Morning Oregonian., December 24, 1908, Page 5, Image 5

4
THE MORNING OREGONIAN, THURSDAY, DECEMBER 24, 1903.
LABOR LEADERS
ARE SENTENCED
Gompers, Mitchell and Morri
son Must Go to Prison for
Defying Law.
GOMPERS ANSWERS JUDGE
faj- Freedom of Speech and Press
Denied Appeal Delay Going
to Jail Roorvelt 19
Asked to Intervene,
(Continued from Flrrt Page.)
parent to thoughtful tnn that the defend
ant to the bill, each and all of thm. have
combine tna-ether for the purpre of:
1. Bring In about th breach of plaintiff
ex!at!na- contracts with othen.
2. Dprl-ina piaintirr of property (the
value of the ffotni will of It buanlecw) with-
out !ue process of law.
S. Reetralninc trade amonff the several
states.
4. Restraining commerce amons the . aeT
ral" atatea.
, The court declared the defendants' 11 1-
!timate purpose unlawful and they were
guilty of crime.
A3 to the violation of the Injunction,
t Just ice "Wright quoted numerous flocu
I menla and proceedings of the Federa
tion's executive board to prove that the
defendants had determined on this course
In advance. He proceeded to quote the
utterances o the defendants Individually
!-lnce the injunction technically went Into
'effect on December IT, 1007. After quoting
Gompers' declarations he said:
Offense of Each Man.
All of which was tione, all of which wan
published, all of which wf circulated in
wilful dlob11nce and deliberate vlolatfon
of the Injunction mr.- fr the purpoew of inciting-
and accomplishing- the violation gen
erally an4 In pur-nuance of the original com
mon dentin of hi me If ami confederate, to
brinir about the breach of plaintiff's exlMlna:
cnr.tracta with ' ct-t.vr. to deprive plaintiff of
property fth rood will of lt fouiiniM with
out due proo t of law; restrain trade anions
the pveral Mates; restrain commerce among
the several states.
He said that Morrison had full knowl
edge of all that was being done, took
part In the preparation and publication of
the American KederatJonLst of April, 9ftR,
knew Its contents and approved the writ
ings, and speeches of Gompers.
As to Mitchell, the court pointed out
various acts as in violation of the in
junction and quoted from Ms book on
" 'Or ga n i ed Labor ; its Prob 1 em s, Pu r
poses and Ideas." passages declaring It
to be the duty of all patriotic citizens to
resist or disregard injunctions when they
forbid the dolnff of a thing which is law
ful. Mitchell -was also credited with sign
ing "with full knowledge" the "urgent
Appeal which accompanied the circular
letters sent to labor unions. His presence
in the chair at the United Mineworkers'
convention on January 25, 1&0S, when a
resolution was adopted placing the Buck
Ptove & Range Company on the "un
fair' list, was also mentioned.
Kree Speech Xot In f rl nged.
Continuing as to all three of the defend
ants, the court said:
In defense of the chantes now at bar.
neither apolory nor extenuation Is deemed
nt to be embraced ; no ealm of unmeant
contumacy ta heard; persisting- In con
temptuous violation of the ordr no defense
1j off-rvd nve theee: "That the Injunction
1 1 Infringed the cont It ut tonal guaranty of
freedom of the prew. and 2) infringed the
constitutional guaranty of freedom of
Thee defences do not fill the meaaure of
th case; the Injunction, was designed to
mtr the general conspiracy of which the
publication of the "unfair" and "we don't
patronize" lists were but Incidents'; the in
Junction Interferes with no legitimate right
of criticism or comment that law hajt ever
rnnct toned and the respondents' Intimation
that It does so Ls a mockery and pretense.
Tiie court maintained that the Federal
constitution nowhere grants the right to
speak, to print or to publish, but guaran
tee that Congress shall not abridge that
right, leaving its regulation to the states.
The court continued:
"Who can be persuaded that the penalizing
of false and, malicious libels upon the Integ
rity of honorable men or slandens upon the
vtrtue of chaste women la an outrage upon
"the constitutional rights" of the villfler?
After calling attention to the 'Incon
sistency of utter license In speech and
press with punishment of libels . and
mulcting of slanders, the court said:
"No right to publish either libel oa,
lander can be sustained, except upon the
theory of a right to 3o wrong."
X'tter Defiance of Law.
In Anally dismissing the plea of free
speech, the court said:
Are controversies to be determined in
tribunals formally constituted by the law
of the land for that purpose, or shall each
man who fall at odds with another take
his own furious way? Are causes pending
in courts Jto ba decided by courts for lltl- i
rants, or the view of each distempered
litigant Imposed upon the courts? Are de- I
crees of courts to look for their execution
to the supremacy of law or to tumble in j
the wake of unsuccessful suitors who over- i
set them and lay about the matter with '
their own hands. In turbulence proportioned
to the frenay of their disappointment?
In the case of the defendants, the
court declared, the law's command had
been to "stand, hands off, until Justice
for this matter can be ascertained." It
continued:
Is not the law wide enough and Its shield
broad enough to avert from annihilation
that which Its tribunals have taken In hand
-for the very sake of decreeing whether
It shall not be saved? Yet everywhere, all
over, within the court and out, utter, ram
pant, insolent defiance is heralded and
proclaimed; unrenned insult, coarse affront,
vulgar Indignity measures the litigants' con
ception of the tribunal's due wherein his
cause still pends.
Set Federation Above Courts.
In conclusion the court said:
Before the injunction was granted these
men announced that neither they nor the
American Federation of Labor would obey
It; they have refused to obey it: and
through the American Federation of Labor
disobedience has been successfully achieved
and the law has been made to fall; not
only has the law failed in Its effort to
arrest a widespread wrong, Tmt the Injury
has grown more destructive since the in
junction than It was before. There is a
atudied. determined, defiant conflict precipi
tated in the light of open day between the
decrees of a tribunal ordained by the Gov
ernment of the Federal Union and of the
tribunals of another Federation. One or the
other must succumb, for those who would
unlaw the law are public enemies.
On the sociological aspect of the situation
some faith In the ultimate tightness of
Amsrlcan men, whether In labor unions or
out. Is to be entertained. For I believe that
the habit of the land saturates them with
a readiness to abide by authority, as I
believe that this very readiness to yield to
authority has undone them before now.
through the errors of misguided leaders,
swollen bf pigmy power.
Sentences to Be Deterrent.
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 as
will serve physically to Impose obedience
even though late; as will serve to vindicate
the orderly power of Judicial tribunals
and establish over this litigation the su
premacy of the law.
More than two hours were occupied in I
reading the opinion. The defendants sat
intently throughout the proceeding- At
fioaciusloA - o ho jeadii tud
"Wright. looking directly at Messrs.
Gompers, Mitchell and Morrison, said:
"Have either of you anything to say
why judgment should not be pro
nounced?" Gompers stood up and, addressing the
court, said:
Gompers Defends Ills Course.
I am not conscious at any time during
my life of having violated any law of the
country or of the state. It Is not possible
under the circumstances under which 1 am
before your honor this morning, and after
listening to the opinion you have rendered,
to say that whlrh I have in mind. but. sir,
1 may be permitted to say this: That free
dom of speech and freedom of the press has
not been granted to the people to say the
things which please, but the right to say the
things that displease, even though they
da a wrong.
This Is a struggle of the working people
of our country and It is a struggle of the
working people for right. The labor move
ment does not undertake to presume to
be a higher tribunal than either the courts
or the other branches of the Government
of our country. 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 abolish some of
the wrongs and to secure some of the rights
too long denied. If men must suffer be
cause they dare to speak for the masses
of the men of our country. If a man must
suffer because they have raised htm to meet
the sordid greed even to grind the chil
dren In the dust to get dollars they must
bear the consequences.
.But I would not have you believe me a
man of defiant character In disposition or
conduct. But In the pursuit of honest con
viction and the furtherance of the common
Interests of my fellow men. I shall not only
have to. but be willing to. submit to what
ever your honor may impose.
Mitchell and Morrison Assent.
Mitchell followed in a strong, resonant
voice:
"I thoroughly and unreservedly in-
OILTRUST BARRED
FROM MISSOURI
Three Subsidiary Companies
Ousted From the
Combine.
ONE HAS CHANCE TO STAY
Waters-Pierce Company May Oper
ate Independently, but Republic
and Standard of Indiana Are
Permanently Dissolved.
JEFERSON CITY. Mo., Dee. 23. De
claring that the Standard Oil. Company
of Indiana, the Republic Oil Company of
Ohio, and the Waters-Pierce Oil Com
pany of Missouri, had conspired and com
bined to monopolize the oil business In
this state, the Supreme Court of Mis-
The evidence has been before the Stat
Supreme Court for a year.
That the decision as to the "Waters-.
Pierce Company represents a compromise
ls shown by separate concurring opinions
filed by Judges Lamm and Oraves, Judge
Lamm holding that the WatersTPierce
Company, should be fined Jl.000.000 instead
of 50,000. Judge Graves' opinion is that
the Waters-Pierce Company should not
be deprived of Its corporate franchise.
He takes this ground to protect the mi
nority stockholders.
The minority stockholders, Judge Graves
said, could not help themselves, and they
should be protected. While Judee Graves
urged a greater punishment for the
Standard of Indiana and the Republic of
Ohio, yet it was due to his influence that
the Waters-Pierce Oil Company was not
absolutely ousted from Missouri.-
The opinion of Judge "Woodson, wheh
was concurred in by the other judges,
states that the record shows that the
Standard Oil Company had been guilty of
unlawful means in the formation of a
trust to control the output of oil and the
prices at which it la eold to dealers.
Trust an Overlord.
Individual investments have been
blighted by the power of the trust and
small refiners and others have been
forced to enter the service of the com
pany as hewers of wood and drawers of
water.
In concluding his report, which covers
00 type-written pages. Judge Woodson
says the action in giving the Waters
Pierce Oil Company time in which to sev
er Its connections with the trust is taken
to protect the minority stockholders.
The evidence, he says, discloses that the
majority interests In the company were
. kw ih. "NTaw .Tpthav PftmnanT. find
that these interests displaced H. Clay
Pierce as presiaent or me wmera-r-ieruo
LABOR LEADERS WHO HAVE BEEN SENTENCED TO PRISON
t, i ni fi i 1 I i .,LUyM ' kKA - - - wa-
dorse what Mr. Gompers said. I would
like his expression to be accepted aa my
own."
Morrison spoke lart. He said:
what Mr. Gomters has said. I am con
scious of doing no wrong or having In any
wav violated any law. and It 1 ray belief
that In every act I hava committed I hava
but exercised my rights under the consti
tution and the lawa of this land.
In commenting upon these remarks, the
court said that there was nothing in them
which would cause him to change the
conclusion he had reached. In fact, de
clared Judge Wright, they but emphasized
the attitude of the defendants which be
had pointed out.
LOCAL- LEADERS SURPRISED
Union Men Denounce Decision of
Court as Unjust. -
Members of organized labor In Port
land expressed considerable surprise yes
terday when they learned of the decision
against Gompers, Mitchell and Morrison.
As a rule, those that were seen declined
to discuss the decree of the court, other
tTian to pronounce It "an unjust restric
tion of the personal liberties of the la
boring classes." Representatives of the
labor organizations here are of the unan
imous opinion that, should the decision be
sustained by the United States Supreme
Court and the sentence of the trial court
enforced. It will tend only to bring or
ganized labor of the country together In
one big organization more than anything
that possibly could have happened.
C. H. Gram, president of the Oregon
State Federation of Labor. Is in South
ern Oregon, while J. F. Cassldy, secre
tary of the same organization, was out
case. T. M. Leabo, ex-secretary of the I
State Federation, yesterday said:
"In the words of Gompers, I am con
vinced that, if it must be. it must be.
While organized labor throughout the
country is disappointed with the decision
of the court, we do not expect either one
of the three men to serve a day of their
sentence. While we regret the adverse
decision of the court, we are satisfied that
no other thing or combination of circum
stances could possibly do more to bring
the laboring men of the country together
on an organized basis than this very de
cision."
sourl today Issued a decree ousting all
the three companies from the common
wealth and fining them $30,000 each.
The decree against the Waters-Pierce
Company ls tempered by the provision
that it may continue in business if, by
January 15, 1909, it can show to the
court that it has taken steps to operate
as an independent concern, and has sat
isfied the judgment against It. The other
companies are given until March 1, 1909,
to wind up their affairs In the state. .
A Menace to Nation.
In coming to its decision, the court
says:
"If such abuses as those complained of
are permitted to continue untrammeled
It would be only a question of time until
they would sap the strength and pat
riotism from the very foundations of our
Government, overturn the Republic, de
stroy our free institutions and substitute
in lieu thereof some other form of Gov
ernment." The principal Indictments against the
companies are:
"That they have created and becoms
members of a combine, first to regulate
fixed control and limit the trade in re
fined products of petroleum sold and of
fered for sale In this state.
"Second, to control and limit the trade
in refined products of petroleum in this
state.
"Third To control, limit and prevent
competition In the business of buying
and selling refined products of petroleum
In this state, between themselves and
others engaged In the like business.
Mislead the Public.
"Fourth. To mislead the public Into the
belief that they were separate and dis
tinct corporations and pursuing an In
dependent business as legitimate competi
tors in the purchase and sale of the pro
duct of petroleum."
The state's ouster suit against the Stan
dard, Republic and Waters-Pierce Com
panies was Instituted almost four years
ago. The evidence was taken In St. Louis
and In New York, where H. H. Rogers,
principal witness, was compelled to
testify before a special Commissioner.
At the same time John D. Rockefeller
was compelled to remain In New Jersey
to avoid subpenas, it being Hadley's wish
to place the "Oil King" on the witness-stand.
Company, because of his persistent effort
to conduct the affairs of the company In
dependently of the Standard Oil Company
of New Jersey, and the Standard of Indi
ana. The punishment, he says, should be
severe enough to meet the crime commit
ted against the state, but the good faith
of the minority stockholders should be
recognized.
CURIOUS REGARDING JAPS
Democratic Senators Would Know
More of Root'8 Entente.
WASHINGTON, Dec. 23. Democratic
Senators have not abandoned their ef
forts to secure more light on the American-Japanese
entente in relation to
the future of China.
This ls indicated by statements made
by Senators Bacon and Money, minority
members of the committee on foreign
relations, that they are not satisfied
with Secretary Root's suggestion to
tho effect that the understanding is
not of binding force upon either gov
ernment The fact that the Republican
members of the committee are unani
mous in support of the position as
sumed by Secretary Root ls likely to
cause the Democratic Senators to bring
the subject before the Senate.
If the Democratic members of the
committee should launch into a discus
sion of the understanding and in their
speeches deal with the foreign policy
of this Government, some Republican
Senator is certain to move that the
doors bo closed and the subject be
treated, as an executive matter.
By forcing Republican members to ask
that the doors be closed the position
of the minority, it ls said, will be
strengthened. It ls assumed by the
Democrats that unless the matters cov
ered by the entente should be the sub
ject of a treaty there can be no good
reason for closing the doors. A dis
cussion of the subject In the Senate
will create an interesting situation.
Linn Has 6045 School Children.
ALBANY. Or., Dec. 23. (Special.)
There are 6945 school children in Linn
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