| Show I TOP OF APPEALS REDUCES SENTENCES OF I Gompers lS l'S to o B Bej Imprisoned d 30 D Days Mitchell Days Mitchell and Morrison Morrison Mor- Mor rison risen Fined CHIEF CHIEF- JUSTICE DISSENTS Majority Affirms for Conviction ii for Contempt but Holds Judgment Judgment Judg Judg- ment Too Severe everel V 1 WASHINGTON 1 sn May Ia 5 Contempt 5 of or vy VV court judgments against aln t Samuel John Mitchell litch and ond Frank Franl Morrison on labor leaders for their thell violation viola viola- tion 1011 of oC a a. courts court's injunction in the tho noted Ducks Bucks stove C and range rans-o case wore were affirmed af af- af- af firmed toda today b by the district court of ot appeals but the jail JaU sentences imposed were hold held to be too severe se so 80 the tho court COUt reduced Gompers's sentence from rom one year ear to thirty days dars and decreed that Mitchell and Morrison merely merol should bo be fined OO each The lower lower lower- court son son- Mitchell to nine months and Morrison to 0 six The Thc supreme ie court of the thc United States Slates undoubtedly will willbe willbe be asked ag again ln to review tho the decision Unlike previous decisions in this case wl which ch have havo hao been een unanimously against the tile labor lea leaders cr tho the court of at appeals was was i dl divided 1 Justice Sheppard Shoppard dissented dissent dissent- ed Cl and hold lohl that tho tIle whole decision should be l Reversed e that contempt of ot a 1 federal was a criminal offense and that the statute of limitation had run in the case rase Chief JutI 11 Mitchell Justice Van yan who concurred in inthe tho the majority opinion hel held that tIme the re refusal ro- ro fusai of or Mitchell to a assure suro the tho lower court of his intention to tv obe obey tho mandate man man- courts r In lu the future unto date of ot s' s was important in measuring the tile intent and temper of the respondents With that the l dissenting l chief Justice disagreed disa disa- greed el saying IllS hi lilt hl oI opinion l 1 am sill unable unable- to see seu how ho the refusal to apologize for tor an act aCt the commis- commis IOl of ot which has been e expressly donled do- do shows 13 a reprehensible Intent or I temper tempel On the contrary It seems to tome Ime me the lie natural cOI conduct duct of ot a a. self self- re respecting man mall Having sworn Having sorn that he lie neither be bc disc ed cd nor nOI Intended to disobey disobey diso diso- b bey the mandate of the he court a slon sion that ho had dono ilOilO so 80 would bo ho a solemn admission n of the tile commission of oC of I wilful perjury J Chief Incur The Tho majority decision was largely devoted to tu 5 setting out why the origInal original inal sentences were cre held unreasonable It said No o one cin can read lead this record without without with with- out being convinced cou that respondent Gompers has b been en the lie factor In Inthis Inthis this tills contempt hence a n. more severe punishment is merited in Iii his hIM case than thanin in III the ca cases e of or the tue other respondents On a previous lous nr appeal J eal to th the supreme court the judgment was wag effectually dismissed dismissed dis dis- missed and tho ho contempt proceedings proceedings' were wore brought nil all o over oCr r again again- In III the previous action tho decision dc of the court belo v h holding thomen in cont contempt con COIl t tempt was unanimous The Thc dl dissenting opinion of oC the chief Justice today probably abl ably will nt one avenue of 01 fu further thor appeal aPP Irue I. I I The rue case has has' be ben been n a hard fought ono one I I alJ and attracted wido attention because of oC tho the prominence ne of oe Iho th men inca Involved d. d The Tho lIt w was u allotted cd to to have hao been th publication of ot the name namo of the Ducks bucks Stove StO n Range n o company in iii a it so called HI boycott list 11 Mu 1 the American Amen Amer leap lean li Federation ln on of oC magI mugI mug mug- I after It 11 been forbidden b by bythe the c court url f |
