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JANUARY 1, 1909
disregard injunctions when they forbid the do
ing of a thing which is lawful. Mitchell also
was credited with signing "with full knowledge
of the urgent appeal which accompanied the
twenty-seven thousand or more circular letters
to the various secretaries as heretofore specified
against Gompers and Morrison and with full
knowledge of their contents, counselling their
distribution and with the same purpose and
intent."
MITCHELL DIRECTLY RESPONSIBLE
The court also referred to the presence of
Mitchell in the chair on January 25, 1908, at
the annual convention of the United Mine Work
ers of America, when a resolution was adopted
placing the Buck Stove and Range company on
the "unfair list."
Continuing as to all three of the defendants,
the court said:
"In defense of the charges now at bar,
neither apology nor extenuation is deemed fit to
be embraced; no claim of unmeant contumacy
is heard; persisting in contemptuous violation of
the order, no defense is offered save these:
"That the injunction (1) infringed the con
stitutional guaranty of freedom of the press,
and (2) infringed the constitutional guarantee
of freedom of speech."
The defense do not fill the measure of the
case; the injunction was designed to stay the
general conspiracy of which tho publication of
the "unfair" and "we don't patronize" lists were
but incidents; the injunction interferes with no
legitimate rights of criticism or comment that
law has ever sanctioned and the respondents'
intimation that it does so is a mockery and pre
tense." In reference to the freedom of the press,
the court declared that the constitution nowhere
conferred the right to speak, to print or to pub
lish. "It guarantees," said he, "only that inso
far as the federal government is concerned its
congress shall not abridge it and leaves the sub
ject to the regulation of the several states,
where it belongs. Who can. be persuaded,"
asked the cburt, continuing, "that the publish
ing of false .and malicious libels upon the in
teeritv of honoreiblfl men or slander imnn tho'
"Virtuo Vf nliftnto wnmp.n r tin nnf.rncf imnn. 'tho
' constitutional rights' of the villifler?" '
CAN'T SAY WHAT YOU WANT TO
The court inquired if "those of thoughtful
and sincere reflection escape the unharmoniza-
, tion claimed for a right of utter license in speech
and press and the punishment by law of libels
and the mulcting of slanders. No 'right " the
; .court added, "to publish either the libel or
jyHije Slander can be sustained, except upon tho'
1 ''tJa.eory of a 'right' to do 'wrong.' "
Tne court declared tnat an elaboration of '
his argument with respect to the freedom of the
press "would usually be quite agreeable to my
desire," yet, he said, "these suggestions sound
the hollowness of the defense and to essay more
might savor of an inquiry Into the correctness
of the injunction 'ordered by Mr. Justice Gould,
a duty already taken up and discharged by abler
hands than mine."
In dismissing from further consideration
the contention that the Injunction invaded the
right of free speech -and of the press, the court
held:
"The position of the respondents involves
questions vital to the preservation of social or
der, questions which smite tho foundations of
civil government, and upon which the supre
macy of the law over anarchy and riot verily
depend. Are controversies to be determined In
tribunals formally constituted by the law of the
land for that purpose, or shall each who falls at
odds with another take his own furious way?
Are causes pending in courts to be decided by
courts for litigants; or the view of each distem
pered litigant imposed upon the courts?
SHOULD UPHOLD ERRONEOUS HOLDING
"Are decree's of courts to look for their
execution to the supremacy of law or tumble in
the wake of unsuccessful suitors who overstep
them and lay about the matter with their own
hands in turbulence proportioned to the-frenzy
of their disappointment?"
In the opinion of the court, even when a
tribunal had fallen into error In the determina
tion of a cause which it was invested with juris
diction "to hear and determine" the duty and
necessity of obedience remained, nevertheless,
the same. "And," said the court, "it places the
decision of the matter at bar distinctly on the
proposition that were the order confessedly er
roneous yet it must have been obeyed (Worden
vs. Searles, 121, U. S. 14.) It is between the
v 7,
'
The Commoner.
supremacy of law over the rabble, or its pros
tration under the feet of tho disordered throng
In conclusion the court said:
r "Before the injunction was granted those
men announced that neither they nor the Ameri
can Federation of Labor would obey it; they
have refused to obey it; and through the Amer
ican deration of Labor disobedience has boon
successfully achieved and the law has been
made to fail; not only has the law failed in its
effort to arrest a widespread wrong, but the in
jury has grown more destructive since the in
junction than It was before. There is a studied,
determined, defiant conflict precipitated in the
light of open day, between the decrees of a
tribunal ordained by the government of tho fed
eral union, and of the tribunal pf another fed
eration, grown upon the land; ono or the other
must succumb, for those who would unlaw the
law are public enemies.
"It is written in the record that the labor
union and its officers meddle into a member's
daily affairs deeper than does tho law; restrict
him in matters that tho law leaves him free."
In passing sentence on the defendants the
court said:
"It would seem not inappropriate for such
a penalty as will serve to deter others from
following after such outlawed examples; will
serve physically to impose obedience oven though
late; will serve to vindicate the orderly power
of judicial tribunals and establish over this liti
gation the supremacy of law."
CORPORATION COUNSEL IS SATISFIED
Philadelphia, Pa., December 23. James M.
Beck, of New York, counsel for tho Buck Stove
company, and who made the closing argument
for the company, in commenting on the case
said:
"This case ought to be the death-knell of
the boycott. If so, it is the most Important de
cision in a labor controversy since tho Debs case
of 189G, from which it only 'differs In -the fact
that In the Debs case physical violence was
used to paralyze interstate traffic. In the Buck
. Stove case the insidious and far more danger
ous method of a boycott was emplQyed."
William J. Bryan was much Interested in
today's labor contempt decision. Because of the
prominence he gave to the court injunction jssue
, In, the late presidential campaign an interview
"with him on today's decision was sought. Mr.
Bryan said:
"It Is not my policy to criticise either fed
eral courts or their action. The commitment
to prison of two men so prominent in the labor
movement as Gompers and Mitchell is unique
in the annals of labor movements in this coun
try. Until I have read the court's opinion and
considered the matter carefully I can have noth
1 Ing to say regatdlng the case. Criticising a
court is far too serious a matter to be resorted
to when the basis of the criticism would bo a
mere construction."
Morrison and Mitchell would not talk for
publication. Gompers was asked If the sentence
was a surprise to him, and he replied:
"A surprise! Indeed It was."
"But all I can think of to say at present
has already been said. When I spoke to the
judge I expressed all that I could properly at
this time.
"I wish, though, that I had said some
thing about the extracts from tho political
speeches which he quoted in his opinion. They
were speeches made after the evidence in tho
trial was taken and were not in any way
brought into tho evidence."
CHRIST AND POLITICAL ECONOMY
Oliver McKnlght writes to the Philadelphia
North American to say:
"The Rev. E. B. Sanford, secretary of the
Federal Council of the Church of Christ in
America, is reported to have said: 'All of tho
bodies making up the great fellowship of 18,
000,000 adult persons look to the Christ as
the way, the truth and the life.' I should think
if we have 18,000,000 adults who are really
anxious to live lives founded on the example
and death of Jesus, the end of vice, crime and
swollen fortunes is at hand. A few years ago
a certain minister won great prominence by ad
vocating bringing into everyday affairs the pre
cepts of Jesus. I do not know how he succeed
ed, but let us hope he failed financially, as it
would never do to advertise the fact in this
self-seeking age that 'there is money in it.'
Prom the advent of Jesus In the manger at
Bethlehem until His triumphant death on Cal
vary Hill, where three people remained to do
Him homage, It was one long fight against the
established order of things',' both of church and
state. This bolng po, if wo wish to follow Ufa
hS!"? ' n 8llc!u,d ,rondor t0 Caoftr o things
nrn P.V0"0?.8 Unt Gotl th UlInE8 that
aro bod s. It 1H in no irrevoront spirit that I
Un,JT? ,?no f lh, 18'M00 adult Chris
ni S. ll0,W J?0 ndvlco of tno minister aforo-m.n-'n
thcniHolvcs, boforo (lccI(HnK
... ..., .uhbwhr, uuriiiom or political. 'What v
;, tJBll Let thorn ask themselves,
ould Jesus be a free trader or a protection
ist? A monopolist or anti-monopollat? Would
Ills deairo for 'world power' be backed up by
m.n?eW?v ,1)IllltIrrnH of wttinhlpB or mnchlno
guns? Would Ho advise tho taxation of tho
products of Industry, while tho values created
by tho community go into tho pockets of tho
holders of tho bounties of naturo? Tho object
desired by the council is prnlsoworthy, but It Is
or vastly moro Importance how tho Christian
people answer tho questions I have propounded."
ot & v't
LAW OF CONSTITUTIONS
Professor Stlmson, of Harvard University,
has Just lBsuod a book entitled "Tho Law of
Federal and State Constitutions In tho United
States with an historical study of their prin
ciples, a chronological (aula of English social
legislation and a comparative digest of tho con
stitutions of tho forty-six suites. This Is a vory
valuable book to all students of government
nrwl in nil urlin nn tAl ,....... .i i itii.
...... v .... .. 1V iittuiuHLuu in poimcai qucfl- r?
uuus. rno scope or Prof. Stlmson's book may
bo Judged from tho following table of. con
tents: Origin and Growth of Ainorican Consti
tutions; tho Right to Lav; tho Right df Lib
erty; Chancery and tho Injunction Ordor; tho
Right to Labor and Trade; the night to Prop
erty; . Othor Constitutional Itglits; Rights of
Government; Government Organization; Federal
and Stato Powers; and the State Constitutions.
The book also describes the right of trial by
jury, tho writ of habeas corpus, political rights,
tho division of national and stato powers and
a comparison of tho provision of tho various
constitutions on' important questions.
The book Is published by the Boston- Book
company, of Boston, Mass.
A COMMON INTEREST
Some of tho enemies of tho guaranteed de
posits plan have circulated a story that Mr.
Bryan seeks to pobo as a dictator toward tho
Nebraska legislature soon to meet at Lincoln.
Mr. Bryan has but a common Interest in the
proceedings of this legislature. As a democrat
and a citizen he is anxious that tho pledgca-mado
to tho people be fulfilled. The statement 'given
to a reporter for the Lincoln (Neb.) Star covers
tho situation:
"I have only ono interest in tho lcgialaturo
and that is to see every pledge of our platform
carried out and this applies to tho pledges made
in our stato platform and to such pledges in
our national platform as can bo carried out by
tho stato legislature. I need hardly add that
I shall take no part .in contests for the offlcca in
tho legislature or tho offices to be filled by tho
governor. My ono interest Is to bqq tho pledges
kent. This I'm interested in because, platform
pledges" aro a contract made with tho voter ahd, .
also because I believe that the keeping of such 'i1
promises is necessary if tho democratic party Is
to maintain its position In this state."
O t5 Kf tr
GARY OR POWDERLY?
A Brooklyn working man writes to the New
York- World to say:
"Yesterday you published the result of a
visit by Judge Gary and friends to the Bowery
Mission bread line, saying that all or nearly all
of tho unfortunates there In line wero worthy
of tho charity. Just three days earlier you pub
lished the results of a visit by Commissioner
Powderly In black headlines that the 'bread lino
was composed of bums.' It can not bo possible
for both these reports to be true. Whom shall
we believe? Judge Gary Is well known to most
of your readers, but who Is Powderly? Is ho
tho man who was once a worklngman himself,
hailing from a machine shop at Scranton, later
a labor agitator, still later head of tho Knights
of Labor, and who today holds a lucrative po
litical job at tho hands of tho late Senator
Quay? If these men are worthy they should
not bo classified as bums."
A snow-white stork, captured in the White
River swamps of Indiana, will be sent to Presi
dent Roosevelt, -who may take a notion to for
ward it to Cincinnati. Manchester Union.
n