Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1914-05-28
u. S. Supreme Court
Dism Kisses Contempt Case

of Labor to assist the International
Union of Metal Polishers, an allied
Organization, in it's contest with the
Bucks Stove and Range Company,
whose president Mr.. Van Cleave, was
also president of the National Assoc
citation of Manufacturers. On Decem-
Der Is, 1907, Justice Gould, of the
Supreme Court of the District of och
umbia, issued a sweeping and general
injunction against the American fed
GRAFTON of Labor, its officers, and all
others within the Jurisdiction of the
court, from making any reference
whatsoever to the company's relations
with organized labor. No Injunction
ever issued equaled this writ which
ordered that no reference could be
made, either by written or printed
word, or orally, of the fact that the
company was engaged in a dispute,
OF that it had been unfair to labor
The order not only applied to the
officers of the A. n. of L. but to each
of their agents. servants, attorneys,
lconfederates, and any and. all persons
acting in aid of or in conjunction with
them"
President Gompers and his collea-
CUES showed that this injunction even
denied them the right to discuss JUS
| tice Gould's order and the principles
involved, as the company's name
would necessarily be mentioned, there
+ by violating the order and making
them liable to punishment for con-
| tempt of court. This, the unionists
pointed out, was the shigh-water
mark as it were, of government BY
injunction rule, as the constitutional
guarantees of free speech and free
press were attempted to be set aside
by an order of court
On these grounds the unionists de-
clared it their duty to contest this I'M
heard of Injunction, and the case was
appealed to the Court of Appeals of
the District of Colum bia. With this
began campaign for remedial Iegis-
lation that included, an amendment to
the Sherman a~>xtrust law, the elimi-
nation of injunctions in purely indus,
trial disputes, and reform of contempt
proceedings.
Later, President Gompers, Vice Pres
ident Mitchell, and Secretary harrison
were ordered to appear before Justice
Wright to show cause why they should
not be punished for contempt They
were found guilty, and in a speech
replete with bitter invective and abuse
the court sentenced President Gompers y
to one year in Jail, Vice President
Mitchell to nine months, and Secre-
tary Morrison to six months. The
action of the court, together with his
Incorporate language electrified the
american workers, who rallied to the
support of their officers, and the in
cident drove home, more effectually
than ever the principles for which the
three .unionists made battle. Pending
the appeal to the United States Su-
preme Court, an agreement was reach
fed between organized labor and the
company, settling all disputiye ques-
lions. AS a consequence, when the
appeal reached the Supreme Court,
the case was decided to the moot"
and therefore the principles involved
in the contention were not passed up
ION by the court.
After a series Of motions and hear
|ings in lower courts, the United
States Supreme Court, on May Is, 1911
set these verdicts aside and ordered
the case remanded for trial without
prejudice" On re-trial the sentences
were reduced to thirty days imprison-
ment for president Gompers and fines
TO $500 each for Vice President Mitch
ell and Secretary Morrison.
For 'sidelight" purposes, and to Ill
ustrate the fairness" and judicial tenn
Tperament of Justice Wright it may be
recalled that when the Supreme Court
ordered the case remanded for trial,
Justice -sWright appointed commits
sion of lawyers who were instructed
to investigate and report to him wheth-
Ter there was reasonable ground to
believe" that the defendants violated
ed as the committee the lawyers who
prosecuted Gompers, Mitchell and Nor
rison in the first case.
"The committee" intending to
place the defendants in a false posi-
ton and to humiliate them, offered
them the opportunity to apologize"
to the court and to promise obedience
to the issuance Of it's orders, the I'M
plication being that they would there
by acknowledge that they had been
guilty Of wrong doing. This Messrs.
Gompersf Mitchell and Morrison re-
fused to do; their contention was for
the rights of the freedom of speech
and the press, and the exercise of
the normal activities of the working
people. Several conventions of the
American Federation of Labor encour-
aged and sutained this contention,
and the rank and file of the working
people of the country as well as all
others who love liberty and justice,
rallied to the support of the men who
were taking whatever risk might en-
sue otrheir contention of the prin-
ciples involved.
Last Monday the United States Su-
preme Court dismissed the case on
the ground that it was barred by the
statute of limitations
From an educational standpoint, in
n 1nII1azlo honoff hos hoon thp NOT