Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-07-25
ATTACKS JUSTICE WRIGHT
Opinion Reflects Kingly View
point" Says Labor Chief.
REITERATEs OLD CHARGE
Verdict Reached Month Before It
Was Handed Down, Declares
American Federation Head.

Samuel Gompers, president OF the
American Federation of Labor. in a
lengthy signed editorial in the current is
sue of the American Federationist dis
cusses the recently announced decision of
Justice Daniel Thew Wright imposing
prison sentences Of varying length on
Gompers Secretary Morrison and John
Mitchell
In his article President Gompers goes
into all the ramifications Of the inter
nationally celebrated prosecutions of the
la Dor leaders for alleged contempt OF
court, and reiterates his oft-expressed be-
lief that the prosecution has from the
first been an infringement OF the consti-
tutionally guaranteed rights of free
speech and a free press.
In this connection President Gompers
cites Justice Wright's words in reply to
the defendants contention that the su-
preme law of the land guarantees free
dom OF press and speech. namely. that
the Constitution merely forbids Congress
to pass laws infringing on the freedom
Of press and speech. but does not in any
way affect the courts. Under this In
depreciation Of the constitutional guar
antics, says President Gompers, the way
is made clear for courts to impose any
restrictions they may see At upon pub
lcations Of any kind, as we'll as upon
public utterances.
Discusses All Phases.
| President Gompers discusses the action
| of the court from the issuance of the now
| famous injunction which forbade the pub
| ication in the official organ Of the Amer
| lean Federation of Labor OF the name OF
the Bucks Stove and Range Company in
| the federatfon's so-called unfair list, to
! the imposing of sentence on the laDor
| leaders. whom the court alleged were
in contempt because the prohibited pub
/ iication continued after the Issuance OF
| the Injunction President Gompers saws:
| Judge Wrights opinion is legal docu-
| ment fit to be carefully laid aside with
those already modering in the arcnives
| of law libraries and which may in the
i distant future. as is now the case WIN
| similar ancient opinions and decisions, be
/ revived and held up as conspicuous IN
/ stances of ancient sophistry affecting the
| divine right of kings who are chanceiiors
] i'm their relation to the Save or serI
| The opinion" says President Gompers
| lis document that reflects with utmost
| clearness the kingly viewpoint, the men
| tai bias and the mental processes tnas
stand out so conspicuousiy dlnerent from
| the conceptions OF the rights OIL cilZen-
| ship among our people.
1T sounds" SAYS President Gompers,
like an echo from the kingly chancei-
| lors' opinions OF the Stuart judges OF tne
| seventeenth century. Its pseudo-indlvld-
| ualistic political theory reyerberates IKE
| a voice from the tomb of the vested IN
| terests' philosophers
Cites Declaration.
| Citing Justice Wright's declaration that
| the injunction was not intended to
| abridge the freedom of speech or press.
| President Gompers quotes the frequent
| Interpolation in the courts opinion OF
/ ragraphs, sentences and parts or ar
/ ticles from issues Of the American FEEDER
ationist from reports OF the federation
executive council and from statements
1 of its officers as evidence in support or
| his contention that Justice Wright care
4 fully read every published utterance OF
| the arranged labor leaders in his enort
/ to sustain the charge of contempt
President Gompers quotes the words or
former Federal Judge Henry {. Caldwell,
who said that the jury and injunction are
| terms that cancel each other In pro-
portion as the Injunction is expanded. the
! right of Jury trial is restricted
| Armed with this powerful writ. which
has no definite boundary or limitation.
| and which may be used at discretion, the
| power of the federal chancellor may fair
! lv be characterized a imperial He fol-
!
! Judge James B. Mcclure. in comment
| ing upon the opinion of Justice Wright:
The decision of Judge Wright of the
| Supreme Court of the District of Colum-
bia in the Gompers contempt case is the
most far-rea ching step yet taken TO un-
| dermine and destroy the freedom of
speech and of the press guaranteed By
| the Federal Constitution
Leads to Censorship.
primarily 1t is intended to curb the
| growing power Of organized labor, IL not
| to destroy the labor movement. but 1t
| cannot be limited TO that purpose. If
| finally upheld 1t must ultimately lead to
| the general censorship Of speech and the
press. If court may. by Injunction or
| otherwise, determine in advance what
| subjects may or may not be discussed or
what may or may not be said in a labor
paper, why may 1t not In like manner
| abrdge the freedom of all our other pub
| licatiOnE?
In the course of the article President
Gompers refers to his statement. is
upon himself and Morrison. that informa
ton had reached him to the effect that
Justice Wrights decision had been made
more than a month before IL was an
nounced, but was withheld until after
the republican national convention at
Chicago. He quotes Justice Wright's de-
NAL of the statement, and reaffirms the
reach him, adding that the accused Of
ficials were aware Of the nature of the
opinion more than a month before it was
announced by Justice Wright from the
bench.