Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-11
LABOR LEADERS CO
FREE FOR ALL TINE.
SUPREME COURT FINALLY ENDS
NOTABLE FEDERATION
BOYCOTT CASES.
CONTEMPT SENTENCES BARRED
By LIMITATION STATUTE
Gonpers, Mitchell and Morrison Will
Not Have to Servo Modified Prison
and Range company-Long Litisa-
ton Concluded by Final Decision.

Washington. May 1.-THE contempt
sentences imposed by the district su-
preme court on Samuel Gompers. John
Mitchell and Frank Morrison. labor
leaders. were set aside today by the
supreme court for the second time. as
barred by the statute Of Limitation.
Justice Holmes said the case turned
on the point that the contempt pro-
ceedings should have been started
within three years from the date of the
committing Of the offenses. He said
proceedings for contempt should be
speedy and thus come within the pur-
pose Of the statute Of limitations. JUS
sented.
Offenses in 1907
The offenses charged against the la
Dor leaders occurred in 1907 and early
In 1908, about the time the district OF
Columbia supreme court issued an IN
junction prohibiting the federal Of
ficials from boycotting the Buck Stove
and Range Company. Of St. Louis. then
in n labor war with organized labor.
The labor leaders were sentenced to
! Jail, but the supreme court of the
United States in 1911 set the conviction
aside because the labor leaders had
been proceeded against as If the pro-
ceedings were a part OF the boycott
suit. The district court the day after
the reversal then began separate pro-
ceedings against the leaders for the
same offense.
Sentences Once Set Aside.
The contempt charges against Sam
uel Gompers, John Mitchell and Frank
Morrison grew out OF the injunction is
| sued by the District OF Columbia su-
preme court to prohibit the federation
boycotting the Buck Stove and Range
1 Company. Proceeding as II the con-
tempt cases were part of the 4in1unc-
| ton suit, the district supreme court
| held the labor leaders in contempt and
| sentenced Gompers to one year In Jail:
Mitchell to nine months and Morrison
to six months. The supreme court of
the United States on May Is, 1911. set
aside those sentences. holding that
penal sentences had been enormously
imposed In a civil suit.
New Suit Begun.
The day after the sentences were set
aside. the district supreme court be-
gan new proceedings against the labor
leaders. A committee was appointed to
report whether there was reasonable
cause for holding the men guilty OF
contempt. 1t consisted of j. J. Dar-
lington, Daniel Davenport and James
II. Beck. attorneys Of record for the
Bucks Stove and Range Company.
The committee reported that the
three men had been guilty Of contempt.
1t charged that Gompers In December.
1907, had hurried out an issue Of the
American Federationist. containing tho
name of the Bucks Stove and Range
Company on the We Don't Patron!xe
List" so as to have 1t published before
the injunction became effective. It
charged contempt for the court In va
rious utterances Of Gompers In speech
es and editorially In the Fedora ZIONIST.
Still another charge was that he print
ed and circulated . paper known as
AN Urgent Appeal for Financial Aid
in Defence Of Free Press and Free
Speech" In which it was contended that
he suggested members Of the fedora
! ton might violate the injunction and
defeat its object provided they were
not within the District Of Columbia.
offenses Charged.
Frank Morrison was charged with
cooperating with Gompers. as secre-
tary of the federation. In making these
publications. Mitchell was likewise
| charged with CO. operation in the circu-
lation OF the Federationist and of the
urgent appeal and with presiding over
a meeting Of the United Mine Workers
on January rs, 1908. when a resolution
was adopted placing the Buck stove
and range on the unfair list. and pro-
viding for fines for members who pur-
chased such a stove or range.
| The report was approved by the dis
! trict supreme court and the identical
sentences Of the first proceedings were
| imposed.
The District of Columbia court of
appeals remanded the case with direc-
ton that the sentence on Gompers be
and the imprisonment of Mitchell and
Morrison be changed to a fine of $500
for each man.
The district supreme court committee
insisted before the supreme court that
the court Of appeals had no right to
modify the sentences.
Must Have Some Limit.
! In concluding his decision Justice
Holmes said in part:
even II the statute does not cover
the case by its expressed words, as we
| think II does, still in dealing with the
punishment Of crime a rule should be
laid down. If not by congress, by this
court The power to punish for con-
tempt must have some limit In time
and in defining that limit we should
have regard to what has been the
policy of the law from the founda ton
of the government. BY analogy II not
by enactment the limit Is three years" !"
To convert an ordinary bath tub into