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The Commoner.
WILLIAM J. BRYAN, EDITOR AND PROPRIETOR
VOL, 8, NO. 51
-"r4
Lincoln, Nebraska, January 1, vmg
Whole Number 415
CONTENTS
SAMUEL GOMPERS IN CONTEMPT?
THE DOCTRINE OP MONARCHY
TAINTED EDITORIALS
EX-SECRETARY SHAW ALARMED
GARY OR POWDERLY!
PLAYING WITH FIRE
ANDREW CARNEGIE ON THE WITNESS
STAND
MARTIN'S REPLY TO ROOSEVELT
SOLVING THE MYSTERY
COMMENT ON CURRENT TOPICS
HOME DEPARTMENT
WHETHER COMMON OR NOT
NEWS OF THE WEEK
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THE WINDOW-WISIIERS
Window wishers, window wishers, everywhere
we go:
In front "of .every shop and store they're 'stand- l
ing in a row: - . .-.:
Some are old and some are young; sober ones
'arid' gay ,,j"' " - '--v'.'.'',?J-t3sMssj-
Drifting in a wishing dream as every, rifortal ,
Mothers with their hearts of love are gazing at
the toys. l A . i y ' ,
w,sh !e sit3 10 B,aa"their reioaBWabio-ji&-aozihH -hAwi
Women, jvomen, everywhere sweethearts, sis
ters, wives
Wishing for the joys' they know wduld lift their
patient lives.
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TO EVERYONE, EVERYWHERE--AND FOREVER 'I
Oh that every empty hand might have its fill
of gold,
And every gift the wishers ask he theirs to have
and hold,
And wreathed with every happy dream an- an
swer should he blent
Till all the hungry hearts might breathe the
blessed word "content."
'Tis good the hapless ones of earth who feel
Dame Fortune's frown,
May yet a-window-'wishing go through all the
streets in town;
For earth still holds its meed of gold, despite
its dark alloy,
So long as we may dream of things to fill the
heart with joy.
And life's a window wishing play since all our
fleeting years
We're gazing at the "great beyond," and wish
ing through our tears;
But "over there" each thirsting rose is kissed
with blissful dew,
And every wish will be fulfilled and all our
dreams come true.
Nixon Waterman.
SAMUEL GOMPERS IN CONTEMPT?
THEY KNOW
An American writing from Cavite, Philip
pine Islands, reports the following vote among
the blue jackets on the Rainbow and the Wil
mington: On the Rainbow the vote stood
Bryan, 131; Taft, 31; Debs, 8; Chaffln, 5; His
gen, 2. On the Wilmington the vote stood
Brya-n, 24; Chaffln, 22; Debs, 12; Taft, 4; His
gen, 1; Watson, 1. The soldiers and sailors
who have visited the Philippine Islands are
able to appreciate the democratic position on
Imperialism".
The fining of Gompers, Mitchell and Mor
rison by Justice Wright, of the District of Co
lumbia, is likely to focus attention upon the
subject of injunctions as nothing else could do.
This is really a controversy between a largo
corporation and its employes, and the writ of in
junction Is being used to assist the corporation
in its contest against those who were employed
by it. In order to further Its cause and to
obtain an advantage against the workmen, the
stove company secured an injunction restrain
ing the American Federationlst (the official
organ of the Federation of Labor) "or any other
printed or written newspaper, magazine, circu
lar, letter or other document or instrument
whatever," from referring to the complainant,
its business or its business product In the "we
don't patronize" or "unfair" list, etc.
Mr. Gompers, Mr. Mitchell and Mr. Mor
rison were accused of violating this injunction
and sentenced to imprisonment; the case is be
ing appealed to the higher courts, and full dis
cussion of the principles Involved will be de
layed until final decision. However, as the cor
poration papers are loudly condemning Mr.
Gompers and his associates and Insisting that
they ought to have obeyed the restraining order
whether constitutional or not, it Is worth while
to present the side of the defendants. The re
straining order was believed by Mr. Gompers,
Mr. Mitchell and Mr. Morrison' to be an unconsti
tutional interference with the right of free
speech, and a court decree which violates the
constitution is null and void just as an unconsti
tutional statute is null and void. Now, how could
the unconstitutionality of this decree be tested?
Two ways were .open. Tie defendants could
have obeyed it and contested it at the time of
the hearing, taking an appeal In case of an
adverse decision, but this course would havo
loft the stove company in possession of the
field; it would havo tfivon it the advantage pend
ing the litigation, and with this advantage, the
corporation might have won its fight against
the employes before a final decision couJdiiave
been obtained. It might have dismissed "it
suit, after winning its contest, and left the de
fendants without even the advantage of a final
decision sustaining their position.
There was another method of testing the
injunction, and this they adopted. They con
demned the decree as unconstitutional and pro
tested against such interference with the free
dom of speech and the freedom of the press.
They denied doing the things specifically en
joined, but that question Is not so material as
the question whether they had a right to test
the constitutionality of the order by disobedience
to it. Let the case be stated as favorably as
possible for the stove company; let it be as
sumed that Mr. Gompers, Mr. Mitchell and Mr.
Morrison deliberately disobeyed the order Issued
by the judge on the ground that it violated tho
constitutional guarantees which surround free
dom of speech and freedom of the press. Are
these men to be condemned for thus testing the
question by disobedience?
Judge Parker, their counsel, calls attention
to the effort that is being made to invest a judi
cial decree with a nacredness superior to that
which surrounds a' statute, and he Is perfectly
right in Insisting that a statute enacted by a
legislature and approved by an executive officer
is entitled to as much respect as an order issued
by a judge; And yet nearly every statute which
is passed is tested by disobedience, and where
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