Show COURT AGAIN f TURNS DOWN U LABOR t District Appeals Court Affirms Affirms Af Af- f I firms Decision Sentencing v Gompers to Jail I WASHINGTON Nov So or 2 di dig dig- net court of oC appeals today affirmed 0 r vibe he d decision of uC the court of the he District of Columbia adjudging i Jr- Jr President Samuel Secretary rf Frank Morrison orrieon r anal ami Vice President n t John Mitch Mitchell of tho American American- tion of Labor guilty of contempt of court in the Duck stove stoc a and 11 1 range lane oase a w Chief Justice rustico Sheppard dissented from irom the opinion opinio of the court on con con- grounds r V j The rho court held that the fundamental I i 1 i issue Hs was whether the thc executive x ht e a eu V of or go government lo eminent should hould be obeyed J in ti lIl defied The mere fact that the tho dc- dc e. e J r ij- ij fondants s were the pf pi organized cd r. r iu ju America said tho court lent fi importance to the cau cause and ad added ed gravity ra il to the situation but it should fj not b be permitted to influence tho the ret ree re re- I e It 1 t en f f If f If an nn of citizens however how bow 0 ever er Jarg r the court held beld may may di dis- dis 1 uhf d th tho thu j mandates of tho tho court the J tamo amo would render them t V. V to individual defiance l ance Both arc are to the law Jaw neither is is above it If a a. a citizen though b ho may h hon hon- n- n believe c lii his Ius n rights have havo b boon cn n in- in tn in- ade elect when and to what may maj elect c extent he lIe will obey the tho mandates of c tho Ito court and tho of the law aw as interpreted by the court in- in n r toad of pursuing tin the orderly course courso of appeal not only tho ho courts but government gov gov- 0 itself would become powerless power po less es and society would bo reduced to toi a 1 i state tato of anarchy rho Tho action of the R supreme court of 0 1 tho District of Columbia in sentencing Gompers Mitchell an and Morrison to tot t twelve nine nin and six months' months iu in jail respectively el was tho the result of tho fa failure of these three defendants t ti I. o oh tho order of the Iho directing di t them iem to 0 desist from placing the thC Buck Bucl tovo o and aud Ran Range o nut com l h 1 of St. St Louis on their unfair list t in the Hie ro of ot I their heir bo boy boy- oft fott n against the corporation While t the hc name of Iho tho ho corporation was si-as removed remo from tho unfair li list t of the federation Mc rs Gompers and Mitchell continued to keep alivo alive the boycott cott t b by frequent reference to it in inthe inthe n the tho the official or organ an of the Iho federation Why Mitchell Is Involved Mr Ir Mitchell was t involved in the tho trouble trou ble b by on of his membership on the tho board of tho the federation and j hc because it wa was waH alleged he lie mado no effort ef ef- t 7 fort to prevent the Iho adoption of a g f lion tion at the convention of of tho the United Mino Workers off nf America a in In to h tho Buck Move and Range o company compan The purpose of time the il it was aid haid TV t a was as to cause causo a decline iu in the tho busi busi- ness uess of the stove and range company of CO GO o per cent I The boycott placed by tho federation against the tho products of tho the Buck company com corn pany ve grow grew out of a t fight made by the tho metal polishers polishers' union and supported b by bytho tho time federation for fol an ci eight hl in instead ten of nine hour da day dar This was resisted b by the tho I stove company compan and the t r r. r published the name DalUe of the tho Buck Duck Stove StO J and Range company compan under the caption t of tl Wo We Wo Dont Don't Patronize The Tho proceedings t the tho officers 4 1 1 of time the labor union cro begun Au August ri rr n. n 1 1907 Oi by the stove and range com coin Ii vany After a comprehensive hearing bearing Justice Tu tice Gould of the supreme court of tho District of Colombia Columbia issued a ton tem injunction restraining the defendants de do- fondants from prosecuting a l boycott on time the business and products of time tile Buck Duek company Later this injunction was ma made e permanent On the tho appeal of ol the tho case casc to the court of app appeals als of tho time District Distrct of C Columbia lumbia Alton B. B Parker pf pi Now York II us 15 one of the tho counsel for the time Federation of or Labor LaLor Persisted in ourse References to time the Buck Stove o and antI Range company continued to appear in f the tho and in speeches and V writings of the defendants antt and tho the thoi i t. t company had hd Mitchell aud f cited to appear an and show cause wh why the they should not bo Le punished for contempt of court t. t Mr Gompers had openly intimated that he would not be Lo bound Lound hy by y the time terms of the time injunction After the tho nearing hearing in in the tho contempt proceedings Justice rustico Wright bt of the supreme court of th the thu district found the time defendants t Lad had been becu guilty of wilfully disobeying tho time anti and e them to imprisonment iu in tho the district jail In hi announcing tho the decision Justice Wright declared that the time defendants had bad bad intimidated browbeaten and coerced co co- co creed tho time patrons patroni of ot the stove aud and range company until it hind had suffered buffered severe loss JOBS d Pending an appeal time the three defendants defend defend- v nuts ants were allowed to g give go o bail Lail for or their r 1 r reappearance i Last Lust March larch time tho court of appeals modified the tho decree granted bv by the tho supreme court of the District of f Columbia Co Co- Co lumbia by bv adding uddin to the injunction tho the word 1 in in furtherance of oC said boy boy- cott cotto Decree Is Modified The rho modification was as looked upon by Ly attorneys for the defendants as aH materia materially mate- mate ria affecting irr tin the tho proceedings for con eon tempt They Thoy that bad had those words appeared in ill in the original injunction injune tion the contempt proceedings never nover could have o been decided 3 against theta them When tho the de decision ision W was g rendered neither tim tho labor leaders loaders nor or their I counsel were present A As forC foretasted forecasted r l v Mr IT Gompers in u a recent is issue of an attempt Avill be made to appeal tho case caiO to tho the United States supreme court Tho The right of appeal however Io is a matter 0 or of controversy Some Sonic attorneys hold lold that as this decision cc ion finds 19 the contempt to have bavo been a criminal offense of or lease the court of or appeals would have ha havethe the last ast fa say tay in the tho mutt matter r. r as it has lU of all un criminal eases cases in in the tile District of Columbia Others however hOt contend contend con con- tend that aa as tho constitutional right of or free freo speech and liberty Hbert of tho the pre press a s sis is Ss involved the tho labor h leaders may mav pros pros- c cuto uto an appeal i No action will wm bo be tak taken n towards the thet t i arrest of the men until the tho matter of oC m the thu appeal has been determined Chief Justice Sheppard in his bis dissenting dissenting dissent dissent- ing opinion held to io the tho view vw that the tho thoI I should be rc cr reversed pd because he h was ras as convinced con the tho lower lot court was without authority t to make malto the tho only ori or- or i which the defendants could bo be said Eaid L r to havo have di disobeyed Time The chief justice sa says sas s Sheppard Dissents As s 8 regards ards the conclusion that this thi proceeding must be regarded as 38 onto onto- inal IDal tol l an and iu iii con consequence that the evidence on ou which the tho conviction- conviction rests can be considered because not presented in in a n bill of exceptions reserved on hearing I will t content m myself with that convinced inc d saying I am ama not clearly that it must bo ie so le regarded If I I I have havo heretofore expressed tho time opinion that much of tho the injunction order or or- der was null and void oi because opposed to 0 the constitutional provit provision iou concerning concern concern- ing fr freedom of speech an and of the Iho press Subsequent reflection has confirmed this view el I I concede that the court had bad jurisdiction juris diction of the tho subject matter of tho the con con- tro and of tho timo parties but hut 1 I cannot cannot can ran not agree that the decree was rendered in accordance wit with b the power of tho the court court court-a a a. power limited b by express provision provision pro pro- vision ision of time tho constitution Frank Morrison orrison tho time only ony ono one of tho the defendants now in Washington while whilo disappointed over oer tho the adverse decision of tho the court declared ho lie found consolation in t the bo dissenting opinion of the tho ho chief chiei justice President I is s in New York |