Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-08
SUPREME COURT
REVIEW DESIRED
Finding in Case of Labor Lead
ers Will Go to Highest
Tribunal.
APPLICATION TO COVER
VIEWS OF JUSTICES
Writ of Certioreri Sought to Cover
Point That Action Is Subject
to Statute of Limitations.

The United States Supreme Court will
be asked to review the finding of the Dis
trict Court of Appeals that Samuel Comp
ers. president OF the American Federatio
of Labor; John Mitchell one of its vice
presidents. and Frank Morrison, its sec
retary. are guilty OF contempt OF court
and should he punished, although with
less severity than ordered by Justice
Wright. a twofold application will b'
made to the highest tribunal in the land
in order to cover the different views taken
by Chief Justice Shepard and by Justice
Van Orsdel who delivered the opinion
of the Court of Appeals. which was con-
Cured in by Justice Robb.
Object of Petition.
The petition will be in the nature both
OF an application for certiorari and for a
writ OF error
The object of the petition for GER
tiorari is to cover the point made by
Attorneys Ralston, SiddonS & Richard
son and Judge Alton b. Parker. coun-
sci for the labor leaders. and sustained
In the dissenting opinion of Chief jus
tice Shepard. that the proceeding
against the labor men is criminal and
subject to the bar of the statute OF
peal in criminal cases.
This view was denied by the ma jority
opinion of the court: and on the theory
that the case as held by that opinion
involves the construction Of statute
of the United States. counsel for Mr..
Gompers and his associates claim a
right TO have writ OF error granted
by the Supreme Court.
The highest court of the country took
jurisdiction OF the case when il was
rcf ri r~nv,to ,I uAI
the decision of the Court of Appeals
which had then affirmed both the con-
vfction and sentence of the labor men
to terms Of Imprisonment ranging
suit Of this new application will be
awaited with interest by the legal
fraternity as well as in labor circles.
Ralston Outlines Plans.
Attorney Jackson H. Ralston appear
ed before the Court OF Appeals today
outlined these plans for appeal and re-
quested a stay of the mandate. which.
in usual course. is sent down to the
lower court at the expiration of fifteen
days from the rendition OF the opinion.
Chief Justice Shepard directed that the
request be held Il: allegiance until it was
made plain that there was not sufficient
time in which to prepare the application
TO the United States Supreme Court with
in the term provided by the rules Of this
court. He suggested to Mr.. Ralston that
If 1t was found impossible to have the
applica ton ready in time. the request for
a stay of mandate might be renewed.
As a reason for his doubt of sufficient
time to present the matter to the United
States Supreme Court. Mr.. Ralston ad-
vised the court of the illness of Nj.
Gompers and OF conference which he
would like to have with the labor leader
before. determining definitely on the
course to be pursued. Mr. Ralston also
stated he would be unable to have con-
ference with Judge Parker until next
week when he expected to meet the
former nominee for President OF the
United States at the Lake Mohonk peace
conference to which both are conferees.
He assured the court there would be
no unavoida bile delay in the preparation
Of the application.