Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-05-08
zoo Severe, Decides Court of APP
peals in Affirming Judg-
ments for Contempt.
GOMPERS GIVEN 80 DAYS
Mitchell and Morrison to Be Fined
$500 Each and Relieved from
Imprisonment-Appeal
Likely.

Washington, May 5-Contempt of court
Judgments against Samuel Gompers
John Mitchell and Frank Morrison, tho
labor leaders for their violation OF a
court injunction in the noted Bucks
Stove and Range case. were affirmed to-
day by the district court OF appeals but
the Jail sentences imposed were held to
have been too severe: so the court re-
duced Gompers's sentence from one year
to 30 days and decreed that Mitchell and
Morrison should merely be fined $500
each. The lower court sentenced Mitchell
to nine months and Morrison TO six
The Supreme Court Of the United States
undoubtedly will be asked to again re-
view the decision.
Unlike previous decisions in this case
which have been unanimously against
the labor leaders, the court of appeals
was divided. Chief Justice Sheppard dis
scented and held that the whole decision
should be reversed, that contempt of a
federal court was a criminal offense and
that the statute of limitations had run
IN the case.
Justice Van Orsde who concurred in
the majority opinion held that the re-
fusal of Mitchell to assure the lower
court of his intention of obey the man.
date of inferior courts in the future
was important in measuring the intent
and temper Of the respondents" With
that, the dissenting chief justice dis
agreed
The majority decision was largely devoted
TO setting out why the original sentences
were held unreasonable. In part it was
held:
ITO permit respondents to escape
punishment would he n trnvcstv unon
justice but we think that the penalty
imposed is so unreasonable as to de-
mand modification.
THE differences which necessitated
the injunction have been settled. The
sole purpose of punishment, therefore
is to give reasonable assurance that
respondents will in .he future respect
the authority of the courts. While th'
injunction was issued TO restrain the
most subtle and far-reaching consplr
acy 10 boycott that mas come to Gu
attention, the boycott las cea sc an'
the necessity for the injunction NJ
Io1ge, existed at the time this cas-
was tiled below.
~ penalty, therefore, which WCUl
have been justifiable 70 prevent furth
err defiance of the order OF the cour,
needless and excessive. Had the cour
below imposed penalties not greatly II
excess of those which we now deem
adequate we would not feel just.fie
in holding that there had been al
abuse of discretion. Since, however
the penalties imposed are so unr"a
sonably excessive and we are callc
upon to modify the judgments we pre-
70 n nf
GRAFTON.
"No one however, can read thi
record without being convinced tina
Respondent Gompers has been til
chief factor in this contempt hence,
severer punishment is merited in hi
case than in the cases of the other re
spondents."
Mr. Gompcrs is i'll at a local hospitt
and his physicians decided not to ir
form him of the courts decision. II
has been undergoing treatment fo
mastoiditis for several weeks, and
was said tonight that his condition wa
such that any excitement might be dar
gerous.
Mr.. Morrison was busy tonight rea,
ing the courts opinion and the dssen
ing opinion Of Chief Justice Sheppal
preparatory to conferences with h
counsel tomorrow.
MITCHELL Is DISAPPOINTED.
Mount Vernon, n Y, May ST a
disappointed at the action OF the court
appeals in not reversing the opinion
the supreme court" John Mitchell sa
tonight at his home regarding the a
y ton of the District Of Columbia tribun
in the contempt proceedings against hi
Samu.. Gompers and Frank Morriso
II feel that we should have been a
autted and l believe now that we W
carry the case to the United States S
preme Court | have not seen the pape
as yet, but | presume that Mr.. Com
ers will have an appear taken. l "
probably consult with counsel, and VIII
hear from Mr.. Gompers we will deci
on what step to take next"