Show I I I COURT cO URT OF APPEALS I AGAINST GOMPERS I Jail Jai Looms Up Once More in ir Full Ful View of the Labor Leaders ONE DISSENTING JUSTICE CONTEMPT CASES WILL BE AP APPEALED APPEALED APPEALED PEALED TO SUPREME COURT Washington Nov 2 The district court of appeals today affirmed the decision of the supreme court of the District of Co Ce Columbia Co lumbia adjudging President Samuel Gom Gompers Gompers pers pens Secretary Frank Morrison and Vice President John Mitchell Michell of the American Federation of Labor guilty of contempt of court cour in the Buck Stove StOC Range case ce Chief Justice Sheppard dissented from the tho opinion of the court cout on constitutional grounds The court held that the fundamental Issue Is Issue Issue sue was whether the executive agencies f t should be obeyed obed or defied The mere fact that the defendants were too the officers of organized labor in America AmerIc said sid the court lent importance to the cause and added to the gravity of the situation but it i should not be permitted to influence the result e Subject to the LawIt Law LawI If It I an organization of ot citizens how however hw however ever large lage the te court held may dis die disobey obey oby the mandates of ot court the some same sae to reasoning would render them subject individual defiance Both Bot are subject to the law and neither nether is above abo it If I a n citizen though he may honestly honesty his rights right have been ben Invaded may elect when and to what extent he will obey the mandates of the court and the re requirements requirements of the law as a interpreted by bythe bythe bythe the court instead of pursuing the or orderly orderly derly derby course of appeal appal net only the courts cours but government itself would become Itel bome pow powerless pw powerless erless and society would be reduced toa to a state slate of anarchy The action acton of ot the supreme court cour of the District Distrct of Columbia in sentencing Gem Com Compers Gompers pers pure Mitchell and Morrison to twelve nine and six months Imprisonment in jail Jal respectively was the result of the failure of these thes three defendants to obey the order of the court directing them to desist deist from placing the Buck Stove Range company of ot St Louis Luis on their unfair list in the prosecution of their ther boycott against the tho corporation Boycott Kept Alive Alve While the name of the corporation was wa removed from the unfair list of the Fed Federation Mer Compere Gompers and Mitchell continued to keep alive ale the th boycott by frequent reference to it in the Federa the official organ of the Feder Federation Federation Federation Mr 11 Morrison was involved Involve in the trou trouble trouble trouble ble by reason of his membership on the executive board of ot the Federation and because beau it was alleged he made no effort efort to prevent the adoption of the resolution at the convention of the United Mine MineWorkers Yorkers Workers of or America Americ in antagonism to th the Buck Stove Range company The pur pun purpose pose of ot the boycott it I was wa said was to cause a decline in the business busIn S of the stove and range company of 50 6 per cent The boycott placed by the Federation pr against the products of the Buck Buek com corn company pany peny grew gw out of ot a fight made by the Metal Polishers union and supported by the Federation for an eight Instead of o day This was ws restated resisted by the stove company and an the published the name hame of ot the Buck Stove Range Rang company under the caption capion of We e Dont Patronize Injunction Issued The proceedings against the officers of the labor union were Aug 19 l I 1907 by Ly b the stove and range company Alter After Altert Altra a t comprehensive hearing Justice Gould of ot f the supreme court of the District Distrct of Columbia issued a temporary Injunction restraining the defendants from prose prosecuting a boycott on the te business and prod products of the Buck Huck company Later this I injunction was made permanent On the appeal of the case cae to t the court of f appeals appeal appal of the District of Columbia Alton Alon B Parker of New York appeared ap red redas as 15 one of oC the counsel for the federation of f Labor References to the Buck Stove Range company continued to appear in the Fed and in speeches and writings of f the defendants defendant and an the company had Gompers Mitchell Mitchel and Morrison cited to appear and show cause why they should not lot be b punished for contempt of court Sentenced to Jail Jai Mr 11 Gompers had openly intimated that he ie would not be bound bund by b the terms of the ho injunction After the hearing In the contempt proceedings Justice Wright of ofte the he te supreme court of the district found the he defendants had been guilty of wilfully disobeying the injunction and sentenced them hem to Imprisonment in the district jail jai In announcing the decision Justice Wright declared that the defendants defendant had intimidated browbeaten and coerced coerce the he patrons of the th stove and range com corn company company pany any until it i had suffered severe loss 10 Pending an appeal the three thre defendants were ere allowed to give bail bl for their ther re reappearance ro appearance Last March arch the court of appeals modi led fled fe the decree granted by the supreme court ourt of oC the District of Columbia by add adding adl ing ag to the injunction the words in fur furtherance therance of said ld boycott The modification was looked upon by at attorneys orneys for fo the defendants as 8 materially affecting the proceedings for contempt They hey claimed caime that had those tho words ap appeared appeared in the original injunction the con contempt contempt tempt empt proceedings never ne could have been decided against them Will Try to Appeal When the decision dec on was render neith neither er r the labor leaders nor their thir counsel wens rere present prent As forecasted fOrfa by Mr Gem Gom Gompers Gm pers em in a recen re issue irue Ile of oC the Federation is 1st t an attempt will wl be b made to appeal the th he case cas to the United States supreme court ourt court The right of appeal appl however Is a mat matter matter mater ter er of controversy Some attorneys hold that hat as this decision finds the contempt to 0 have been ben a criminal offense ocen the court of f appeals would have hae the last lt say in the netter matter mater as it i has of all al criminal cases cs in inthe Inthe the he District of Columbia Others Other how however however howver ever ver contend that as a the constitutional right of oC free speech and liberty of the theress press ress is involved the labor leaders may prosecute an appeal appl No action acton will wi be taken take towards the ar arrest arrest arest rest est of the men until the matter of the appeal has been determined Dissenting Opinion Chief Justice Sheppard in his dissenting opinion pinion held to the view vew that tat the decree deree should hould be reversed because he was con cn winced vinced the lower court was without au authority authority authority to make the only order which the defendants defendant mae could be said Bald to have dis disobeyed ds disobeyed obeyed The chief justice says saysA As regards the conclusion that this proceeding A must be ba regarded as a criminal solely and In consequence that the evi evidence evidence evidence dence on which the conviction rests rest can be considered because beuse not presented in a abill abi abill bill bi of exceptions reserved on hearing I Iwi will content myself with wih saying that tat I am amnot amnot amnot not wi clearly convinced that it must be so o regarded I have heretofore expressed express the opinion opinion opinion ion that much of the injunction order was null and void because opposed to t the con constitutional sti nul provision concerning freedom of ot speech and the press pres Subsequent re reflection re reflection has confirmed confred this view I concede that the court had hd jurisdiction tion of the subject matter of the tM contro controversy controversy versy ton and of the parties parte but I cannot rendered in agree that the decree deree was accordance agee with the power of the court limited by b express provision of a power ln the tho constitution Frank Morrison the only one on of G the defendants now in Washington while dis disappointed disappointed appointed over the adverse decision of the court declared he found toun much consola consolation consolation tion cour in the dissenting opinion of the chief ehlt justice York ton President Gompers is in New Nei NewYork NewYork VanCleave Heard From St Louis Nov Noy W VanCleave president Luis of the Buck Stove Range Rang company today issued Isue a statement con concerning c toay miming the decision In the case c of Gompers and a Mitchell He said The UThe si assault upon me by the American Amen Federation F of Labor in 1996 19 19 was wu plotted plott in cold blood I was wa assailed a le not as a an in individual i but as a president predent of the National Association of Manufacturers the moat mot influential Aston organization of oC bU men menon m mon menon on the globe The federation did this ti in tn order to show its Is power It I c aimed aime to strike terror Into everybody outside its it teror own ranks workers employers and the general public alike alke and to coerce the President nt of the United Unie States Stae the thE con congress congress Prel and state to todo todo torio gress and the courts court federal an gess do rio its bidding As Is a biding citizen I appealed appal to the courts a to protect me in my constitutional constitutional rights Supposing Supping the leaders of oC the tonal federation would desist deist from their at attacks attacks attacks tacks upon our business when enjoined by bythe bythe bythe when the injunction the court especially I was surprised was ws made permanent when they refused refus to obey and I was W amazed when to disobedience they ad added a ded fed open oDen and ostentatious defiance And let it be remembered these the rio vio violators of law and these the assailants asiat of the th courts were not Individual In offenders but bat bt court acted In the name of two millions of people acte whom they claim to be b members of their league league What would the country countr think It if the head of any ay great geat industrial commercial or transportation interest should violate the law and as these the men have done should challenge the courts to o carry hv out the law laW and an to enforce their ther car the dared decrees s If I courts dar It must be remembered these the men mn are arent nn nt I convicted because of their ther attempt to destroy the business baus of the Buck Stove Range Rage company but because beaus they th openly defied the order of a federal feel court court Gompers Not Dismayed New York Nov Nay 2 Predent issued the following statement hi in I regard r to the decision today in the Buck Stove Range company ease case se With all due respect to the majority maty of Wih the court al I cannot surrender constitutionally guaranteed rights because bW a judge will Issue Isse an Injunction invading and denying these rights Chief Justice Sheppards dissenting dl opinion Is In defense of or the constitutional and inherent rights Minority opinions of courts in the past when human rights were court Invaded Invade have pst ultimately prevailed become the tho law of the land and an the gen generally generally accepted rule of or life and ad I have an abiding faith that the rule rufe rut in this case c cwi will prove no exception wi If I must mut go to jail Jai I shall b av the consciousness I of ot fact that other oter men have In the past been compelled to suffer in defense of Justice and right in the cause caUS I of ot humanity and nd for the maintenance or of I human liberty Mr Gompers lbert said an appeal appal probably would be taken to the United States Ste su vu pr preme me court We wl will fight to the last ditch Mr 11 Gompers added addo and ad then thon beyond byn that Ut |