Evening star., 1914-04-07
ORDERS REHEAR|NG
OF GOMPERS' CASE
Full Bench of U. S. Supreme
Court to Pass on Contempt
of Labor Leaders.
VIRGINIA DEBT CASE
is SET FOR APRIL 10
Patient Who Carried $9s Dentist
Bill From Courts Of Hawaii
Loses His Suit.

A complete rehearing before a full
bench of the Supreme Court of the United
States of the celebrated Gompers-Mitch-
ell-Morrison contempt case was ordered
yesterday by the court. and April 20 was
fixed as the date. At the argument of
| the case several months ago Justice Lur-
| ton was absent, but returned to his du-
ties yesterday
The hearing April 20 will be the third
time the contempt case has been before
the Supreme Court. On the original
hearing the court held that criminal SEN
| tences for contempt had been imposed
on Messrs. Gompers. Mitchell and Morri-
son in a proceeding in equity. and the
decision of the District Supreme Court
was reversed The District court the
following day. instituted new proceedings,
the result of which was the imposition
of the same sentences set aside In the
original proceedings.
The three labor leaders now contend
that further proceedings against them
are barred by statute of limitations,
while the District Supreme Court seeks
to have its sentences stand as imposed,
also denying the right of the District
Court of Appeals TO interpose. in the
matter.
Were Given Long Sentences.
In the original action Samuel Gompers,
John Mitchell and Frank Morrison, presi-
dent, vice president and secretary, re-
spectively, of the American Federation OF
Labor. were charged by Justice Daniel
Thew Wright of the District Supreme
Court with contempt in that they were
charged with continued publication, in the
I'VE do not patronize' list Of the Amer
lean Federationist, of the name Of the
Bucks Stove and Range Company of st.
Louis. A sentence of one years impris-
onment was originally imposed on Presi-
dent Gompers. with nine months in jail
for Vice President Mitchell and six
months for Secretary Morrison. The Dis
trict Court Of Appeals reduced these SEN
tences to thirty days.
The action yesterday of the Supreme
Court In restoring the case to the
assumption that the court Is divided
on the knotty problem and wished to
have the whole matter gone over again
with Justice Lurton present
The Supreme Court yesterday held
that an amendment to California's con-
stitution requiring all public service
corporations using city streets to pro-
cure franchises from the cities in which
they operated is without effect in SO far
as 1t applies to water. gas or electric
lighting companies doing business at
the time the amendment was adopted.
Virginia Debt Argument.
The court yesterday set April 13 for
argument on the application Of West
Virginia for reopening Of the Virginia.
West Virginia debt case for the purpose
of allowing West Virginia to attempt to
show 1t was entitled to assets In vir-
ginia's possession at the time of the
partition.
West vlrginia's claim now is that the
court should credit it with share of
virginia's assets, which would reduce the
sum to be paid by West Virginia to Vir~
sinia from 81. 1s2, 600 to $2,327. 600.
, II. L. Herbert of Hawaii and Australia
fought $9s dentist bill all the way from
the Honolulu courts and lost his case.
His fight. conducted on purely technical
torneys and incur large expense
Charles Carlesi. convicted in New
York of forgery. must serve q long
prison term as a second offender
President Roosevelt. He claimed the ef
feet Of the pardon was to blot out his
first conviction SO that he could not be
regarded as a second offender
Would End Litigation.
I'VE deem it for the best interest Of
the republic that this litigation should
be ended" said Chief Justice White when
he decided that there was no question
of violation Of the federal Constitution In
the attachment Of bonds OF the Winans
estate of Baltimore claimed by Prince
de Bearn. The chief justice observed that
the case had been before the Maryland
court of appeals six times and the Su-
preme Court Of the United States four
times.
The suit Of the Norfolk and Western
Railway Company attacking the validity
of the West Virginia two-cent passenger
law has been advanced by the court for
hearing October ID.
Creditors of a railroad in Virginia, at
least. are entitled to interest on their
claims pending during receivership OF
the road.
This decision was reached in response
to a question propounded by the fourth
United States circuit court of appeals.
which was uncertain whether the American
Iron and Steel Manufacturing Company
was entitled to interest on a claim for
supplies furnished the Seaboard Air
Line during the time the road was In the
hands Of receivers. and supplies being
furnished before the appointment of the
receivers
Ru1ing as to BRIBERY.
Bribins . government employe to vio-
late his duty fixed by his superior gov
erument Official Ii as much q violation of
law as If the duty had been nxed by
statute, 50 the court declared yesterday
in holding valid the indictments Of Willis
N. Birdsan, Thomas E. Brents and Ever
ett E. Van Vert in the federal district
court Of the northern district Of Iowa
Birdsall was a lawyer charged with