Newspaper Page Text
B' 1 -2' B IS A 1H fa I ADVERTISING IS SIMPLY " ffl IH
iDAY-Taiv. SALT LAKE CITY, UTAH, THURSDAY MORNING, SEPTEMBER 10, 1908. , 14 PAGES FIVE CENTS, fll
1 SI AIRSHIP
grid's Record Is Esfah
Kcd for Heavicr-TJian-
Boh remains above
mfm FOR NEARLY HOUR
Kds Certainly Great Tri
Kpl for Americans in
frec phenomenal llights at
KvJi', established new acro
HLjibnt not only nssuro the
HL official trials before tbc
KTbt indicate that aerial
Bouly a math dcvclop
K',i land .and . will find
'Eiuc, it is now conceded by
jjKgT 'a valuable means of
JETaml possibb carnage.
jHfeilJ of approximately one
Eud another flight in which
Ertre Tvhirlctl through Ihc air
jE YcJQ six minutes, were the
Kjntj of the Wright brothers'
tW. That those- flights,
Etice o-5 wore, will be
EbrOrville Vriclit during his
jEVcrl Mvcr is confidently prc
Rfc "first "flight made this muvn
HrMeh tk machine circled the
-fci-ils at the fort fifty-seven
57 ninntes and .31 seconds.
jKtsd this evening, when a
rfT' minutes aud 15 seconds
KI&s on Passongcr.
UMR&fcl Tvith breaking all dis
jH& ioe records 'for a heavier
EBzirfiinc. Mr. Wright took
jKutPnP Lalun, the aeronaut .
lKArul turp-N for a spin around j
ah groacJi, making a new record j
.iHtmoui flilit. All this, hnp
ijnK qtkkl y aud unostentatiously
SBk t?ttors. among whom were
tHp'Of tie cabinet and high ofli
iHniieinor and nav . could hard
JBk, Ut 'history had been made
iEi t ht era in the progress of
itp?iii toiIiI vas begun.
SKmwc; flight was witnessed
kKfr. Ihil. of enthusiasts, but
3Bn sitl o "rapidly that fully a
Xp,K)fi gathered to sec the af-
w,jKttdm of Flight.
'UiH tit aeroplano rose mrandly
tHte(4ad sailed over the green
if$c flrill grounds. Higher
fhkt it rose, turned at a sngnt
PBj tk atiaior brought it around
ijM$-rte of the field and raced
R.iitrta5nig speed. There was
'"nR'qsiver cf the aeroplane in the
r-nnnds of the field. Hound
'HWd tb machine traveled on,
tarns, shooting along the
rsMjind prcenting somewhat the
of an automobilo racing
mB 'imaginary course in the air.
Paid little heed to anv-
VB' fite, .until the crowd raised
-'0Mhii!i of his new achieve-
' lBloieatl "" -5Tavc,l l"s uc"
rjHr. ,JX flicht was begun a
5 cd io tho seat next to Mr.
M wnen he saw that he had'
!" for over an hour, tho time
Stfr for Wm to fulfil his
"in the government, he made
f"tarth" Swooping down
K mp the bumps'1 fashion,
m bore iu the direction
"fl. which qnickly scattered,
ttnc aeroplane would mn
L H'nR ,? cloud of dust as
Km the skids, the aeroplane.
nearly 1000 pounds, came
m twenty feet of tho
S-ht stcn,ncd from the scat
EMM assoc.alion at Hain-
Ir Wr?Jus y,e first t0 con
ft,yr,Blt. Secretary of the
bcoretarv 0f War
lfmnerot, ariT,v an(,
fjfK'itl. entl.1 usinsts from
fjSBi W ?rasp lns l,anl- As
$$ track to pro.
SP: tbe nFiny lv-
Kinvitalion t,lat "CCllcd nu
T ?"fiy with
r AoJrd a wiUl only
'K1 St KJi U, maehine
tJM!1 l w" oYlil,"'L Vmt onU,l
Kant fttfi no omo
"I DO HOT WANT
This Is How E. H. Harriman Ex
plodes Some Newspaper
HE HAS ENOUGH ON
HIS HANDS AT PRESENT
Has Not Entered Into Any Ne
gotiations for Purchase
of Gould Road.
Special to The Tribune.
OGDJ2N, SepL 0. "I do not want tho
Western Pacific railroad; have entered
Into no negotiations for Its purchase, and
have no engagement with Engineer Alfred
Robinson to moot him In Salt Lake and
look over any data lie may liavc collected
concerning that road," was tlio way In
which Edward IT. Tlarrlman, the railroad
magnate, denied Wednesday afternoon a
story which appeared In a Salt Lake
morning newspaper, as ho stepped from
hfs private car "Ardcn" when the special
train bearing him to tlip East rolled Into
the Union depot In this city.
Mr. Harriman. with his peculiar mnn
ncr of nnswerhig questions by asking Uir
questioner one In return, inquired: "Don't
you think I have enough on my hands
already without taking hold of anything
else?" Of the report ho said he had
heard nothing, aa lie never reads the
newspapers, and when an out-of-town
newspaper man started to read the clip
ping containing the report, he smiled and
motioned for him to discontinue, remark
ing that there was absolutely nothing In
Salt Lake Car System.
Regarding the continuation of Improve
ments on the street car system of Salt
Lake City. Mr. llarrlmun said that he
was not entirely posted, the matter being
I In the hands of Genera Manager Can
croft of the Oregon Short Line, but that
I work and Improvements on tho entire sys-
1 tern would continue as long as the reve
nues and other conditions warrant It.
, The special train reached this city a.
few minutes after 5 o'clock Wednesday
afternoon, and after a thirty-minute stop
Mr. Uarrimun nnd Ills party continued
east. He said that he had wanted to stop
over in Salt Lake, but by doing so he
would have lost a day. and that he was
anxious to' return homo so that his son
could enter school when the session
Accompanying Mr. Harriman to the
city were a number of prominent railroad
officials, including General Manager Ban
croft of the Oregon Short Line, who re
turned to Salt Lhkc on a special train
with other officials immediately after the
departure of the Harriman special.
Governor John C, Cutler, W. S. Mc
Cornlck and T. R. Cutler were presented
to Mr. Harriman by General Manager
Bancroft at the depot after he left his
NO STRIFE AMONG
SPRINGFIELD. 111., Sept. 0. The Re
publicans of Illinois met here today in
state convention 'and nominated four
trustees of the University of Illinois, se
lected presidential electors and adopted
a platform. Joseph G. Cannon, speaker
of the House of Representatives, was
chosen chairman of the convention.
The convention was not as largely at
tended as In former years, because "there
were no contests of any consequence, for
the primary elections held August 8 de
termined the candidates for state offices.
Efforts were made to harmonize all fac
tions and smooth over all feeling that was
engendered during the recent primary
Speaker Cannon in 'his speech urged
that all differences be forgotten and that
there be unity and harmony all along the
line, and that everybody work for the suc
cess of thj state and national tickets.
Former Secretary of tho Treasury Les
lie M. Shaw also made an address. His
speech dealt wostly with national Issues.
Scnutor Hopkins. Governor Deneon and
the Republican congressmen present also
made short nddresses.
I CLOSE CONVENTION WORK
AXACOXDA. Sept. 9. After a session
lasting from S o'clock last night till 'J
o'clock this morning, thp Democratic state
convention adjourned, having adoplod a
platform and put a full slate and general
ticket In fhe fiold.
In addition to the candidates carried In
tho dispatches of late last night, theso
State auditor 1L L. Sherlock of Jef
ferson. Attorney-general J. H. Tolant of Doer
Superintendent of nubile Instruction
Wiley Mountjoy of Madison.
Railroad commissioners, two-year term
I.. Newman of Chotcau. Four-year
term A. J. Vlolette nf Missoula. Six
year trm (J. P. Xevln .Sllvurbow.
W. 13. George of Hillings was elected
chnlrman of tho slate central eommlttco
when that body met today.
SAN FRANCISCO BANKER
KILLED IX AUTO ACCIDENT
SAN FRANCISCO, Sept. 0. Philip N.
I LJllciithnl. manager of the Anglo-Call- j
fomia bank of this city, was Jellied this
evoulng In an automobilo accident near
Mr. LIHenthal. In company with Greg
ory Wllcnkln and Ignace Vaichansky.
both of Washington. D. C was returning
to tho city, and on the Mhislon rund they
encountered n horse and buggy. The
horse became frightened and a colllnlon
followed. Mr. LIHenthal .lumped out of
tho nutomoblle. nnd In doing so received
Injuries which resulted shortly after Jn
Ills death at St. Luke's hospital, where
he was taken.
His companions remained In the auto
mobile and escaped Injury.
TRADES UNION GOING
NOTTINGHAM. Sept. Tho trade
union congress today passed a resolution
condemning tho RrltlFh workmen who en
gaged themselves n .strikebreakers hi
tionnany and tho colonic, and anking
parllamont 10 enact a measure under
which tho organizers of strikebreaking
movements, h -.veil as the men them
selves, could be prosecuted. The con
M?rVi(,l0,V,oV',1J1 mo''n" for amalgama
ting 'V1 l V; L5bo,Mnrly. which Is con
trolled by the Socialists.
Two fraternal deleKaios from tn
Sn'" federation of Labor, who aro
uatchlng tho proceedings, were received
" the congress.
I THE BIG MITT OF UTAH G. O. P. No. 11
i The Boss Has Arrived and is Making Out the Political Forestry Report for
: : : . nc. .......
I1MI 10 i GIEST,
OF PARKER Ml HILL
Evidence That Eastern Democ
racy Is in Sympathy With
the West cm Leader.
CHICAGO. Soptembcr 0. William j
Jennings Bryan will spend Sunday, Sep
tember 20, as the guest of former Judge
Alton B. Parker at his home "Rosc
mount" at Esopus, X. Y., and that
evening Trill journey on to Albany,
where- the candidate will spend tho night
at "Wolfcrt's Roost" as tho guest of
former Senator David B. Hill. An
nouncement of the Sunday visits of Mr.
Bryan to Mr. Parker aud 'Air. Hill was
made tod.13 by National Chairman
Mack, who said that it was quite possi
ble that politics would be discussed.
Next Sundav Mr. Bryan will spend at
Deer Park. "Maryland, as the guest of
National Committeeman .lohu T. Mc
Graw of West Virginia aud former Sen
ator Henry G. Davis.
Some dales for Mr. Bryan's trip
through West Virginia were made
known today. He will visit, tho state
fair in Whcclinc on September 11 and
that evening will make a speech there..
At Cumberland ho will speak on the'
After spending Sunday at; Deer Park
Mr. Bryan will continuoi.his trip east
and will arrive in Baltimore- on. Mon
Some changes were announced in tho
itinerary and speaking dates. New
York City will be visited September
IS instead of the 17th and the 15th,
will bo devoted to New ,1crse3. On his
recent arrival in New "York from Eu
rope, Mr. Iltll called on National Chair
man Mack and announced that ho would
do all ho could to aid in Mr. Bryan's
election. Mr. Mack snid that ho did
not feci that. Mr. Hill's health would
permit him to again become nctivo in
politics, but that, ho would avail him
self of the advice aud couiibo! of tho
former leader iu New York stato poli
tics. Chairman Mack said today that
tho visit of Mr. Bryan to the homo of
Mr. Parker and Mr. Hill showed con
clusively that Democracy was firmly
united in the East and that factionalism
was a thing of the past.
National committeemen at headquar
ters today snid that conditions in the
Empire stato would likoly be talked
over and suggestions made to place tho
stale in tho Democratic column during
Mr. Bryan's visit, to the former Dem
ocratic ' presidential candidate and tho
former New York state leader.
ACCUSED OF ATTEMPT
ON LIFE OF SULTAN
CONSTANTINOPLE. Sept. H. Silvio
RlccI was taken Into custody here today
accused of being responsible for the at
tempt to assassinate the Sultnn of Tur
key iu 1905. On July 21 of that year an
efort was made lo kill Abdul Hamld while
ho was descending the steps of tho
mosque near Ylltllz Kiosk, where It Is
IiIg custom to go and pray every Friday.
Tho sultan was not Injured, but several
other persons were either killed. or wound
ed. A bomb which had boon conveyed
to tho vlcltiny of the mosque In a hired
vehicle was exploded In the courtyard and
timed lo meet his majesty as ho emerged
to got into his carriage.
I r ,
j Index to Today's T ribune4 i
! Departments. Page.
! Society f. !
Editorial .- (1 -J.
Markets 9 .J-
I Intermountain U
r Domestic. r
Wonderful flights of the Wright
r aeroplane at Ft. Mycr, Va 1 v
! Gompcrs and associates make
j emphatic answor in Buck Slovo
-I Co, contempt case 1
Bryan's speech on State Rights
r to great throng at Peoria 1
Taft's plnu for campaign tour !
overwhelms him with Invlta- 4
- tlons 1 4
Democrats plan aggressive cam- v
! palgn In western states - j
v Verdict of Jury in Rustlu Inquest 4
; at Omaha , H -j.
-- Flashes from the wire 11
! Local. v
! E. IT. Harriman suyn ho doesn't
j want Western Pacific 1
.J. Action of American club in red
I- light matter applauded ...... 1-1
Big suit filed In federal court
-'r- against E. P. Ferry 11 .j.
Colonel Ed Loose called upon to
i' bury his pride AS 11
First meeting of organization to .J-
help the blind is held ,...11
4' Action may be taken In matter 4.
t. of the firemon's fund .11 -!
Sporting Nows. !
r- "Battling" Nelson knocks out
Joe Gans In twenty-one -j--;-
Olympic athletes fall to arrive. .10
HOW ANIMALS CARRY
DISEASE GERMS TO MEN
PHILADELPHIA. Sept. 9. Frederick
Mayer of New Orleans, special medical
Inspector of the Louisiana Stato Board of
Hoalth, said today to the members of
the American Veterinary Medical associa
tion, in convention here, thnt the vot
erlnarlons can do much to prevent tho'
spread of consumption among human bo
Ings. lie showed how disease spread frum
animals to human beings.
Ho favorod a law requiring the muz
zling of nil dogs and one requiring tho
destruction of "all homeless curs."
The objection of "maudlin sontlmental
Isls" to this, he said, should bo Ignored.
After discussing tho proofs that dlscnso
perms are transmitted from cattle and
other animals to human beings, Dr. May
"Vou veterinarians liavo It iu your
power jo put a Htop to the spread of
these germs-. A great part of tho re
sponsibility for the prevention of tuber
culosis rests with you."
Striko Called Off.
MISSOULA. Mont., Sept. 9 An official
bulletin Issued here todny by the local of
tho Lumbermen's union calls oft tho
striko that has been In exlstenco since
June. Tho order affects the lumber work
ers of four counties, Granite, ItaviilIU.
Sanders and Missoula. Tho rescinding of
the strike order was the result of tho
action taken by the Butte Miners' union.
! WOMAN DIES AT AGE OF
I- inJNDBED THIRTEEN YEARS 4-
j TOPEKA. Kan.. Sept. P. Mrs.
J' Sallie Jiuthford died hero today J !
r nt tho age of 1I.T years. Sho -J-
was bom in Middletou, Ky., iu 4
.nn.1) and had never seen a -r
I' -week's sickness in her life. Mrs.
Ruthford came to Topeka forty- v
5 throe years ago. Four genera- !
! lious of childreu gathered at her -r
J home Sunday, knowing it would
b he their last meeting. -j-
f , -'c
IIMI INVITATIONS 10
TAFT FLOflDJIS MAIL
Announcement That Republican
Candidate Will Make Tour
Meets With Favor.
CINCINNATI, Sopt. 9. Pending the
arrangement by tho Republican national
conunittco of tho dates of Judge- Taft's
intended trip through tho country, tho
.plans for tho Cincinnati campaign are
being held in aboyance. But three ap
pointments for delegations to visit tho
candidato hero have been made, ScpL
IS. Ifl and 22. Tho announcement
through the press that a "awing around
tho circlo" was to bo made b' the
candidato has resulted in a deluge of
letters from various sections inviting
addresses. All sucli invitations are be
ing referred to tho national committee
for consideration. Tho one. thing set
tled about tho traveling campaign is
that tho candidato will bo in Chicago
October 3, where ho will address the
Lako-to-thc-Gulf Deep Waterway asso
ciation at -the Auditorium. This de
cision was mado final toda3-, although
Mr. Taft had somo time ago responded
to an inquiry on the subject by saying
that should the invitiation be exteiidcd
formally ho would accept. Mr. Bryan
has accepted an invitation to address
tho association October H.
Judge Taft's first day -in Cincinnati
was taken advantage- of by many of his
personal and political friends to pay
their respects aud from tho time he
arrived at his newly established offices
at tho Sinton hotel, shortly after 10
o'clock, until late in tho afternoon, he
was constantly engaged with callors,
among whom was Representative- Long
worth. Mr. JiOngworth. under the direc
tion of the speaker's bureau of tho na
tional committee, will devote- his time
to the campaign after tho 13th.
A. I. Vorys, .Judgo Taft's chief of
staff, made a call on Senator Poraker
hero today. It was said to bo a eocial j
call with no significance.
CUMMINS GAINS TWO, i
BUT NOT ENOUGH VOTES
DES MOLN'KS. Ia., Sept. 9. Tho first
ballot for United States Senator in tho
legislature here today resulted In a dead
lock. Cummins received sixty-six votes,
a gain of two over yesterday. Another
vole will be taken tomorrow.
Tho vote today was: Cummins. GC; Por
ter. Democrat. Ifi: scattering, 13.
Cummins gained two vloes over vester
day. Representatives Holmes and Wil
son (Progressives), who wero absent yes
terday, wero present today and cast their
voIoh for Cummins.
Tho utandpaltors voted solidly against
him, Hciitterlng their votes, although they
gave the biggest number to Congressman
Waller I. Smith, who received twenty
The. houso today passed a primary bill
providing for a f-epnnito primary tiallot.
with an oath of party affiliation a3 the
TRIES TO MURDER
HIS WIFE AND DAUGHTER
AVILMINGTON. Del.. Sept. 9. During
a. fit of temporary Insanity, Pearson Tal
ley, 00 years of age, today attacked his
wife, his adopted daughter. Edith Johan
sen, and her husband, Andrew .lohanscn.
and Inflicted such serious wounds with nn
ax that tho victims aro not expected to
llvo. Tallcy In under arrest and says ho
cannot account for his murderous deed.
BRYAN IS m OF
Democratic Leader Makes Sev
eral Speeches and Is Re
ceived With Acclaim.
"THE STATE AND NATION
HIS PREPARED ADDRESS
Leaves to Begin His Invasion of
the East, and Will Travel
in Private Car.
PEORIA, III., Sept. 9. William J.
Br3'an was the man of tho hour in
Peoria todaj:. From the moment he set
foot iu tho city at noon until his de
parture tonight for Evansville, Iud., be
was accorded a series of demonstrations.
Within ten minutes after his arrival
ho was addressing a vast throng in
front of tho hotel. He took for his text
the more striking passages of his Labor
day address in Chicago, and dwelt at
some length on the right of trial by
iury iu cases of indirect contompt. Dur
ing the afternoon and evening ho made
threo more speeches, the principal one
at the Coliseum, which was filled to its.
capacity nnd which necessitated an
overflow address in tho court bouse
His set speech on "The State and
Nation," in which he declared in favor
of state rights, was received with vo
' ciferous applause and every manifestn
, tion of approval. When he had finished
his prepared speech ho launched into a
discussion of the various issues of the
campaign, and reiterated his charge
that Mr. Taft was not satisfied with the
Republican platform and had been com
pelled to amend it in many particu
lars. When the train pulled out of the sta
tion tonight, the actual invasion of the
East by the Democratic candidate was
begun. Prom this point until the trio
is concluded September 29, at Lincoln,
Mr. Bryan -will travel in a privato car.
Mr. Bryan's set speech on state rights
Mr. Bryan's Address.
The success of our system of govern
ment rests upon tho caroful observance
of the constitutional division of power
between tho state and the nation. A
number of expressions have boon coined to
describe the relations existing between
the federal government and the several
subdivisions, but no on has been more
felicitous In definitions than Jefferson
or moro accurate in drawing lines of dc
marlratlon. He presented tho historic
position of the Democratic party when he
declared himself in favor of "the support
of the stato governments in all their
rights, as tho most competent administra
tions for our domestic concerns and the
surest bulwarks against antl-ropubllcan
tendencies." and "the preservation of the
general government In its whole constitu
tional vigor, as the sheet anchor of our
safety at homo and peace abroad." The
Democratic platform, adopted at Donver.
quotes tho language of Jefferson and de
clares that it expresses the party's posi
tion at this time.
It would bo almost as difficult to main
tain a freo, self-governing republic over
a large area and with a largo population
without state governments as it would bo
to maintain such a republic without a
general government. The interests of the
different parts of tho country are so
varied, and tho matters requiring legis
lative attention so numerous, that It
would be impossible to have all of tho
work dono at tho national capltol. One
has only to examine tho bills Introduced
in each Congress, nnd then add to the
number the bills Introduced at the legis
lative sessions of each of the forty-six
states, to realize that It would be beyond
tho power of any body of men to legislate
Intelligently on tho multitude of questions
that requlro consideration.
Not only would national legislators lack
tho time necessary for Investigation, nr.d
therefore lack tho Information necessary
to wlso decision, but tho Indlfferonco of
representative in one part of the country
to local matters in other parts of tho
country would Invite tho abuse of power.
Then, too, tho seat of government would
bo so far from the great majority of
voters as to prevent that scrutiny of pub
lic conduct which Is essential to clean and
honost government. The union of tho
separate states under a federal govern
ment offers the only plan that can adapt
Itself lo Indefinlto extonslon.
State Rights Rescrvod.
Our constitution expressly reserves to
the states and to the people respectively
nil powers not delegated to the federal
government, and only by respecting this
division of powrs can wo hopo to keep the
government within the reach of tho peo
ple and rcsponslvo to tho will of the peo
ple. Bocnuso In all disputes as to the
relative spheres of tho notion and the
stales tho final decision rests with the
federal courts, the tendency Is naturally
toward centralization, and greater enro Is
required to preserve tho reserved rights
of tho states than to maintain the author
ity of the federal government.
In roccnt years another force has been
exerting an increasing inuuencc in ex
tending the authority of the central gov
ernment. I reier to the crcat corpora
tions. They prefer tho federal courts to
tho Slate courts, and employ cvory possi
ble device lo drag litigants before United
States judges. They also prefer Con
gressional regulation to Stato regulation,
and those Interested in largo corporations
have for years been seeking Federal in
corporSition. Tho Democratic party will
resist every attempt to obliterate Stato
lines, whether tho attempt In made
I through legislation or through judicial In-
torpretatlon. Amendment of tho organic
1 law by judicial Interpretation would ho
destructive of constitutional government;
our Constitution can bo amended by the
people In accordance with tho terms of
tho document Itself, nnd no group of men.
however honorable or high minded, can
usurp this power without violating the.
fundamental principles of our Govern
ment. It has been suggested that the rights
of the States can lnpso through non-
use. and that Congress 1h Justified iu !
usurping tho authority of tho Stato If tho
State falls to mnko proper use of It. :
While this doclrlne has been advanred
In tho protended Interest of tho people,
11 Is as Insidious and as dangerous an
assault as has ever been made on our
constitutional form of government. Tho '
people of tho Stato can act with more
promptness than tho people of tho Nation,
and if they fall lo act. It. must be as
sumed that tho people of tho Stutc prefer
Tho real purpose that thoso hnvo in
view who complain of tho Inaction of tho
State, is not moro strict regulation of
corporations, but tho relief of corpora- !
tlons from Slate regulation.
The Democratic party favors tho full
exercise of the powers of the Government
Continued ou Pago Two.
Labor Leaders File Reply in r jH
- Contempt Proceedings In- f vM
stituted Against Them. f jH
CASE GROWS OUT OF ' "flH
BUCK STOVE -CONTROVERSY ; jH
Writing" of Editorials in dues--
tion Admitted ; Intent to Com- ' jH
in it Contempt Denied. ; jH
WASHINGTON, Sept. 0. In . tho j -H
case of the contempt proceeding!! i jH
against Samuel Gompcrs, Johu Mitchell . lN
and Prank Morrison of tho American ll
Federation of Labor, in connection with 4 IH
the Buck Stove & Range company, to- ;- 1 fH
day Judge Gould decided to appoint an jH
examiner to take - tcstimon3F, and Wil- ' 1
Ham Herbert Smith -was designated ta i ;
perform that service. ' IN
Thirty days were given to each, side J lN
for the purpose of taking testimon3'. H!
The answer of Messrs. Gompcrs, 'H
Mitchell nnd Morrison to tho contempt V
proceedings was filed with the court this IH
morning. It follows: t iMM
Ask for Jury Trial.
In their answers to tbe petition of N
tho Buck Stove and Range company to jH
have Samuel Gompcrs, John Mitchell nnd ,
Frank Morrison of the American Federa-
tion of Labor punished for contempt ou
tho charge of violating the order of Jus- H
tice Gould, enjoining them from contlnu- .; H
ing tho boycott against the stove com- ' Jl
pany by publishing the name of that
company In the "Wo Don't Patronize" M
list, which was filed today in the Su- ;1 jM
premc Court of the District of Columbia. t 1
the three defendants named asked tha: ; jH
the Issues be tried before a jury and not ' rH
by Justice Gould alone. Most of the ; rH
specifications of the petition relate to i pH
publications In tho American Federation- i i
ist, the official organ of the federation. ' 1 i flH
of which Mr. Gompcr.s is editor, and to J
public addresses made by him, nnd his iJI
response is of much greater length than i jTJI
those of Messrs. Mitchell and Morrison. ' jjH
both of whom profess Ignorance as to tha 4 jijH
majority of the utterances quoted. jr; qH
Denies Intent of Contempt. V '
For the most part, Mr. Gompcrs ad- (
in Its the correctness, of tho assertions 1 . BH
from his speeches, interviews nnd editor!- - ' "
als, but he declares that none of them . ; ;H
was Intended to bo in contempt of any .' t HH
decree of the court. ''
The principal charge made in the pell- J :
tion rofers to criticisms of the injunction -L-
which were mado by MrvGomper3 In au (WH
editorial published In Yho Fcdcrationlst lH
for February, 130S, in which he charac- ; IH
tcrlzod the Injunction as an Invasion of .JH
the liberty of the press and of the rlghc clH
of free speech, and further said It would ill
be Impossible to comply with all of its , lH
terms. Replying to this charge, Mi. Il
Gompcrs. Mr. Mitchell and Mr. Morrison
united In saying: i ,H
"Answering the seventeenth paragraph jM
of the petition, this respondent says that 1 H
the editorial therein referred to is only to JH
be understood properly nnd in its entire- hlH
ty, and he accordingly, for the full con- A EH
tents thereof, refers to the tiles of this '1 tH
court. He denies that said editorial con- " j IH
stituted in any respect the contempt of aJ i-H
court or that It was In nny degree dis- j ljH
respective of the action of the court. On , i'iI
the contrary, he says It contained only
such fair aud temperate criticisms as he - -'ll
hud a right to Indulge In as a cltl7.cn. , iH
of the conduct of one of the officers of 1-41
the Government, and that tho order and 7 H
decree herein passed were never properly jf
intended to take away from him his right
as an American citizen, but only intend- nH
cd lo prevent the doing of acts styled J ijl
unlawful had pursuant to a supposed un- ' i riH
lawful conspiracy to Injure. (
Conspiracy Donicd. , i jH
"That there never existed any con-
splracy. combination, agreement or un- i i
dorstandlng which resulted in any degren t VH
in bringing about the publication of said 1 I IH
editorial, but that tho passing of the de- J fH
creo rr'lsed a new Issue, to wit: Whether J IH
tho court hud acted within or without !
tho limits prescribed by justice: that tho i
Ibsuo which was one only Incidentally re- r-i
lating to tho pending case, but which ;
might havo been raised by a case bo- l 1 ;
tween entirely different parties quito as jH
well, was the only issuo discussed by him. 1 'iH
From his viewpoint, he believed the ac- , 4H
tion of the court to be erroneous, not be- t jH
cause the Buck Stove nnd Range com- ; t H
pany or the American Federation of La- iH
bor were the parties Involved, but be- , , iH
cause, as he believes, the underlying prln- t ,
ciple of the decision was to be found lr. .
Vin erroneous conception of right; that In ' .'
said editorial, therefore, the mention of j
the Buck Stove and Range company".-. '
name was merely an incident, and not the ;
object of debate. :
Stands by Statement. ' J 5
"Further answering sold paragraph. yX ;
this respondent says he admits the pub- 1
Ilea Hon of the statement referred to as 1 jl
being on pages li t and 115 of tho Feb- j i
ruary, 190S, number of tho Fodorationlst: :
that ho believes tho stutement of law IH
therein contained to be correct; that tho i ' ijH
same was published in good rami ami L jtH
for the better understanding of the ofll- f JH
clals of tbe American Federation of La- i id ;jH
bor. who were entitled to know as dell- j j jH
nltoly as they might, to what extent they j nH
were affected by tbc order of court: J
passed In the. District of Columbia; that . -H
he denier, the Imputation of motives in- f I JH
dulgod in by tho petitioner with relation , ' I ; IH
therolo." ' ' IH
Mr. Gompcrs grows facetious in reply- A
ing to the charge that he favored the Y
boycott ten years ago. saying that not Vi
being a clairvoyant he could not then ,i(
have known of the decision in this rase, 1 4
and urging that no expression used by lH
him at that time can ho construed ar, ; lH
I iu contempt of so recent a decision ns 'iifi'l
the one involved. ' tiH
Tho request for a jury trial was ex- f'JJI
pressed as follows: t iH
Claims Issues of Pact. Ijl
"Further answorlng, this respondent IjH
says that several Issues of fact arise here- I .-H
hi as to tho doing or not doing of cor- -H
tain acts, ns to tho motive and the. intont - tH
with which such acts woro performed. -ll
and as lo whether the same were com- , jjH
mlttcd, If committed at all. In violation . iH
of- tho order oi nccrce of this court; that i'
such acts aro of a nature properly to bp H -H
Inquired Into by a jury, Involving, ns they fl'-JH
do. the question of a criminal or quasi- j rH
criminal intent, as In wntch the unwrit- 2 VH
ten law of this country aud lnglnnd - n
rotfognl7.es a jury, representing the senso jM
nf tho body of the community, as super- H
lor to the opinion of a judge selected . j 1.B
bcctiuso of his spouial qualitlca tlons as a H
lawyer; therefore, Issues should bo : 1 WM
framed to bo passed upon by a Jury. Ql
"Wherefore, this respondent prays lhat ? lH
If tho judgo passing upon the application 1 -. 'JH
now pending shall be of the opinion that -al
tho charges made In petitioners' potitloo ' stH
havo not been fully sworn away by th'., 'H
answer and the respondent, therefore, j lH
discharged, lssucc may bo framed and a . . ' jH