Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-26
UNIQUE PLEA FILED
|NSUPREME COURT
Lower Tribunal Asks Reversal
of Appellate Branch in
Labor Cases.
PETITION is A SURPRISE
TOLEADERS AND COUNSEL
Reduction of Sentences of Gompers,
Mitchell and Morrison Declared to
Be by Assumed" Power.

De Uy ASSumcU 1UWCl.
A petition said 10 be unique in the
history of Jurisprudence was filed in
the Supreme Court of the United States
TO-DAY. Members OF the Supreme Court
Of the District OF Columbia asked that
q portion of the decision of the Court
of Appeals of the District of Columbia
In the Gompers- Mitchell Morrison con-
tempt cases he reversed.
The signers of the petition are Chief
Justice Clabaugh and Associate Jus
tices Barnard. Anderson. Gould. Wright
and Stafford. They ask the Supreme
Court of the United States to reverse
that portion Of the decision of the
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.
Assumed 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 on Mitchell and Morrison i'm lieu
of Jail terms is referred to in the Pc
tition as the exercise of an assumed"
power. in the face of former distinct
adjudications by the Court of Appea Is
that IL lacked the jurisdiction to
change a sentence for contempt even
II so disposed.
There will be no opposition by the
Supreme Court of the District of Co.
Iumb1a to the granting by the Supreme
Court of the United States of the ap-
plication for review fled last Saturday
by Gompers, Mitchell and Morrison.
Not only has the Supreme Court of the
the decision of the Court of Appeals
but concurs in the request of the labor
leaders.
Tsday's Petition the First.
Today's petition is said to mark the
first time in the District of Columbia,
and probably in the entire country. that
an inferior court has thus complained
to the Supreme Court of the 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
leaders. but to their counsel
Although Chief Justice Clabaugh took
no part. because of illness. in the hear
tempt case. he appears to agree with
his associates that the Court of APP
peals has no power to gauge the ex-
tent OF the alleged contempt of the Dis
trict Supreme Court to name the
punishment to be meted out by the of
Tended tribunal and so joined in sign
ing the application for writ of GER
tiorarf
OF Great General Interest.
The Jurisdiction thus assumed hv tho
Court of Appeals is not only de-
parture. reads the petition of the
lower court. from i.s own repeated
adjudications upon the question in
volved tGompers vs.. Bucks Stove and
Range Company. 33 App d. e.. SIG
ST.; Pierce vs. United states 81 App
n. c.. So. 5s7; Raymond VS.. United
States. 20 App. ID. G.. 250. e51. but is
one of great general interest and of
far-reaching Importance and effect
since. IL correct. il not only makes SEN
tence imposed by this court in every
case of either criminal or Of quasi
criminal nature appea ble 10 the Court
Of Appeals. but takes from this court
and from all other courts of similar
character. the summary power 10 en-
force their orders and DEGREES and to
vindIcate assaults upon them which
have hitherto been held inherent in and
necessary TO the existence % ALI ro,,rts
anu poslppntS. II sustained. the prompY
ana necessary assertion By this and
similar courts Of their inherent nowers
ana the enforcement of their orders
judgments and DEGREES until after az,
appellate tribunal shall have passed
upon. eoncurred in. revised az nodif,ed
me orders and judgments in eases of
contempt which the courts whose an
thority has been offended against have
imposed
Important Questions Involved.
In view Of the great public i'm
portance or the questions involved.
tnis court concurs in the petition OF
she sara respondents. which they are
adVised is TO be by them presented to
the supreme Court Of the United
States. that a writ OF certiorari NAV h.
issued requiring the Court of Appeals
or the District of Columbia to certify
10 the Supreme Court OF the United
states. for consideration and review
by IL Of the questions presented ,o
and determined by the said Court Of
Appeals in the contempt proceedings
against the said Samuel Gompers. John
Mitchell ami Frank Morrison. being
cause No. 2477 in the Court of anneals
OF the District OF Columbia to the end
mat said questions may be determined
In accordance with law and as their
great Importance demands,
The complaining judges point out
that Gompers and his associates were
found guilty OF contempt in an ..onep
avoWed and defiant disobed9nce" OF
DEGREES OF ln1unctions of the love-
court, and that. after being afforded
due opportunity TO purge the CON
tempt by signifying their Willingness
hereafter 10 obey the orders and de
crees of the court unless and until III.
same should be reversed by comneten,
authority. in accordance with the Ia "
as declared by the Supreme Court =,
the United states in the former con
tempt proceeding. each OF the sail
respondents declined 10 make am
apology or acknowledgment for his
conduct In the past. or to give apy
assurance that the authority OF the
would be reSpacfed or