Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-03-13
PARKER CITES TAFT
Closes His Argument for Labor
Men in Contempt Case.
PAYS TRIBUTE TO GoMPERs
Asserts That He Did Not Seek to
Thwart Courts Decree.
DEFENSE OF CRITICISM MADE
Hearing in Progress Before Five
Justices of the District
Supreme Court.
PAYS TRIBUTE TO GoMPERs
DEFENSE OF CRITICISM MADE

Judge Alton B. Parker this afternoon
finished the opening argument for the de-
Tense at the hearing in the contempt pro
ceedings against the labor leaders ir
progress before five justices of the Dis
trict Supreme Court in Equity Court No
2. He praised the courage of Samue
Gompers and his love of truth. He de-
clared that unless the president of the
American Federation of Labor possessed
these qualifications in a marked degree
he could not have maintained for TWEEN
ty-eight years the leadership of that i'm
portant aggregation of men.
with all the jealousies existing in a
large body" Judge Parker asserted, '.ne
deceiver and no liar could have stood al
their head for SO many years. Nobody
can doubt the statements of Gompers
when he says his remarks were not made
in furtherance of the boycott and with
the purpose to thwart the decree of the
court
Argument to Follow.
Attorney Jackson H. Ralston will make
the closing argument for the defense and
will be followed by Attorney Daniel Dav-
export for the committee of prosecutors.
Mr.. Davenport is expected to finish his
remarks tomorrow, and the case will be
taken under consideration by the court.
Judge Parker laid great stress on the
alleged failure of the committee to show
that the resolution Of the mine workers
to fine any member buying a Bucks
stove was ever put into operation. He
declared the record showed no such evil
dence and characterized 1t as sig
nificant omission.
Various Charges Taken Up.
Judge Parker took up the various
charges, and explained that most of
them were single sentences made in the
course of extended political speeches in
great cause.
These speeches were made for the pur-
pose of arousing support for the men
running for Congress who were favor
able to the cause of labor, in order that
legislation against injunctions might be
enacted.
When the judges read the alleged con-
temptuous statements in the Gompers
editorials, he stated, he believed they
would not arrive at the conclusion that
thering the boycott. If such is not the
decision reached, Judge Parker contend
ed, his clients may not be ad1udged
guilty of contempt. He reiterated the
statement made by Gompers that he had
no intention to further the boycott in any
of his alleged contemptuous statements,
and that so far as the American Fedora
ton of Labor is concerned the boycott
ceased when the decision of Justice Gould
became operative, in December, 1867.
Common Experience of Speakers.
Judge Parker referred to the common
experience of extemporaneous speakers
that the reports of their efforts frequently
showed stray sentences that would never
have been incorporated in a written
speech He invoked the experience of the
justices themselves, asking if undesired
sentences did not creep into delivered
opinions, into political speeches or other
extended remarks.
Cites Taft's Defense Of Criticism.
No less authority than President Taft
was invoked by Judge Parker to sustain
his contention that mere criticism of a
court decision is not necessarily contempt.
He pointed out that when judge in
Ohio Mr.. Taft, addressing the American
Bar Association, commended criticism of
the courts as wholesome and beneficial,
and also as safeguard of the people
against poorly considered action on the
part of judges.
used harsh language in his criticism,
but asked the justices to put aside any
feeling OF resentment they might
naturally have at the language used.
AS he had sat upon the bench. the
speaker remarked. he realized the
when they read criticisms Of their ac-
tions. but suggested they should not
let this feeling influence their decision
against the accused.
Validity of Injunction Attacked.
Judge Parker attacked the validity
of the injunction alleged to have been
treated with contempt. He pointed out
thas the temporary injunction died
three months after it was signed and
that the permanent injunction was so
amended by the Court of Appeals as to
throw doubt on it's binding force
Taking up the question of the power of
the court to enjoin publication in advance,
Judge Parker expressed doubt of the ex-
istence of such control in the courts, and
urged they might punish unlawful publi-
cations, but only after the act was COM
mitted.
When Gompers said his counsel had ad-
vised him the order was beyond the power
Of the court and not binding, he probably
meant that he had heard him. Judge
Parker asserted, arguing before Chief JUS
tice Clabaugh that such an order would
be ineffective and had taken his cue there
from.
Gompers and the Boycott.
To disobey the court order, the speaker
commended. Gompers and his associates
must have intended to further the boy.
colt. Since they had disavowed any such
intention he claimed they might not be
punished for contempt. The disavowa
by Mr.. Gompers. he said, was corrobo
rated by the testimony of several EN-
ployes Of the American Federation OIL
Labor. who testified President Gomper.
called all the employees and directed tina,
nothing containing a reference to the
boycott should be disseminated from the
offices OF the federation.
District Attorney on New Theories.
United States Attorney Wilson is op-
posed to the recall Of judges and the
Rooseveltian doctrine of the repeal OF