Salt Lake Tribune | 1908-12-24 | Page 1 | [Illegible] and Mitchell Given Jail Sentences

grfers of American Federation of La I or Condemned to Prison for Con- tempt of Court in Violating j : an Injunction. ; ij i F0R PRESIDENT GOMPERS; NINE MONTHS FOR MITCHELL m $ ! I k of the famous Buck Stove and Range Cosrs- pany Suit; Court Severely Scores 8 . ' Defendants. i Si . . m t 5 Due. 23. Twelve $8 ij h, jail for Samuel Gompers.. 6 ft; si110 i"0111113 for Jolm Jjjj of the vice-presidents, and ' for Frank Morrison, soerc-p'of soerc-p'of the American Federation of tjl ;'ns the seutonco imposed by krijht of tbc supreme court of rf SstCot Columbia today, for con-jc con-jc court in violating an order $ s;,' tbom from placing on tho jc" or "wc don't patronize" Jfl: a Buck Stove and Range corn- j St. Louis. ft- if Ibc defendants were in court yt jolencc iras pronounced and no-'1 no-'1 &a appeal to tbc District of Co-S; Co-S; j'appelbtc court wus illcd, Gom-I" Gom-I" Ubj; released on $5000 bond, 42 cd $-1000, and Morrison on ?! ; Kife and daughter of Mr. im licard tbc sentence and were tii j-jffectcd. .C-impsrs Moycd to Tears, v liteirs coursing down his "cheeks. fct Gompers heard . tho order j?j :t3demncd him to prison for a J3j JlitcLell and Morrison, seorncd e&i although Mitchell appeared to T2p',!ast tpnucircd. A-sked if, he ;wji7iUnf to say wliy sentence .Zmtivf. be pronounced, President a declared that he had not con-;1 con-;1 Tilolated any law. ' If n tas much he would- like to ii fe;uid, but lift could not do it at fw pat. He added, however, that 3 n a struggle of the working ?fvr the- right. It is a. struggle W die a struggle of tho men of 'jMhrow off some of the bur-nidi bur-nidi have been heaped upon 11! abolish some of tho wrongs ja0 somo oC tllc "8uts too long J iitchell and Mr. Morrison told l ct today that tliov "Indorsed whut at. had ai1-" Sai , JiuUce Is Emphatic, iu y i Wright's decision, which con-IB con-IB .fro hours and twenty minutes rd i'83 fl soathing arraignment. ! qMrc," the court . said, "all t'tim the court aud out, utter. , Vi insolent defiance is heralded y WJimcd; unrefined insult, coarse -5: i:.?37 indignity, mcasnres the foL 5 'Muccptiou of the tribunal's Cf.tln,h,s tasQ etill pends." il Vllv command has been." ho A ,-I13, nancl3 off. until jus- f' v 5, matter can be ascor- 5 v. said there had been M S'.'wnnined, defiaut couJlict fa i the light of open day di ri,?. aecrcc3 of a tribunal or-r or-r ' t!iC government, of the fod- vi.?.Ed o he tribunal of an-;.S an-;.S ;;;iii grown up in the land." tfl Ftp other, he declared, must, y;- v. for those who would 'unlaw r ue public enemies." g History of the Case. Ti "ajPaoj-'E prosecution of 4-federation began in 1 V,iilIe original action ras a 3 a 't.was M"Sht to en- w.?' unions from usinp: the "un- 6 iJltAon t Patronize' lists In '1 i fiinsS fl.rmc ar"3 individuals. ; &Jff&.f the supreme court of il i,F0,umbla Issued an injunc-c0 injunc-c0 tTthl J m2de permanent, y rttoPS ,lbcation of the com- i."-.;n ese ll8t- President fa-?.,n, 6dl,t0llal ln the Federa-J? Federa-J? fi2K-i0P1fi" the court's order, " Wan ;.? lnJ"nctlon Issued waa l- Wii? ithr rlshUj of 'abr anfl 1 Ga-niL '"JlUvfc power of the ,it ifef Mitchell and Morrl- Fhatiy,w:,re cilca fr contempt. Iri tihJn. f-"1'-' nontle. the pro- I 3r ln' ;or;11 of hearing of j ft . c ATl t'-i-irulner and many I Ut20 12 Scvcrc- ' ? S JLH?ns wuccding the in-' in-' avtrevrred , lo fact that lot is ,a ,iea,ro l,e Buck plant hart cW! . ur 6fop and always TW ih'i ?'A shop." Ho also S" ?-teIo:' or Ijabor. with its Df of ,' and of repeated in- M 4nil h-'yco lt of the, Buck s"i red?.ico?l,)any' through the j "1 a"a.tlopJat, the federation's 3 j'a.,p,-'ech6H bV the defendant. ?5 of .'i,?: Tho court referred al I1 ?t th ,abor orsan-S orsan-S 3i at memla of labor i,1 t" "vrhMh aniI coerced nto. cup-St. cup-St. afer. "'dually Trillins ?4 Th0 court read e loJ' &Unein" bve3rlrig on the Buck fe"6!nbS,slVw.th '""hods of f o1-! W. "marked, "seem to iW' 2? Uiff v, th9 3tovo company. m'tMrJ?1'' been Intimidated, p;I'r4,, thr;lr cuatomers "by uiomtTB'j irad0 . relations with their own "iSustomers and the public generally." Following an exhaustive discussion of conspiracies in restraint of trade. Justice YS right said: Analysis of Offense. "Front the foregoing It ought to scorn apparent to thoughtful men that the defendants de-fendants to the bill, each and all of ihyni, havo combiued together for the purpose pur-pose of: "First Bringing about the breach of plaintiff's existing contracts with others. "Second Depriving plaintiff ' of property prop-erty (the valuo of tho good will of its business) without due process of law. "Third Restraining trade among the several states. "Fourth Restraining commerce among the several states." The ultimate purpose of the defendants, the court said in this connection, was unlawful, their concerted project un offense of-fense against the law. and. "11 added, they were guilty of crime. Coming to the question of violation of the court's injunction. in-junction. Justice Wright said: "In that Gompers and others had in advance ad-vance of the injunction determined I' violate It If Issued and had ln advance of the injunction counseled all members of labor unions and tho American Federation Federa-tion of labor and tbc public generally to violate It, ln cusc It should bo issued, appears from the following, which references refer-ences point-out also the general plan and mutual understanding of the organizations and their various members." Documentary Evidence. The court here read a mass of extracts from reports of proceedings of conventions conven-tions of tho federation, reports of President Presi-dent Gompers. editorials from the col-umna'of col-umna'of the Alrnerlcan Fcdcrationlst and tho labor press1 generally In support of his statement that thor was a. predeterrai-zmtlofi predeterrai-zmtlofi tO'vlulafc tho Injunction. Discussing tho uc'tions of the defendants defend-ants since the issuance of tho Injunction, Justice Wright said: ' "Having In mind what may be in the foregoing delineation which indicates that either of the three respondents did, before be-fore the issuance of the Injunction, deliberately de-liberately determine to wilfully violate it, and did counsel others to do the same, let me now turn to their sayings and doings since the decision of Justice Gould was formally announced, and tho order of Injunction Itself put into technical operation by giving of the Injunction bond. On December 17, 1907. the opinion of the court was filed Into tho case: the order of Injunction was entered on December IS, tho giving of the undertaking required re-quired by It was consummated on December De-cember "' .and I am disposed now to look at tho separate conduct of each respondent respond-ent with a view of recording his individual indi-vidual responsibility In sufficient detail." The court quoted at great length the attitude taken by Mr. Gompers since tho injunction was issued, his writings, interviews inter-views and public addresses, and remarked: ' 'Dolegatc Violation." "AH of which was douc, all of which was published, all of which was circulated in willful disobedieuco and deliberate violation vio-lation of the Injunction and for tho purpose pur-pose of Inciting and accomplishing the violation generally, and In pursuance of tho original common design of himself arid confederates, to bring about the breach of plaintiff's existing contracts with others lo deprive plaintiff of property prop-erty (the good will of Its business) without with-out due process of law: restrain trade among' the several states; restrain commerce com-merce among th several states." As to Secretary Frank Morrison, tho court declared that he had fuU knowledge of all that was being done, took part In the preparation and publication of tho American Federatlonlst of April, 100$, with complete lrnowledgo of Its contents. "With knowledge and approval of tha other writings and speakings hereinbefore hereinbe-fore specified against Gompers. he (Morrison) (Mor-rison) tool: part in th circulation and distribution In large numbers of each and even issue of the Fcderationist containing them, as hereinbefore specified against Gompers and with tho Fame purpose and Intent. Mitchell also Guilty. Concrrr.lng Mitchell, the court pointed io various acts by him, which, ho said, placed him within tho palo of tho law. Ho quoted from Mitchell's book on "Organized "Or-ganized Labor, Lis Problems. Purpose and Idea," certain passages wherein Mitchell declared that it was tho duty of all patriotic pa-triotic and law-abiding ltlsens to resist re-sist or disregard injunctions when th?y forbid the doing of a thing which is lawful law-ful Mitchell was Blso credited with signing" sign-ing" "with fuil knowledge, ths 'urgent appeal' ap-peal' whioh accompanied the twenty-ovan thousand or tnoro circular letters to thft vnr'oui secretaries as heretofore (specified against Gompora and Morrison and with full knowledge of their contents, counselling counsel-ling their distribution, and with the samo purpose and intent." The court also referred to the presence of Mche!l In tho chair on January 25. 100S at tho annual convention of tha United Mine Workers of America. whn i resolution waa adopted placing l hfe Buck Stove and Kange company on tha "continuing! as to all throe of the defendants, de-fendants, tho court said: No Apology Heard. "In defense of the charges now at bar. neither apology nor extenuation is deemed IK lo be embraced; no claim pf unmeant contumacy is heard; persisting In con-"mptuous con-"mptuous violation of the order, no defence de-fence is offered save these: 'That the injunction in-junction (I) infringed the constitutional cuarantv of freedom of tho press, and, (") infringed tho constitutional guaranty of freedom of epeech. "Thee defenses do not 1111 tho measure of the case; the injunction was designed to stay tho general conspiracy of Whlc tho publication of the 'unfair' and 'w don't patronize' lists were but inrWor. f; .tho injunction interferes .with no k-glti- Continucd on Pauo-Two. ' '- ' I COURT DECLARES LABOR LEADERS DELIBERATELY DEFBED THE INJUNCTION1 IContinuod fioru Page One. rnnto rlsht of criticism or comment .Umt law has over sanctioned and the. reFponfl-Inta' reFponfl-Inta' intimation that it (Joes so is a mockery mock-ery and prolcnae." Freedom of the Press. It. reference lo tho freedom of tho press, the court declared that Hie constitution con-stitution nowliero inferred tho right to sne-tk to mint or lo publish. it guaranties." guar-anties." said he. "only that In eo far an Tho federal govcrnmont Is concerned its congress shall not abrldBo It. and Hie subject to Ihe restitution of the so cral states, where it belongs. can be pcrsuafled.'' naked the court conthiu- Ins-, "that the penalising of false and nitt- 1 Idous libels upon tho integrity of ho"or- I able men or slanders upon tho virtue or 1 chaste women. ( is an '"njSev-- I constitutional rujhts" of tho vilUflci. I Tho court Innulrcd if "those of t oG"t- I ful and sincere .-election .escape . the un- I -harmonization claimed lor ,f 0 I ter llcenw. In speech and press nA t o I punishment by law of libels am. tQ I "'Ightthfcourt added, "to .pub- I lish either the llhel or slam let c :an be I sustained, except upon the eon of cSSft lf.c Atd0anraon I r i,is arirument with respect to tho free- I o, S WeTrS. wo uld UBuallj- ho qu to I azreeable to my desire, yet, ho Kiln, I "these suggestions sound the hollowness I of the defense and to essay more might I savor of an inculry Into the coricctncfls I of the injunction ordered by Mr. Justice I Gould, n duty already taken up and. dls- I y.iargcd hy abler hands than mine." I 'Discusses Contention. , I In dismissing from further consideration considera-tion the contention that the injunction invaded the right of free speech and the presy. tho court held; ,,lJo i "The position of tho respondents n-volvc n-volvc questions vital to the VnsanUon of. tocial order, questions which smllo llic foundations of civil government, and iipon which the supremacy of the law over anarchy and riot verily depend . A. ,o controversies to bo determined In trl bu-nals bu-nals formally constituted by the lav. of the land for that purpose or shall each man who falls at odds with another, taKc ills own furious way? Aro causes penu-ing penu-ing In courts to be decided by courts fm litigants, or the view of each Vapored Va-pored litigant imposed upon Ihe fomts? "Are decrees of courts to look for their v-xecutlon. to tho supremacy of aw ot tumble In the wake of unsucccssfu suitors suit-ors who. .overset them nnd lay about tho matter with their own hands in turbulence tur-bulence proportioned to tho frenzj- or their disappointment?' ,i,. in the opinion of the court, even when n tribunal having fallen Into error In the determination of a cause which it wa Invested with Jurisdiction "to hear and -determine." the duty and "fcessU of obedlcnco remained nevertheless the same.- "And," said the court. I place the decision of the matter at bar distinctly dis-tinctly on the proposition that wo the order confessedly erroneous, yet it must have been obeyed (Worden versus Searlcs. V'l U S 10. U ls between tho fluprc-macv fluprc-macv of law over tho rabble, or its prostration pros-tration t under Ihc feet of the disordered lhirn"the case of the defendants the court declared the law'F command had been to "f.tand. hands off. until justice for this matter cuu bo ascertained Supremacy of Law. "Is not the law wide enough and its shield broad enough." adds tho court, to avftrt from annihilation that which its tribunals have taken in hand lor the very hake or decreeing whether it shall not Do .aved? Yet everywhere, all over, within ilts court and out, utter, rampant Insolent Inso-lent defiance is heralded and proclaimed: unrefined Insult, coarse affront, vulgar in-dignifv. in-dignifv. measures the litigants conception concep-tion of the tribunals wherein his cause I still pends." In corfcluslon.' the court said: "Before tho injunction was granted ihcs men announced that neither they nor he American Federation of Labor would obey it; -they havo refused to obey 11 and through tho American Federation of Labor disobedience has been success-Ailly'achleved success-Ailly'achleved and the law has been made to fall: not only has the low failed in its effort to arrest a widespread wrong, nut the Injurv has grown more destructive Hiucc the" injunction than It was before. Defense of Labor. There Is a studied, determined, defiant onflict precipitated in the light of open dav, between the decrees of a tribunal ordained by tho government of the federal fed-eral union, and of the irlhunals of another anoth-er federation, a frown upon tho land. Ono or the other must succumb, for those Who would unlaw the law arc public enemies. ene-mies. , , On the sociological aspect of the situation situa-tion some faith in tho ultimate Tightness of American "men. whether In labor unionn or out, is to be entertained, For I believe-that the habit' of the land saturates sat-urates them with a readiness to abide by authority, as I believe that this very readiness 'to Meld. to authority has undone un-done them before now, through the er-tora er-tora of misguiding leaders, swollen by nlgm'v power. It. is written on the record that "the labor unions and their officers meddle Into a member's dally affairs deeper than does Ihe law. restrict him in matters that the law leaves free: and then so continually rrowd their authority ipou hla attention that, insenalhly ho routes to regard theni as of control In . Ms affairs. The fact that he regards them as authority, leads him to heed them bn-rause bn-rause of his readiness to yield to authority; author-ity; his very respect for authority assumes as-sumes that all authority Is reRpcctablo; and ao upon them he relies, by thein he Is led.- I Deplores Action. . That the universal recognition of (ho desirability- of associations of craftsmen for the ascertainment and advancement of tho welfare, of their kind Is so regarded regard-ed la to Tie much deplored: yet" it is In the history of man that some lessons must lie unlearned; that systems which pro-teed. pro-teed. Jn antagonism to rule, shatter themselves them-selves at length against the resistless ' barrier of .public law. In passing sentence on the defendants, the court said: i "It would seem not Inappropriate for such a penalty as will serve to dr-im-" others from following after such out- lawed examples; will servo physically lo impose obedience even though late; will ;;erve lo vindicate tho orderly power of Judicial tribunals and establish over this litigation the supremacy of law." More than two hours were occupied in reading the opinion. The defendants aat intent . throughout the proceedings. At the conclusion of tho reading Judge Wright, looking directly nt Messrs. Gom-porn. Gom-porn. Mitchell and Morrison, said: 'Have cither of you anything lo pay why Judgment . should not bo pronounced?" pro-nounced?" Gompers Answers Court. President Goinpcra stood up and, addressing ad-dressing tho court, snld: "I am not conscious at any tlmo during dur-ing my Hfo of having, violated any law of the country or of tho statu In which I lived. I would not consciously vlolato u. law at any time during my full life. It Ik not possible that under the clrcum-stancoH clrcum-stancoH which I am before your honor this morning and after listening to tho opinion you have rendered to sny .that which I have in mind. but. sir, I may be porntltted to say this: That freedom of spccclt nnd freedom of the press haa not boon granted to tho people to say tho things which please; but the right to 6ay tins things that displease even though they do a wrong. "This la a struggle of tho working people peo-ple of our country, and it is a ctrugglo of the working people for right. Tho labor movement docs not undertake to presume to bo a higher tribunal than olther tho courts or tho other branches of the government of our country It Is a struggle of the agos a struggle of the men of labor lo throw off some of the burdens which have beon heaped upon thorn; to abolish some of the wrongs and to secure sonic of tho rights too long denied. de-nied. If men must suffer because thoy daro speak for tho masses of the men of our country; If a man must suffer be-cnusc be-cnusc they have raised him to meet tho sordid greed even to. grind tho children In the dust to get tho dollars thoy must bear the consequences willing to xiu;u jruiiivivy. "But." continued Mr.' Gompcrs; "If I cannot discuss grave problems; great issues is-sues in which the people all over our country are Interested If a speech made bv mc during a political campaign, ufter the close of this case, if tho speeches In furtherance of a great principle or a great right aro to be held against mc. 1 shall not only have to, but am willing to bear the consequences. I would not have you bolleve tno a man of a defiant character In disposition or In conduct. But in the pursuit of honest conviction and In tho furtherance ot the common interests in-terests of my fellowmon. I shall nu, only liavo to, hut bo willing to submit to whatever your honor may Impose." Mr. Mitchell followed in a strong, resonant res-onant voice: "I thoroughly and unreservedly lndorso what Mr." Gompers ha.s said. I would like his expression to be accepted as my own." Mr. Morrison spoko lasL "I indorse, said lie. "what Mr. Gompers has said. I am conscious of doing no wrong or having hav-ing in any way violated any law, and It Is mv bellof that in "nvcry act I have committed 1 have but exercised my rights under tho constitution and t o laws of this land." In commenting upon these remarks, tho court said that thoro was nothing in thorn which would cause lilni to change tho conclusion that, he had reached. In fact, declared Judgb "Wright, they but emphasized tho attitude of the defendants defend-ants which ho had pointed out. President May Pardon. Whether President Roosevelt will tako any action, as ho has been urged to do in telegrams received from dllicrcnl labor la-bor organlzallonH throughout the coun-trv coun-trv In connection with Judge "Wrights decision, has not yet been decided, it was stated at tho White House. It was explained that the president has not read tho decision and, therefore, cannot say If ho will take any action. There was an Intimation, however, that some action might bo taken If the president nhpulcl ho convinced that tho sentence isrunjuBt. The labor organizations urge the president pres-ident to prevent the incarceration ot the labor -leaders. Tho Illinois United Mlno Workcrsjscnt this telegram-. "In the name of 75.000 mine workers In Illinois, wc desiro to protesL against the recent decision committing to penal servitude servi-tude tJtoso groat commoners and representatives repre-sentatives of tho American labor movement. move-ment. They may bo guilty of a breach of law, but a law that denies tho use of-a of-a frco press nnd free speech in a breach of tho fundamental principles or" our country. Such decisions only tend to create enmity and class hatred. Wo respectfully re-spectfully solicit your Inlluonco to prevent pre-vent tho Incarceration of tlmsc men.