The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-05-27
PLEA Believed
. TO SET PRECEDENT
Members of Inferior Court Ask
Reversal of Appellate
Branch.
ACTION is UN-Ex ED
Reduction of Labor" Sentences
Is Declared to Be by AS
surned Power.

Washington May 26-A petition
said to be unique in the history OF
1urisprudenoe, was filed in tho Su.
preme Court of the United States to.
day. Members Of tho Supreme Cour,
OF tho District of Columbia asked that
portion OF the decision of the Cour,
or Appeals of the District OF Columbia
In the Gompers MItchell- Morrison con-
tempt cases be- reversed.
fhe siRners of the petition are Chief
Justice Clabaugh and Associate Jus
''ces Barnard, Anderson. Gould, Wright
and Stafford. They ask the Supreme
Court Of the United states to reverse
mat portion of the decision of tho
Court of Appeals in the labor cases In
which the Court of Appeals attempted
TO reduce the penalty imposed by the
supreme Court Of the District on the
labor men.
"Assumcd" Power.
The action OF the Court OF Appeals
In reducing the sentence OF Gompers
from twelve months to thirty days in
jail, and In substituting fines OF $500
each OH Mitchell and Morrison, in lieu
or jail terms, is referred to In the pc
tition as the exercise of nm assumed
power In the face Of former distinct
authorizations by the Court OF Appea Is
that 1t lacked the jurisdiction to
H.,
II so disposed
There will be no opposition bv thu
supreme Court OF the District OF Co
luinbia to the granting by the Supreme
Court of the United States OF the APP
plication for review filed last Saturday
by Gompers, Mitchell and Morrison
Not only has the Supreme Court Of the
District no objection to a review OF
the decision of the Court of Appeals,
N Ie ~ hn 1,l
leaders
To-Day's Petition the First.
To-day's petition is said to mark the
first timo in tho District OF Columbia.
and probably in the entire country. that
an inferior court has thus complained
to the Supreme Court OF tho United
states of the treatment accorded by a
tribunal empowered to hear and de-
termine appeals from the Judgments
and DEGREES OF the inferior court
The filing OF the petition came as a
distinct surprise, not only to the labor
lenders. but to their counsel.
Although Chief Justice Clabaugh
took no pnrt because OF illness, in the
hearing and determination Of the CON
tempt case, he appears to agree with
his associates that the Court OF APP
pcals has no power to gauge tho ex-
tent OF the alleged contempt OF the
District Supreme Court or to name the
punishment to be melted out by the Of
Tended tribunal. and so Joined in sign
ing the application for writ OF GER
tiorari
The Jurisdiction thus assumed by the
Court of Appeals is not only 4 depart
ure' reads the petition Of the lower
court, from its own repeated adiudi-
cations upon the question involved
tGompers VS.. Bucks Stove and Range
Company. 33 App, ID. c., 516. 577: Pierce
VS.. United States. 81 App. ID. c. $50
R9vmOnN ta, &
APP. ID. c.. 250 257), but is one OF great
general interest and of far-reaching
Importance and effect: since il correct,
1t not only makes sentence imposed
by this court in every case Of either a
criminal or of Il quasi criminal nature
nppealablc TO the Court OF Appeals. but
takes from this court and from all
other courts of similar character the
summary power to enforce their or
ders and DEGREES. and to vindicate as
saults upon them. which have hitherto
been held Inherent in and necessary 10
tho existence of all courts. and post
poncs. II sustained, the prompt and
necessary assertion by this and similar
courts Of their Inherent powers and
the enforcement OF their orders, iudr-
mcnts and DEGREES. until after an APP
pellate tribunal shall have passed upon
concurred in, revised or modified the
orders and judgments in cases OF con-
tempt which the courts. whose au-
thority has been offended against. have
imposed
IN view of the great public i'm
bsortance of the questions involved.
this court concurs in the petition OF
the said respondents. which they are
advised Is to be by them presented Ia
the Supreme Court of the United
States. that a writ of certiorarl may be
issued requiring the Court of Appeals
or tho District OF Columbia to certify
10 the Supreme Court of the United
states. for consideration and review
| by 1t OF the questions presented Il
| and determined by the said Court O.
1 Appeals in the contempt proceeding.
against the said Samuel Gompers, Johr
/ Mitchell and Frank Morrison, being
/ cause No. 2477 in the Court OF Appeal!
( OF the District of Columbia, to the enc
that said questions may be determine,
in accordance with law and as thei
F.. great Importance demands"
The complaining Judges point on
that Gompers and his associates wer,
! found guilty OF contempt in an open
avowed and defiant disobedicnce" o
DEGREES OF injunctions of the lowe
court. and that. after being afforde,
due opportunity to purge the con