Evening star., 1913-02-25
Judge Parker Argues Before
Court of Appeals.
DENIES CONTEMPT CHARGE
Says Gompers, Mitchell and Morrison
Should Not Be Held Guilty.
CONFINES HIMSELF TO FACTS
Practically Leaves Questions of Law
Involved Observation-Disclosures
by Mr.. Ralston. 1.

In an argument lasting two hours to-
day. Judge Alton B. Parker of New
YORK, before the Court of Appeals OF
the District of Columbia, opened tho
presentation of the claims OF Samuel
Gompers. president of the American
Federation of Labor John Mitchell its
vice president. and Frank Morrison. sec
retary, that their conviction OF con-
tempt Of court should be set aside, and
that they should not be required to
serve terms of Imprisonment in the
local Jail imposed by Justice Wright
June 23 last
Mr.. Gompers was sentenced to servo
twelve months in Jail. Mr.. Mitchell nine
months and Mr.. Morrison six months.
The sentences are identical with those
imposed in 1905. and which were set aside
by the United States Supreme Court In
May, 1911
Judge Parker confines his argument to
the facts rather than to the questions OF
law involved in the appeal of the labor
men. He pointed out that the record
discloses that the labor men never WILL
fully violated the injunction and that the
facts do not bear out the claim OF the
committee that the labor leaders are
guilty of contempt
The judgment and sentence of the court
are not sustained by the facts as shown
In the record, Judge Parker declared.
Boycott Not Continued.
He Urged that the record proves there
was no illegal boycott furthered by the
labor men after the injunction became
operative, and said the court should have
held the respondents purged of the al
| legged contempt on the showing made by
them in response to the charges.
Speaking of the urgent appeal which
| figured so prominently in the trial In the
| lower court Judge Parker said Mr..
Gompers testified that his real and only
| object in sending II broadcast through
out the labor world was to raise FUNDS.
and that he had no thought OF aiding
boycott by it's distribution. Mr.. Morri-
! sons testimony Judge Parker said, was
\ to the same effect.
| The urgent appeal he said, could not
| be ve:y effective instrument to further
| boycott, but that 1t was effective for
the declared purpose OF obtaining q de-
| fense fund is not left to conjecture by the
court or to the vain imaginings of coun-
sel for it is proved that the responses
were liberal
Morrison sent out thiity-seven copies OF
! the Federationist, containing alleged con-
! temptuous matter, Judge Parker declared
| the finding Of contempt to be Mr.. Nor
rison's reward for having SO Freely anu
| frankly supplied the attorneys for the
prosecution with information as TO theso
thirty-seven copies.
No Intent to Aid Boycott.
IF it could pe reasonably claimed"
the speaker said. that any of these
copies were sent out to further a boycott
and not merely to accommodate libraries.
colleges and students. why did not the
prosecution put in evidence the list or
the names and addresses OF the pur-
chasers which had been furnished to Mr..
Davenport by Mr.. Morrison?
There certainly is no evidence i'm the
| record upon which to base finding that
beyond a reasonable doubt the circulation
| of all any of such copies was with the
intent to aid. abet or assist boycott:
| Judge Parker also exonerated Vice
President Mitchell of the charge that he
aided the boycott when he presented to II
meeting of the Mine Workers of America
the resolution to fine any member who
bought a stove of the Bucks Stove and
Range Company.
| He narrated the condition of Mr..
| Mitchelrs health at the time when he
was recovering from three severe sur
gical operations. and pointed out the
testimony Of the head Of the mine
workers that he did not recall the
| resolution. as many were offered the
| same day.
Attorney Jackson III. Ralston followed
Judge Parker in a brief outline of tho
| law invoked on the appeal by the labor
men, His principal argument will be
| ut the close of the hearing tomorrow.
President CIompers sat with his law.
| yers at the counsel table. but Secretary
Morrison occupied a seat among. the
| audience Mr.. Mitchell was not in tho
city.
| times i'm the course of his argument
| bv Justices Robb and Van Orsdell with
oreries as to the position taken by the
speaker.
Judge Parker Opens Argument.
The two days allowed by the court for
the presentation Of the arguments on ap-
neal were distributed by arrangement OF
counsel.
For the committee of prosecutions"
which claims the Judgment OF the lower
court should be stained and the labor
men required to serve the jail sentences
,mposed by Justice Wright. arguments
will be made by Attorneys Clarence X.
Wilson. Daniel Davenport and Joseph J.
Darlington. .
today counsel for Mr. Gompers and his
associates obtained leave OF court TO ME
| a reply brief to the brief or the commit
tee. In opening their new .rs pre-. couhses
for the labor men say: There are SO
many errors contained in the brief or
the committee relating to the record. 10
be contentious in the brief Tor the appel
iorts and TO it's own citations OF author
itiau that lest any of them should mis-
lead the mind of this court. We have
found II necessary to submit this supple
mental brief.
Denial by Labor Leaders.
The labor leaders vehemently deny the
statement OF the committee that they did
not insist on their plea of the bar OF the
statute of limitations in the court below.
They point out that ION the contrary. it
was understood by court and counsel all
the way through that the testimony was
being taken subject to our plea Of the
statute and our objections upon this
point were considered as taken and over
ruled
Again at the conclusion of the case.
thev saw. they saved the point in the
record and cite portions OF the record to
sustain their claim.
Denial is also made of the statement
nv the committee that a continuance or
Tho hoycott is shown by the fact that
Gompers and his associates stopped the
boycott July ~. 1910. ,
Numerous other alleged inaccuracies In
the committee's brief are mentioned.