The New York herald., 1921-05-20
GOMPERS DARED BY
JUSTICE VAN S|CLEN
LabOrite Invited to Violate
Injunction and See What
VIII Happen.
PUNISHMENT THREAT
Jurist Says A. f. of Il. Head
Is Afraid He Will Lose
His Job.
REFERS TO GOV. ALLEN
Answers Charge Impeachment
Is Deserved for Action in
Clothing Strike.
REFERS TO GOV. ALLIE

Supreme Court Justice James c. Van
Siclen in his chambers In the County
Court House, Brooklyn. yesterday in
vited Samuel Gompers, who on
Wednesday night in Cooper Union de-
clared Justice Van Sicien should be
impeached for an opinion he had writ
ten in connection with the granting of
an injunction against a labor union. tc
violate this injunction himself.
"If he does. will gladly punish
him." said the Justice, adding:
"The whole trouble with Gompers is
that he's afraid he's going TO lose his
job. Some one page Gov. Allen OF
Kansas. Maybe he'll give Gompers
another spanking. Gompers knows
can no more cite him for contempt OF
court than he can have me impeached
for writing that decision"
Then followed the invitation to
Gompers to see what would happen If
he personally violated Justice Van
Siclen's injunction order
March 80 In the case OF an action
brought by Schwartz & Jaffee, members
OF the Clothing Manufacturers Associa-
tion. against Sidney Hi,lman, individu-
ally and as general president OF the
Amalgamated Clothing Workers of Ame-
rica. the Amalgamated itself and all it's
members. The suit is for 100000 dam
ages and for permanent injunction to
restrain the defendants from interfer-
ing in any way with the peaceful opera
tion OF the Schwartz & Jaffee shops.
Pending trial Of the action Meier Stein
brink and Harry A. Gordon. counsel for
the plaintiffs, applied for a temporary
injunction.
After examining the affidavits and
briefs I'm the suit, Justice Van Siclen
ruled that an injunction should be grant
cd. and handed down an opinion setting
forth his reasons for reaching this de-
cision. 1t is with the text of this opin-
ion. as we'll as with the decision itself.
that Gompers found fault Wednesday
night. while talking to a crowded audi
ence from the Central Trades and La
Dor Council.
Cause OF Gompers's Charge.
The portion to which GomperS took
particular exception reads:
Can the courts step I'm between capi-
tai and labor to strike the medium and
tho conflict justice somewhere, somehow,
ut all times.
THE courts cannot find the balancing
point by boxing the compass OF judicial
opinion from extreme radicalism TO
ultra conservatism. They must stand at
all times as the representatives OF capi-
tai, of captains of industry. devoted TO
Tie principle Of individual initiative. pro-
tect property and persons from violence
and destruction. strongly opposed to all
schemes for the naturalization OF in
dustry, and vet save labor from opprcs-
SION and ccnciliatory toward the re-
moval OF thu workers just grievances,
THE prosperity OF the nation depend
on constructive legislation. backed up BY,
intelligent judicial Interpretation and
strict enforcement"
The Amalgamsted Clothing Workers
of America. almost e00,0 600 strong
throughout this country and Canada. is
not affiliated with the American Feder-
alton of Labor and has fought that or
ganzation and Gompers in the most Bit
ter fashion. The success of the Anal
gamated union has virtually destroyed
the United Garment Workers OF Amer
lea. the A. +. of l.. clothing workers
union.
Since Justice Van Siclen granted the
injunction restraining the Amalgemated
members. individually and as an organ
ization. from picketing or otherwise in
terfering with the Schwartz & Jaffc
shops, the leaders OF the Amalgamated
have taunted Gompers openly with the
wording of the opinion and have de-
manded whether he approved OF II. quot
ing particularly the sentence beginning
"They (the courts) must stand Mt all
times as the representatives Of capital z
Words Used to Bait Gompers.
Taken by itself and eliminated from
the whole text OF the opinion, this quota
ton has been waved before Gompers in
public and private by his enemies Ia the
labor field and particularly by the Anal
gamated leaders His failure 10 reply
previously caused him TO be received
with many jeers and "boos" Wednesday
night from the ANA algamsted men and
women In the crowd. But finally the