The Washington times., 1912-03-11
LABOR LEADERS
BEGIN LAST FIGHT
TO WIN FREEDOM
Objections to Procedure
When Trio Was SEN
fenced Filed.

! against Samuel Gompers, john MITCHELL
and Frank Morrison, officers OF the
| American Federation Of Labor, are be-
ing smoothed out today by respective
counsel before five justices of the DIS
| triCt Supreme Court.
Motions made by attorneys for the
respondents earlier in the proceedings
were also renewed today and were
| taken under advisement, together with
the objections to certain testimony ana
manner of proof by the committee of
| prosecutors.
Justice Dan Thew Wright. who sem
| fenced the labor trio to Jail In the Tor
mer case, is presiding at the final hear
ing. Chief Justice Clabaugh was pres
ent when court convened, but announced
that on the advice of his physician he
would not sit in the closing session,
| but would take months rest.
In Advisory Capacity.
Sitting with Justice Wright in ad-
visory capacity are Justices Ashley M.
| Gould, Wendell p. Stafford, Thomas II.
| Anderson, and Job Barnard. However,
Justice Wright will render the decisions
in the proceedings after consulting with
his associates.
Representing the court is the COM
]
]. Darlington. of Washington; Daniel
Davenuort, of Bridgeport, Conn, and
United States Attorney Clarence r. Will
son. The labor mems attorneys are
Judge Alton b. Parker, one time Demo-
cratic nominee for President, and jack
son H. Ralston. of Ralston. Siddons &
| Richardson, a Washington law firm.
| President Gompers was in court, TAX
ing a deep interest in the proceedings,
and frequently handing his attorneys
| written suggestions or comments.
The courtroom was crowded, but not
uncomfortably, because of the order
maintained as a consequence of a rule
| issued by Justice Wright not to permit
any spectators to stand and to allow ad-
| mittanCe to no one after the seating ca
| paCity was exhausted. Several fashion
| ably gowned women were among the
| audience.
| Attorney Ralston pressed the objec-
tiors to the testimony which his side
| wishes stricken from the record. More
| than 1000 pages of typewriter testi-
| mony have been transcribed and the
| task OF pointing out the objections is
| tedious one and may take the entire
| week.
After one volume of the testimony
| had been considered, Attorney Darling
| contempt charges, tracing the Bucks
| Company controversy from its inception
to the present time The court took the
| objections under advisement.
Motion to Quash.
| Among the motions advanced WAS one
to ouash the proceedings on the ground
that they were being pressed in equity
court rather than a criminal court,
which, it was argued. was contrary to
law governing prose .ution for con-
tempt.
Darlington will make the opening
statement tor the COMMITTEES OF
prosecutors. dealing with the charges
against Messrs. :iompe"s and Morrl-
will make he argument against Vice
President Mitchell Then will follow
Judge Parker anl AttClnev Palston for
the respondents. AMI Attorney DaYcn-
port will close for the prosecution.
The contempt of court charges are
based on alleged acts committed in vio-
lation Of an injunction issued by Justice
Gould December 49, 1907, prohibiting the
American Federation of Labor and its
officers from carrying on boycott
against the Bucks Stove and Range
Company of St; Louis. The order be-
came effective December @. 1907, with
the filing of bond by the company.
Charges of Committee.
1t is charged by the committee OF
prosecutors that the three labor leaders
violated the terms OF the injunction by
making speeches in regard to the va.
lidity of the court order, and its powe,
10 compel labor men to buy the product
of the ST. Louis company. 1t was also
charged that editorials in the American
Federatlonist contained declarations IL
violation of the order. The circulation
Of the urgent Appeal a circular ask
ing for funds. and other literature al
. ! legged to have been in defiance OF the
} injunction. was further charged.
, Freedom of speech and the freedom
of the press-something guaranteed b!
the ConstitutiOn-rather than the fur
therance of a boycott against the Buck
Stove and Range Company was the OBJ
. ject of their contention, claim the labU
} men. Their defense Is that they aban
. doned the boycott when the injunction
: became effective, but did not end the
! campaign for free speech and free press
; They claim their contention has beel
- upheld by the United States Suprcm
} Court, and that their course has beeI
vindiCated by a decision of that tribunal
\ When they were found guilty of con
tempt of court in the first proceeding
c President Gompers was sentenced t,
: one year. in Jail. Vice President Mitchell
received sentence OF nine months II
Jail, while Secretary Morrison wa
given six months. An appeal wa
promptly taken and the trio were re
y leased on bonds.
The decision of the United State
| supreme Court was nhnueu DOWN MA
Is, last 1t gave the District Suprem
: Court the power to renew the COntemp
l charges Accordingly, on the followin
= day, May il, Justice Wright appointc
c the committee of proseCutors' to max
an investigation, the committee consist
inE of the counsel thet had prosecute
the OffiC !alS III behalf IF the Buck
II stove and Range Company.
= Some Comment Heard
- Some comment was heard over tn
8 personnel of the committee Of prose
Cutors," but Justice Wright maintaine
c that he followed precedent in n6min
:, the attorneys the case Of Boss" Co
in Ohio being ir point.
A report was made by the Committe
on June &c, last, the finding being tina
the labor trio were guilty Of contemp
Virtually the same charges as wer
contained in the original proceeding
IS we're set forth in the new bill.
J. Testimony in support Of the charge
II was taken before Justice Wright, begir
- ming the latter part of Decembe
Messrs. Gompers. Mitchell. and MOI
rison were the principal witnesses
their own behalf Each one of the RI
, spondents was on the witness stan
several Gays for CToss-cXaml IA ton, a
"a torntys Darlington and Davenport bC
7, ing severe and exhaustive in the
N que stioning.
X Vigorous objections were made
! ,,,lr, W. nd Dol Igtn 4