New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-06
Sentences Too Severe.

Sentences Too Severe.
Regarding the severity Of the SEN
tcnccs passed by the lower court. JUS
tlce Van Orsdcl said, in the prevailing
opinion:
THE rule in imposing penalties for
contempt is we'll established boy ccn-
turtles Of practice. In this country the
courts have seldom rcsortcd 10 the in-
position Of penalties as severe as those
imposed In this case. In the Debs
case q conspiracy TO boycott the Pull
man Palace Car Company by threaten
ing 10 call strike among the M
ployes Of amy railroad company haul
ing Pullman cars was enjoined and
the order was being violated by pre-
venting railway trains from operating
into and cut Of the city Of Chicago
thus ohstrurtins the movement OF the
mails as % as commerce generally.
THE property Of many railroad COM
panies was being destroyed and life
placed I'm jeopardy Tile sentences IN
posed for contempt ranged from three
10 six months in Jail. In the Thomas
case, for similar conduct "a sentence OF
six months Imprisonment was i'm
posed. In the case Of the United
states agt. shipp. where it was
found that a sheriff and his deputies
had abctted a mob in lynchng a prls-
oner the Supreme Court imposed a
penalty Of three months imprisonment
These are extreme penalties. In the
states lighter penalties are imposed FOR
similar offence I'm most cases for the
mere violation Of an order Of injunc-
ton. whore private parties are IN
volved fines are imposed. From these
and similar cases rule Of practice
has been established in this country
which should govern courts I'm impos-
ing penalties for contempt
However. 10 permit respondents TO
escape punishment would be a travesty
upon justice, but we think that mas
much as the extreme punishment that
could be imposed against respondents
in a criminal prosecution under Sec
tion $500. supra. would be limited to
fine Of 500 or imprisonment for
three months. or both, the penalty i'm
posed is so unreasonable as to demand
modification"
When Samuel Gompers was I'm charge Of
the garment workers strike in ST. Louis
ne severely criticised both the courts and
the lower house Of Congress declaring:
"Thc courts are made for the people.
and not the people for the courts. one
Of our chief grievances is the tendency OF
our American courts 90 set away from
government by law
"The habit of countenancing courts in
their invasion Of the most sacred rights
Of man. and then allowing such invasion
TO be followed because Of precedent, no
people deserving freedom can long toll
crate, or. tolerating. can long retain their
freedom"
John Mitchell vice-presidcnt OF the
American Federation of Labor. when seen
last night at his home, No. Claremont
avenue, Mount Vernon. said
Il avn disappointed that the Court Of
Appeals did not reverse the decision Of
the Supreme Court. I fully expected that
it would. for ! feel that we should have
been acquitted. ] cannot say just what
will be done now though ! believe that
an appeal will be made to the United
states Supreme Court if any means can
he found 10 do so.
Il have had no time TO consult with our
attorneys at Washington. Mr.. Gompers
and Mr. Morrison vii, attend 20 that.
will probably see our New York attorney.
Judge Parker. however 1 have not re-
ceiyed a copy OF the decision