The Washington times., 1914-05-11

Mitchell. and Morrison before Judge
Wright by the prosecuting committee ~
speeches before the Norfolk, Va. Ea-
ii"nal convention of the Federation and
'lscwhere. and numerous editorials in
The Federationist." alleged to be in
defiance Of the courts injunctiOns were
".ted in the indictment.
iTompers was also charged with head
iTE an Urgent Appeal for money to
Iase a defense fund
mitchell was charged with lending his
name to the Urgent Appeal" and also
with having presided at a United Mine
Workers National convention at India
napolis al which a resolution was pass
ed fining any union miner Sc who pur-
chased a Buck stove or range.
Morrison was charged with lending
his name and signing the Urgent Ap
peal and with circulating copies Of
The Federationist" containing the boy
colt order against the Buck products and
Gompers.
Asked To Apologize.
Judge Wright proposed to The three
jefendants that they apologize. offering
10 dismiss the contempt charges.
The defendants refused. contending
that they had no intent TO act in con-
Tempt of the court. They insisted that
their sole offense. If any. was disre-
Eard Of an order of the court and not
contempt of the court itself.
The statute of lirnita atoms was also
pleaded. The labor chiefs contended that
Gll acts charged against Mitchell and
Morrison. and practically all against
'"mpers. occurred during 1907 and 1905
or three years before the institution of
the second contempt cases. Right of
free speech and free press wero
r:is'd by the defendants. They insisted
liat anti-SoyCott injunCtions violated
t'esr constitutional rights. They as
s'rted that tha Injunction was void and
h'vond the pGwe~ of the court so far
IS L abrcgated : free speech and free
press TO prevent the defendants from
Speaking or writing in criticism or Op-
osition to the injunctions.
Sentences Coommuted.
All defenses were swept aside by
the District Supreme Court. On June
&. 1912. judgments of guilty were
directed by the entire court. except
thief Justice Clabaugh. who was ill
The original sentence of one year in
L4il upon Gompers. nine months upon
Mitchell and six months imprison-
nent upon Morrison were e-imposed.
The District Court of appeals. by a
vote of to I. Sustained the verdict
chief Justice Shepard of the Appel
late Court dissented.
But the ApDeuuate Court held that
the sentences of one year. nine
ment were excessive" and reduced
iomper's sentence TO thirty DAYS in
Iail. and fined Mitchell and Morrison
$500 without any penal ServitIde.
To. permit the respondents TO es-
cape punishment would be a travesty
on Justice the Appellate Court said.
The defendants appealed again to the
ntted States Supreme Court, result
ing in the dicision today.
The entire bench of the District Su-
preme Court also appealed to the
high court from the District Court OF
Appeals decree. The judges of the
trial court denied that the appellate
court had any right to reduce SEN
tences imposed. They insisted that it
was mandatory upon the Appellate
Court to affirm their decision of con-
NiCtion and impose the same SEN
'ences, or acQuit the defendants en-
tirely.
Judge Alton f. Parker. former Dem
"cratic candidate for President and
Jackson h. Ralston represented
American Federation heads in the en-
tire proceedings.