-ompers Mitchdi and
aon Convicted of ConteAipt.
THE JUDGE SCORES UNION MEN.
Declares They Have Openly DiAe4
The oourts.-Gompers Says .J
Has Only Been righting the Bat
tles of the Working Man-+-Unlog
Men in Several Citiss Protest.
Washington, SpeciAl. - Twelve
.nonths in jail for Samuel Gompers,
?resident, nine months for John
ifitchell, one of the vice presidents,
md six months for Frank Morrison,
-ecretary, all of the American Fed
iration of Labor, was the sentence
mpoted by Justice Wright, o4 the
supreme Court of the District of Co
umbia, for contempt of Court in
eiolating an order previously issued
enjoining them from placing on the
"4 unfair'' or "we don't patronize''
Siut the Buck: Stove and Range Co.,
of St. Louis, Mo.
All three of the defendants were in
court. Notice of an appeal to the
Court of Appeals, of the District of
Columbia, at once was fiiled, Gom
pers being released on $5,000 bond,
Mitchell on $4,000, and Morrison on
With tears coursing down his own
cheeks, President Gompers heard the
order of the Court which condemned
him to prison for a year. Both Mitch
ell and Morrison seemed stunned by
appeared to be least concerned.
Asked if he had anything to say
why sentence should not be pronoun
ced, President Gompers declared that
he had not consciously violated any
law. There was much he would like
to say, he said, but he could not do
it at that time. He added, however,
that ''this is a struggle of the work
ing people of our cou-ntry, and it is
a struggle of the working people for.
right. It is a struggle of the ages
a struggle of the men of labor to
throw off some of the burdens which
have been heaped upon them; to abol
i-li some of the wrongs and to secure
some of the rights too long denied."
Mitchell and Morrison conflend
themselves to an endorsement of
what Mr. Gomprs had said.
A Seatching Arraingumnet.
The decision of Justice Wright,
which consumed two hours and twen
ty minutes in reading was one of the
most scathing arraignments that
sver came from the bench in this
fity. He recited the conditions an
;eceding the injunction and referred
:o the fact that for twenty-five years
he Bucks plant had been oprated as
ten-hour shop and always- had
naintained an "'open shop.'' Tht
.ourt read extracts from numberi b'f
esolutions of labor organizations
oaring on the Bucks case as tending
o show the methods of influencing
aembers of unions, ''and these
iethioda ,'' the Court remarked,
'seemed to be known as persua
ion.''' The customers of he Stove
'ompixny, the Court said, -had been
itimidated, brow-beaten and coercede
ut of their business relations with
xeir customers ''by direct iterfer
ice with and boycoft of their (the
istomiera) trade relations with their
en customers and the public gener
ly. '' Following an exhaustive dis
ission in restraint of trade. Justice
''From the foregoing it ought to
em apparent to thoughtful men
~at the defendants to ?he bill, each
* d all of them, have combined to
'ther for the purpose of
''1. Bringing about the breach of
aintiff's existing contracts with
''2. Depriving plaintiff of prop
ty (the v'alue of the good will of
o business) without due process of
''3. Restraining trade among the
w veral States.
''4. Restraining commerce among
th 'several States.
The ultimate purpose of the de
feudants, the Court said, in this con
neetion was unlawful, their concert
project an offence against the
1 y and, it a.dded, they were guilty
Coming- to the question of viola
n of the Court's injunction Jus
a Wrigjat said:
of the Injtinction.
Th ~ n(rt~~ d others had, in
ane~ of th&Wunction, determin
Kto vilste -it if issued, and had in
ance. of the injunction counselled
Smembefs of labor unions and of
'tAmerican Federation of Labor,
the public gener'ally to violate it
K e ase it should be issued, appears
a i the following which references
n"it out also the general p lan and
1mie Intitual understanding.of, the va
The Court here read a mass of ex
*.ta from representaties of pro
ud ixg,of Oonventidans of tht 'edera,
tien, *eports of Pro ident /G grs;
. -W -6.M I
r,Pir4; generally in support h1d
'states 1, that there wak a P
terminat to violate." The art
after 6poting at grtat' length a
kitude -taken by . Mr. Gompers si06
the' injunction was issued, his. wrie.
lu-g, interviews ond the- public ad
dresses, remarked: 'All of which
was done, alf of which *as published,
all of which was circulated in wil
ful- disobedience and deliberate vio
lation of the injunction', lind for the
pirpose of Iitiing and- Weeomplits
.ng the violation generally and in
pursuance of the original common
design of himself and confederates,
to bring about the breach of plain
tiff's existing contracts with others;
deprive plaintiff of property (the
good will of its business) without
due process of law; restrain trilde
among. the several States; restrain
commereca,mong the several States."
As to Secretary Frank Morrison
Court declared 'that he had full
knowledge of all that was being
dont, vok part in the preparation
and publication of the American
Federationist of April, 1908, with
complete knowledge of its contents.
Concerning Kitchell the Court.
pointed to various acts which, he
said. placed him within the pale of
Vital Questions Involved.
Continuing as to all three of the
defendants the Court said:
"In defence 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 defence is
offered save these:
"That the injunction (1) infring
ed the coustituional guaranty of
freedom of the press and (2) in
fringed the constitutional guaranty
of freedom of speech."
In connection with the considera
tion of the contention that the in
junction invaded the right of free
spece and of the press the Court held
"The position of the respondents
involves questions vital to the preser
vation of scoial order, questions
which smite the foundations of civil
goveynment, and upon which the su
pemacy of the law over anarchy Aaa
riot verily depend."
In the opinion of. the .Court even
where a tribnnal had fallen int. er
r6r in the determination of a z"-w e
which was invested with jurisdi&
tion to "hear .and determine," the
duty and neessity of obedience re
mained nevertheless the same.
The Law Rendered Null.
"Before the injunction was grant
ed these men announced that. neither
they nor the American Federation of
Labor would obey it'; since issued
they have ref 'sed to obey it;.id'
through...Ihe' Ainerican Federation of'
Labor disoledenee has been success
fully' achieved, and the law has been.
made to fail; not only ha's the law
failed in is efforts to arrest a wide
spread wrong, but . the injury has
grown more destructive since the in
junction than it was before. There
is a studied, determined defiant con
flict precipitated in the light of open
day between the decrees of a tribu
nal ordained by the Government of
th'e Federal Union and the tribunals
of another Federation grown up in
the law, one or the other must suc
cumb, for those who would unlaw
the law are public enemies."
In passing sentence on the defend
ants the Court said:
''It would seem not inappropriate
for such a penalty as will serve to de
ter others from following after such
outlawed examples, will serve to viai
dicate the orderly power of judicial
tribunals, and establish over this liti
gation the snpremacy of law.''
History of the Gase.
The Bucks Company prosecution
of the officeials of the Federation be
gan in August, 1907. The original
action was a test ease wherein it was
sought to enjoin the labor unions
from using the ''unfair'' and ''we
don't patronie'' lists in their fight
against firms and individuals. Jus
tice Gould of the Supreme Court of
the District of Columbia, issued an
injundtion which was later made per
mnanent forbidding the publication
of the company's name in these lists.
President .Gompers in an editorial in
''The Federr.'ionist'' of last Janu
ary, made known his intention not to
obey the Court's order, contending
that the in.junction issued was in
derogation of the rights of labor and
an abuse of the injunctive power of
Gompers, Mitchell and Morrison
.subsequently were cited for con
tempt, and this phase of the case has
been before , the Court for many
months, the proceedings taking the
form of a hearing of testimony be
fore an examiner and many argu
R,oosevlet Asked to Interfere.
Whether President Roosevelt will
take any action, ais he has beeu
uregd to do in telegrams reeted
from different labor organiations
throughout the country, in condeo
$ion wit Judge Wright's decisI,p
has npt been decided. -
Appeals - Labor Leade0fe Ou
tinues T e'Beforo "etg6rw
Washingtoi! .1eial.-In an 'offl
Cial statement 1isued at the White
House Saturday -in regard to presi
dential intetfono# in the cases of
Prqsident Qg4'j..Vice President
Mitchell and,. f*rqtary Morrison, of
the --American-4deration of Labor,
now under sentence for contempt of
court, Attenfion ib, oolled to t.he fact
that the 1eages at Atll before the
courts and thlit no matter what the
President's opinion may be as to the
the justness of the. sentenco imposed
he cannot take any action looking- to
pardon or express any opinion is to
the merits of the cases.
The text of the statement follows:
"Various appe s have been made
to the President tb, interfere by par
(Ions in the case of Mi-. Gompers and
his associates. Those. making the
appeals are unaware of the fact that
the matter is still'before the courts.
It is a civil suit between private par
ties and there has been no way by
which the government could have in
terefred even if it had desired to do
so.. Whether the President does or
does not think the sentence of Mr.
Gompers and his associates excessive
is not at present of sonsequence be
cause he cannot take any action or
exercise any opinions while the case
is pending before the courts. When
the decision is made then the P.resi
dent can promptly consider whether
the terms of imprisonment are ex
cessive or improper.
"The President has already in
structed the Department of Justice
to keep him fully informed as to the
progress of the case so that in the
event of its becoming proper for him
to act he may have 'at his disposal all
of the facts which will enable him to
decide whether there was -justifleation
for some punishment, whether the
sentence is 'or is 'not altogether too
severe. But at the presetit the Pres
ident has no more to do with the
case (than with the case of the $29,
000.000 fine imposed by Judee Landis
on the Standard Oil Company, which
is also on appeal and concerning
which the President. has. also been
repeatedly asked to interfe-e by well
meaning persons who did not know
that he could not interfere while the
matter was still before the courts on
The Evacuation of Cuba.
Havana, By - Cable.-New Year's
deay will witness the beginning of
the evacuatiop of Cuba by the army
of pacification, which has been in
possession of the island since the be
ginning of the provisional govern.
ment. October, 1906.' The first pro
visional regiment of marines, num
bering about 900, will be among the
first twoops to leave. About half
this regiment will sail from Havana
on January 1st on the cruiser Prairie,
which will return about the middle
of the month and embark .the re
Headquarters and Companies A,. B,
C and D, twenty-eighth Infantry
will embark on the United States
transport 'Sumner at Matanas, on
December 31st. From there the
transport will proceed to Havana
and embark Companies F, G and H,
stationed at Guanajay, and Company
E, stationed at Guines.
From that time on, the transports
Sumner and McClellan will be em
ployed in the embarkation at inter
vals of the remainder of the year.
Battery B, Third Artillery, and the
Fifteenth Calvary, will sail on Feb
ruary 2d. The headquarters and
Eleventh Cavalry, the mountain ar
tillery and Fifth Infantry; the: Elev
enth Infantry, and the Seventeenth
Infantry will leave Havana about
February 27th tor Newport News. It
is the intention to have all of these
sapear in the inaugural parade at
This leaves only two companies of
engineers and two battallions of the
Seventeenth Infantry. These troops
will embark April 1st, which will
complete the evacuation.
The embarkation of thg troops will
be effected with as little ceremony as
possible. The purpose in deferring
the departure of a portion of thie Sev
enteenth Infantry until April 1st has
been the subject of cpnsiderable spec
ulation, but It is, believed that this
will be. agreed upon at a conference
between Governor Magoon and presi
Clent-elect Gomies. It probably is for,
the purpose of keeping the barracks
and quarters in good order untM" is
possible to turn over to the Cuban
authorities a model- eamy.'
Cubans, wih the exception of a,
few who profess to few, that disorder
will follow the evaeuatin of the Is.
land, are greatly p at the de-'
Perturq. of the AmI~.forces as
marki,g the come 0stablishnet
of lndenan4ta ML*i thektid
AR$lIIP 'D LIEVER OPTl i TU
All 'That .. LAhm Needs 19 the
Can fford to Spend $1,000 to $5,-.
000 Can rave a 3chine' - to go
Touing Throiugh the Ether-ays
the WriAhts Rave Solved t%eerob
lem of 'Aertal Navigaion.
New York, Special.-Asserting
that the problem of aerial naviga
tion has been mastered and that with
in a few years airships wil rival auto
mobiles, Frank S. Lahm, one of the
first of aeroplanists and the father
of Lieut. Lahm, in command of the
ariny's aeronautic experimental sta.
tion, began his campaign to interest
capital in the Wright aeroplane.
Mr. Lahm, though for thirty'years
a resident of Paris, is still a loyal Am
erican and believes and hopes that
the Wright method will be adopted
by the nations. He said that it was
fitted for both commerce and war.
Mr. Lahm believes that the world
will speedily recognize the fact that
the age of aerial navigation -has
come. In speaking of his' experiences
with Wilbur Wright in France, Mr.
''I once went 100 feet above the
ground with Mr. Wright. It was his
first trip so high in the air, and did.
much toward converting many scof
. "The sounds of our whirring wings
and the buzzing of the engine fright
ened many of the horses below us.
It was a natural flight and we rose
unaided by weight or monorail. I
had the greatest pleasure of my life.
"'It was as if we were in a steam,
ship driving through a calm sea
against a stiff wind, or as if we were
sitting in a rocking chair and letting
a gale spurt by us. When we came
down at the rate of nearly a mile
a minute I might have been di6turbed
if I had not seen Mr. Wright make
so many landings without iceident
that it seemed prepostgrous that We
should- not land easily. L.feared foi
a*second 'that we *might come dows
with a- shock, but just. as we got
close to -the ground-we had been
rushing down spirally as if on a
twisted toboggan slide-Mr. Wright
so manipulated the machine that she
"I'have seen Mr. Wright go aloft
without the aid of any propulsive
weight. I have seen him parallel the
earth no higher than a man's shoulder
for miles. I have seen him take up
a man weighing -208 pounds. ' I am
confident that the Wright machine
has solved the proglem of aerial nay.
igetion. He can even with his present
machine do whatever he wishes with
in the limits of the fuel, he is able to
''I expect to see a Wright ma
chine make a flight across the. English
Channel and back before the end of
spring. I believe that even in France,
which is five years ahead of America
in aviation, it will be difficult for the
most optimistic to realize the pos
sibilities in s.toje for the aeroplane
commercially and from the viewpoint
Nfr. -Bishop said that the Wrights
had taken France by storm. He
understood that Orville Wright, now
recovered from 'his accident, would
sail from here next week. He will
.establish a schiool of aviation at Pau.
The brothers swill manufacture aero.
planes in France on a large scale.
The best machines will cost $5,000
and the ismallest abot- $1,000.
Three Dead in Street Fight.
Ocilla, Ga., Special.--Within a
stone's throw of each: other, their life
blood making crimson the shaded
streets of this quiet town, three men
were instantly killed Tuesday- night
and an officer of the law received
mortal wound. The dead are: Char
lie Moore, Virgil Moore1 Leonard
Smith. Fatallyv injured: Policeman
WD1l Try Yankee Again.
Washington, Special. - C.ertainty
that the cruiser Yankee, which suink
a second time off the Massachu
setts coast after having been raised
ad wase bqing towed to New Bed
ford, Mass.,, ean be again floated and
delivered sdfely at the New York
navy yards according to contract, is
expressed by John .Arbuckle, Ivho
successfully. floated her,:. thb . first
time a the offieers o)f th navy
Fbad gv 'p the v'esel. '. A ~r
buckl - telg ped ec'tagy
Ne sthe *Wotaqarfer of
NTERNATiONAL LESON COxv
RENTS FOR JANUASY 3.
*bject: The Ascension of Our Lord
Act 1: 1-14--Goldeli Text, Lu4
26:1...ComitVerees - A
.Aposition of the LeAton.
8U"..19mP ! hursday, May 18, A. D.
ON..-Jerusalem and Olivet.
.- 1. The Risen
t 4"Tbe former treatise"
I .the gOs of* LUke (Luke 1:1-4).
The subject of the gospel was what
Jesus "began" to dq and teach. The
subject Of 'the 16ok of 'Acts is what
Jesus continued--to do and teach (af
ter His ascension), Just before His
ascension He had given the disciples
commandments (Of. Matt. 28:19, 20;
Mk. 16:15-19; Luke 24:45-49; ch.
10:40-42). He had given these com.
mAndments, after His resurrection,
in the power of the Holy Spirit. What
an honor this puts upon the Holy
Spirit, and how it emphasizes the im
portance of His work (cf. 1 Cor. 2:4;
1 Thess. 1:5). Jesus was taki up
"into heaven" (Luke 24:51; cf. 1 Pe
ter 3:22). The all-sufBcient proof
that -Jesus rose was that He was seen
through forty days after His suffer
ing' and death.' He showed Himself
alive by many proofs. "Forty days"
is the period of thorough testing
(Deut. 9:9, 18; 1 ]K. 19:8; Matt.
4:2). During the forty days there
was one subject of conversation, "the
things concerning the kingdom of
God." As the days of communion
with the risen Christ drew to a close
Jesus laid a solemn charge updh'.them
not to take up - the commission of
world-wide evangelization that He
had laid upon them until, they hpd
received the all-essentiial fitting fbr
the work, "the promise of the Fath
er," the baptism with the Holy'Spirit
(vs. 4, 6; cf. Luke 24:49).' They
were tonstay right there in Jeisalem
and wait until "endued with power
from on high..'
IT. The Ascending Christ, &-9
(Luke 24:50, 51). The mention of
"the promise of the Father" seems to
have suggested to the disciples the
Irestoration of Israel, so they ask
Jesus if He is about to restore the
kingdom to Israel. His answer im
plies that the kingdom is some time
to be restored to Israel (of. Is.' 1:2 5.
27; 9:7;,,Jer.A#3:5, 6 164:E
36-23-28; 37:24-28; Hog. 3:4; 5;
Joel 3:16-21; Am. 9:11-15). But in
the most emphatic way He tells them
that God has reserved' the knowledge
of times and seasons to Himself f-'#.
Matt. 24.:36; Mk. 13:32. How w
and presumptuous then for- any on
to try to figure out the.:time ' eur
Lord's return (Deut. 29:29). .1,
turns their attention front the i aii
attqmpto discover. times and s,aion*
to thiiV own present duty of witness
ing for Him. When they should re
ceive the kingdom He does not dis
close; when they should receive pdw.
9r He does disclose (v. 8). This pow
er would be theIrs When the Holy;
G4ost had come upon them (R. V,).
They would not have power until
then. How foolish then for us to try
to work for Christ until we have
sought and obtained the baptism with
the Holy Ghost. . The power of the
Holy Ghost was not 'merely for the
purpose of making them happy, 'iut
for,the purpose of making them "wit..
nesses" (cf. 2:4; 4:8-12,- 31, 33; 5:' &
32; 9:17, 20). They were to beg!i
their witnessing right where they
were when the Holy G)host was re
ceived-in Jerusalem. They were to
go next 'to the immediately surround
ing territory; then to the nearest
neighbors, the despised Samaritan.,
and then on and on "unto the utter
most part of the earth." A true re
ception of the Holy Spih'it by the
church means world-wide missions.
Immediately after speaking these
words, while they were looking, I)s
feet began, to leave the earth. This
was His parting message to us. How
we ought to ponder it. He had lifted
His hands -to bless them as He finished
the miessage (Luke 24:50, 51). He
went up with His hands stretched out
in benediction, and He fias been bless
ing hIe ever since. They knew He ;s
cended, for t-hey saw Him clearly,
They saw Him until the cloud, the
Shekinah glory, took Him out of their
sight (of. Ex. 19:9; 34:6; Is. 19:1.;
Ps. 104:3). We will be received up
into that cloud some day (1 Thess.
4:17). He ascended to appear in the
presence of God in our behalf, to pre
pare a place for us (Heb. 9:24; J'o
14:2). His presence there makes u
eternally secure (Ro. 8:34; Heb. 1:'
25) and IIis presence there now guar
antees our presence there-hereafter
(Jno. 12:26; Rev. 2:21).
III. The Rteturnifig Christ, 10, $1. -
They strained their eyes to get anoth
er glimpse of Him and then stood
there gazing. Two men in whjte
(of. Mk. 16:5; Luke 24:4, 23; Jgo.
20:12; Acts 10:3, 30) stood by themi
These angels were practical, "Why
stand ye looking into heaven?" they
ask. There are times When it is right
to look up steadfastly into heaven
(oh. 7:55), but there are times when
duty calls to an earthward look. The
right thing for the disciples to do just
now was to do Just what Jesus had
bidden them (vs. 4, 12). The tWo in
white gave a glorious promise to
cheer the disciples and make it easy
for them to leave that spot; Jesu
was coming back again. Not another
Jesus, but "this Jesus" which was
taken up from them. He was to come
Just as Al. went, perfonally and visi
bly (the Greek is very emphatie and
cannot be honestly reasoned away)
(of. Rev. 1:7; Luke 21;7; 1 Thess.
)41'; Phil. 3:0.1 b.9:8 Jno.
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