the decision of Justice Gould
| granting the preliminary injunction sur
prise you?" asked Judge Parker.
| .'It certainly did," answered the wit
| ness.
| Proceeding. Mr.. Gompers said as soon
| as, the. injunction became operative he
/ ZIONIST for January, 1875, and. with a
pen struck through the name Of the
bucks Stove and Range Company on the
1--WE Don't .Patronize'' list. He also
| NContinued on Second Pase)