gompers bucks stove range argued decided may proceeding reverse judgment finding samuel gompers john mitchell frank morrison guilty contempt violating terms injunction restraining continuing boycott publishing statement boycott buck stove range company contempt case grew litigation reported app necessary briefly refer facts set record american federation labor composed voluntary associations labor unions large membership publishes american federationist wide circulation among public tion samuel gompers president editor paper john mitchell vice president federation president mine workers one affiliated unions frank morrison charge circulation paper federation difference hours labor buck stove range company van cleave president also president american manufacturers association controversy hours work resulted boycott declared buck stove range company thereupon declared published american federationist patronize lists company filed district columbia bill federation defendants named officers alleging defendants entered conspiracy restrain company state interstate business pursuance boycotted published unfair lists threats also coerced merchants others refrain buying buck products fear boycotted continued deal company result boycott prevent persons dealing greatly lessened business caused irreparable damage lengthy hearing december signed temporary injunction became effective bond required given december order published margin ordered american federation labor samuel gompers frank morrison john mitchell agents servants attorneys confederates persons acting aid conjunction hereby restrained enjoined final decree said cause conspiring agreeing combining manner restrain obstruct destroy business complainant prevent complainant carrying without interference interfering manner sale product complainant factory business defendants person firm corporation declaring threatening boycott complainant business product factory person firm corporation engaged handling selling said product abetting aiding assisting boycott printing issuing publishing distributing mails manner copy copies american federationist printed written newspapers magazine circular letter document instrument whatsoever shall contain manner refer name complainant business product patronize list defendants agents servants attorneys confederates person persons acting aid conjunction contains reference complainant business product connection term patronize list phrase word words similar import publishing otherwise circulating whether writing orally statement notice term patronize attention complainant customers dealers tradesmen public boycott complainant business product declared purchased dealt handled dealer tradesman person whomsoever public representation statement like effect import thereafter testimony regularly taken march injunction made permanent provisions almost identical temporary order december final decree defendants appealed fore decision buck stove range company began contempt proceedings filing district petition entitled stove range company plaintiff american federation labor et defendants equity alleging petitioner cause original bill complaint naming defendants among others samuel gompers frank morrison john mitchell record testimony original cause made part petition follows hereby made original bill exhibits filed answer amended answer defendants testimony taken sides original order restraining enjoining defendants pendente lite final decree cause every paper proceeding cause institution suit filing petition prayed may taken read part thereof hearings petition whether appeal decision herein rendered publications charged violation terms temporary injunction dated december others alleged violation final decree dated march petition set nine distinct paragraphs speeches editorials publications made different times several defendants charging instance continued intended continue boycott republish fact complainant list concluded alleging devices means speeches publications set forth contempt defendants disobeyed orders violated injunction prayer defendants required show cause attached contempt adjudged contempt order decree cause punished petitioner may relief nature case may require signed buck stove range company van cleve president also sworn president company signed solicitors rule show cause issued requiring defendants show cause adjudged contempt punished defendants answered oath treating contempt proceeding part original cause admitted allegations history litigation paragraphs petition greater accuracy refer record cause publications admitted explained defendants denied oath disregard contempt order denied acts charges complained constituted violation order several issues fact much evidence taken related question intent whether purpose plan evade injunction might granted also issue whether john mitchell put resolution convention mine workers whether samuel gompers frank morrison rushed mailing january issue american federationist december avoid injunction dated december became operative giving bond complainant december also whether thereafter sold circulated copies issue containing buck stove company patronize lists evidence taken partly deposition partly examiner chancery defendants called witness complainant testified facts allegation intent evasion based publications speeches resolutions accused made petition alleged constituted act disobedience contempt made special finding two nine charges found three defendants guilty several acts charged paragraphs respondents gompers morrison guilty several acts charged paragraphs respondent morrison guilty acts charged paragraph respondent gompers guilty several acts charged paragraphs finding concluded fully advised premises day december considered said respondents samuel gompers frank morrison john mitchell guilty contempt said disobedience plain mandates said injunctions therefore ordered adjudged said respondent frank morrison confined imprisoned jail district columbia period six months said respondent john mitchell confined imprisoned said jail period nine months respondent samuel gompers confined imprisoned said jail period twelve months said imprisonment said respondents take effect including date arrival said respective respondents said jail day defendants entered appeal allowed bail fixed notice defendants complainant moved amend supplement decree awarding costs defendants proceedings contempt motion granted order recited consideration motion complainant filed cause award costs contempt proceedings said cause defendants samuel gompers john mitchell frank morrison argument solicitors respective parties motion granted ordered complainant buck stove range company recover defendants named costs said contempt proceeding taxed clerk execution therefor law parties also entered stipulation material portions follows purpose avoiding unnecessary cost matter appeal defendants samuel gompers john mitchell frank morrison judgment contempt proceedings entitled cause stipulated approval appeals record cause buck stove range american federation labor et al may read either party appeal said contempt proceedings far may relevant material like effect said record original cause embraced transcript appeal said contempt proceedings stipulation signed counsel defendants buck stove range company petition contempt proceeding answer orders final decree amended decree stipulations entitled original cause stove range company american federation labor samuel gompers john mitchell frank morrison et al appeal papers appeals district certiorari entitled gompers john mitchell frank morrison appellants buck stove range company december defendants found guilty contempt day appealed march appeals rendered decision favor buck stove company appeal decree march found decree respects erroneous modified accordingly decision parties appealed buck stove company contending error modify respect american federation labor et al contending appeals erred reversing setting aside whole decree granting injunction subsequently came heard appeals district columbia appeal decree contempt proceeding hearing buck stove range company moved dismiss appeal evidence incorporated bill exceptions claiming criminal proceeding governed practice applicable law cases motion resisted defendants contended contempt proceedings part equity cause case governed equity practice whole record examined appeal appeals held proceeding criminal contempt want bill exceptions examine testimony must treat findings fact judge conclusive limit consideration question whether matter law petition charged finding found acts amounted violation injunction held facts alleged constitute good charge contempt defendants found guilty least one acts disobedience constituting violation injunction contempt held conviction must sustained ruling put ground general verdict guilty conviction sentence indictment containing several counts bad must stand good sustain sentence therefore refused examine evidence determine whether proof sufficient sustain conviction also declined consider sufficiency charges petition defendants also found guilty affirmed judgment district defendants thereupon applied obtained writ certiorari appeal cross appeal original cause buck stove range company american federation labor heard together argument appeared parties settled differences ground questions moot dismissed appeals ed sup following disposition appeals day contempt case called argued counsel buck stove range company counsel samuel gompers frank morrison john mitchell alton parker jackson ralston frederick siddons william richardson john walker petitioners darlington daniel davenport respondent justice lamar making foregoing statement delivered opinion defendants samuel gompers john mitchell frank morrison found guilty contempt making certain publications prohibited injunction district columbia sentenced imprisonment twelve nine six months respectively proceeding prosecuted reverse judgment order alleged violated granted equity suit stove bange company american federation labor others issued injunction restraining defendants boycotting complainant publishing otherwise making statement buck stove range company patronize lists months later complainant filed petition cause alleging three defendants named parties original cause contempt violation order disobeyed injunction publishing statements either directly indirectly called attention fact buck stove range company list thereby continued boycott enjoined defendants filed separate answers oath denied contempt disregard orders statements complained constituted violation order argument contended publication construed amount violation injunction punished therefor must possess jurisdiction parties must authority render particular judgment insisting therefore abridge liberty speech freedom press defendants claim injunction whole nullity contempt proceeding maintained disobedience provisions general special last proposition sound unnecessary go examination case determine whether defendants fact disobeyed prohibitions contained injunction ex parte rowland ed enter upon discussion constitutional question raised general provisions injunction terms restrain form publication defendant attack part injunction raises question abridgment free speech involves power equity enjoin defendants continuing boycott words signals printed spoken caused threatened irreparable damage courts differ constitutes boycott may enjoined hold must conspiracy causing irreparable damage business property complainant hold boycott complainant combination persons immediately connected business restrained others hold secondary boycott enjoined conspiracy extends injuring complainant secondarily coerces attempts coerce customers refrain dealing threats unless boycotted others hold boycott enjoined unless acts physical violence intimidation caused threats physical violence whatever requirement particular jurisdiction conditions injunction boycott may issue facts exist strong current authority publication use letters circulars printed matter may constitute means whereby boycott unlawfully continued use purpose may amount violation order injunction reynolds divis mass sherry perkins mass davis new england pub mass brown jacobs pharmacy gray building trades council ann cas lohse patent door fuelle mo thomas cincinnati inters com fed continental ins fire underwriters fed beck railway teamsters protective union pratt food bird barr essex trades council eq atl see also ludwig western teleg ed sup bitterman louisville ed sup ann cas board trade christie grain stock ed sup scully bird ed sup bill case alleged complainant interstate business restrained relief asked provisions sherman act contention sound circumstances enjoin boycott spoken words printed matter used one instrumentalities made effective even interstate commerce restrained means blacklist boycott printed device accomplish purpose notwithstanding stat chap comp stat act provides commerce unlawfully restrained shall duty attorney general institute proceedings equity prevent enjoin violations statute loewe lawler ed sup ann cas statute held apply unlawful combination resulting restraint interstate commerce case damages sued occasioned acts among things include circulation advertisements principle announced general covered illegal means interstate commerce restrained whether unlawful combinations capital unlawful combinations labor think also whether restraint occasioned unlawful contracts trusts pooling arrangements blacklists boycotts coercion threats intimidation whether made effective whole part acts words printed matter protective restraining powers extend every device whereby property irreparably damaged commerce illegally restrained hold restraint trade sherman antitrust act general principles law enjoined means restraint accomplished enjoined render law impotent society organization object organizations social religious business legal purposes law therefore recognizes right workingmen unite invite others join ranks thereby making available strength influence power come association virtue right powerful labor unions organized fact lawful form bodies multitudes members means thereby acquired vast power presence individual may helpless power unlawfully used one met except purchasing peace cost submitting terms involve sacrifice rights protected constitution standing rights appealing preventive powers equity appeeal made duty government protect one many well many one case unlawful conspiracy agreement act concert signal published gives words patronize similar expressions force inhering words therefore exceeding possible right speech single individual might circumstances become called acts much subject injunction use force whereby property unlawfully damaged facts cases warrant jurisdiction parties power grant injunction passing consideration question whether defendants disobeyed injunction therefore guilty contempt met objection want bill exceptions must treat decree conclusive fact disobedience examine petition finding determine whether one charges finds acts constitute contempt view adopted majority appeals treated criminal proceeding refused examine testimony affirmed judgment analogy rule general verdict guilty upon indictment containing several counts bad conviction reversed one good count warranting judgment rule originated cases finding guilt jury sentence judge cases presumption judge ignored finding jury bad counts sentenced sufficient sustain conviction room presumption trial judge made general finding defendants guilty one decree adjudged defendant respectively guilty nine independent acts set separate paragraphs petition found guilty separate acts consolidated sentence without indicating much punishment imposed disobedience particular instance suppose found defendants guilty act charged unless considered amounted violation injunction suppose found guilty nine specific acts impose punishment instead therefore affirming judgment one good count reversed appear defendants sentenced count law fact constitute disobedience injunction making investigation insisted proceeding law criminal contempt findings fact trial judge must treated conclusive investigation must limited solely question whether matter law acts alleged disobedience set finding constitute contempt contention part buck stove range company prevents consideration case merits makes necessary enter discussion questions less technical whether proceeding equity law results controlling depend upon proper classification becomes necessary carefully consider whether case law criminal contempt evidence examined want bill exceptions case equity civil contempt whole record may examined appeal proper decree entered contempts neither wholly civil altogether criminal may always easy classify particular act belonging either one two classes may partake characteristics bessette conkey ed sup either event whether proceedings civil criminal must allegation contempt defendant disobeyed order prayer attached punished therefor fact punishment rather character purpose often serve distinguish two classes cases civil contempt punishment remedial benefit complainant criminal contempt sentence punitive vindicate authority true punishment imprisonment may remedial well punitive many civil contempt proceedings resulted imposition fine payable complainant also committing defendant prison imprisonment civil contempt ordered defendant refused affirmative act required provisions order either form substance mandatory character imprisonment cases inflicted punishment intended remedial coercing defendant refused decree cases defendant stand committed unless performs affirmative act required order example defendant refuse pay alimony surrender property ordered turned receiver make conveyance required decree specific performance committed complied order unless special elements contumacy refusal pay comply order treated rather resistance opposite party contempt order imprisonment class cases therefore vindicate authority law remedial intended coerce defendant thing required order benefit complainant imprisoned aptly said nevitt fed carries keys prison pocket end sentence discharge moment previously refused hand defendant commanded disobedience thing accomplished imprisonment undo remedy done afford compensation pecuniary injury caused disobedience sentence limited imprisonment definite period defendant furnished key shorten term promising repeat offense imprisonment operates remedy coercive nature solely punishment completed act disobedience true either form imprisonment also incidental effect case civil punishment purely remedial also vindication authority hand proceeding criminal contempt imprisonment solely punitive vindicate authority law complainant may also derive incidental benefit fact punishment tends prevent repetition disobedience indirect consequences change imprisonment merely coercive remedial solely punitive character vice versa fact purpose punishment examined view determining whether civil criminal recognized doyle london guarantee acci ed sup said true fine imposed made payable opposite party compliance order relieves payment event final judgment either fine imprisonment proceeding party compliance order avoids punishment nothing nature criminal suit judgment imposed public purposes upon defendant criminal proceeding bessette conkey ed sup nevitt fed howard durand phillips welch distinction refusing act commanded remedied imprisonment party performs required act act forbidden punished imprisonment definite term sound principle generally universally affords test determine character punishment case alleged contempt consist defendant refusing affirmative act required rather prohibited possible remedial relief disobedience impose fine use complainant measured degree pecuniary injury caused act disobedience rapalje contempts wells oregon nav sawy fed north bloomfield gravel min sawy fed sabin fogarty fed found defendants done injunction prohibited thereupon sentenced jail fixed terms six nine twelve months relief whatever granted complainant buck stove range company took nothing decree appeals correctly held sentence wholly punitive properly imposed proceeding instituted tried criminal contempt question character proceedings generally raised appellate determine whether case reviewed writ error appeal bessette conkey ed sup may involve much mere matters practice notwithstanding many elements similarity procedure punishment differences two classes proceedings involve substantial rights constitutional privileges without deciding may rule civil contempt certain proceedings criminal contempt defendant presumed innocent must proved guilty beyond reasonable doubt compelled testify boyd ed sup jose fed state davis crim king ohio biss fed cas sabin fogarty fed drakeford adams another important difference proceedings civil contempt original parties instituted tried part main cause hand proceedings law criminal contempt public defendant part original cause appeals recognizing difference held part equity cause buck stove range company american federation labor said order finding defendants guilty contempt interlocutory order injunction proceeding separate action one personal defendants defendants one side vindicating authority app view concur find nothing record indicating proceeding properly government one side defendants contrary contempt proceedings instituted entitled tried moment sentence treated part original cause equity buck stove range company nominal actual party one side defendants buck stove company acted throughout complainant charge litigation counsel acting name made consents waivers stipulations proper theory proceeding right equity cause representative prosecuting case criminal contempt appears also sole party opposition defendants counsel name filed briefs made arguments favoring affirmance judgment appeals distinctly held part equity cause proper set detail facts subject appear record first place petition entitled samuel gompers et al samuel gompers et proper according decisions necessary proceedings law criminal contempt mere matter form manifestly every citizen however unlearned law mere inspection papers contempt proceedings able see whether instituted private litigation public prosecution whether sought benefit complainant vindicate authority left doubt whether relief punishment object view entitled informed nature charge know charge suit cruikshank ed inasmuch therefore proceedings civil contempt part original cause weight authority effect entitled therein practice hitherto unsettled respect treat controlling fact considered along others done worden searle ed sup determining similar question thus considering find petition instituting contempt proceeding entitled main cause stove range company plaintiff american federation labor et defendants equity answers defendants every report examiner chancery every deposition motion stipulation every order including final decree amended decree uniformly entitled equity cause pleadings original cause testimony oral written reference petition made part contempt proceedings trial judge quoted largely oral testimony thus introduced bulk severity character sentence indicate largely influenced evidence disclosed great damage done complainant business boycott injunction issued argued defendants answers concluded statement questions criminal quasi criminal intent involved jury better qualified pass issue judge event opinion charges sworn away moved issues fact framed submitted jury motion inconsistent theory proceeding civil contempt equity strict accord practice questions fact may referred chancellor jury determination proceedings civil contempt complainant successful entitled costs rapalje contempts evidently theory civil proceeding governed rules applicable equity cause buck stove range company moved amend decree award costs argument solicitors parties motion granted adjudged complainant recover defendants costs said contempt proceeding ruling doubt correct civil case granted proceeding criminal contempt costs usually imposed addition imprisonment awarded go government use officers held justice miller circuit durant washington county woolw fed cas another important particular parties clearly indicated regarded civil proceeding complainant made defendants witness company required tify thing likely done suffered either party regarded proceeding law criminal contempt provision constitution person shall compelled criminal case witness applicable crimes also penal proceedings boyd ed sup account distinct ruling contrary appeals importance results flowing proper classification detail discussed facts appearing record showing parties treated proceeding part original equity cause case doubt might justify determination question accordance mutual understanding parties procedure adopted another controlling fact found brief sufficient prayer petition concludes already shown classes cases must allegation proof defendant guilty contempt prayer punished classification depends upon question whether punishment punitive vindication authority whether remedial way coercive imprisonment compensatory fine payable complainant bearing distinctions mind prayer petition significant determinative setting detail acts alleged disobedience petition closes following prayers defendants show cause adjudged contempt punished petitioner may relief nature case may require case government case petitioner may relief authority may vindicated buck stove range company asserting rights public seeking relief nature case may require asked defendants forced pay fine government punished confinement jail doubt punishment pure simple sought hand prayed impose fine payable buck stove range company language left doubt remedial punishment sought different principle instead praying specifically fine payable asks generally relief nature case may require either event prayer appropriate civil proceeding granted form relief petitioner entitled act disobedience consisted refusing ordered prohibited injunction coercive imprisonment therefore relief nature petitioner case admitted imposition fine payable buck stove range company therefore procedure adopted punishment imposed answer prayer remedial relief equity cause imposed punitive sentence appropriate proceeding law criminal contempt result fundamentally erroneous action assault battery judgment entered defendant confined prison twelve months sentence criminal contempt erroneously entered proceeding part equity cause necessary set aside order imprisonment examine testimony thereupon make decree proper according practice equity causes appeal upon examination record appear defendants fact law guilty contempt charged important duty render decree serve vindicate jurisdiction authority courts enforce orders punish acts disobedience sparingly used yet power courts punish contempts necessary integral part independence judiciary absolutely essential performance duties imposed law without mere boards arbitration whose judgments decrees advisory party make judge validity orders issued act disobedience set aside courts impotent constitution fittingly calls power mere mockery power uniformly held necessary protection insults oppression ordinary exercise duty enable enforce judgments orders necessary due administration law protection rights citizens bessette conkey ed sup general recognition fact courts clothed power must authorized exercise without referring issues fact law another tribunal jury tribunal authority first instance power enforce orders disregarded independent investigation without authority act promptly independently courts administer public justice enforce rights private litigants bessette conkey ed sup congress recognition necessity case also declared rev stat comp stat courts power punish fine imprisonment contempts authority including party lawful order said courts amplitude power warning use discretion command never exert necessary proper reason proceed case unnecessary improper make decree contempt proceeding hearing appeal cross appeal original cause injunction issued appeared statement counsel open complete settlement matters involved case buck stove range american federation labor therefore declined consider case become moot two appeals dismissed ed sup main case settled every proceeding dependent part also necessarily settled course without prejudice power right punish contempt proper proceedings worden searls ed sup separate independent proceeding law criminal contempt vindicate authority public one side defendants way affected settlement parties equity cause made private litigation shown proceeding equity civil contempt remedial relief possible fine payable complainant company prayed relief nature case may require main cause terminated settlement differences parties complainant require entitled compensation relief character present proceeding necessarily ended settlement main cause part bessette conkey ed sup worden searls ed sup state nathans criminal sentences imposed civil case therefore set aside judgment appeals reversed case remanded directions reverse judgment district columbia remand case direction contempt proceedings instituted buck stove range company dismissed without prejudice power right district columbia punish proper proceeding contempt committed reversed footnotes ordered order shall full force obligatory binding upon said defendants said officers members agents servants attorneys confederates persons acting aid conjunction upon service copy thereof upon solicitors solicitor record cause provided complainant shall first execute file cause surety sureties approved one justices thereof undertaking make good defendants damage suffered sustained reason wrongfully inequitably suing injunction stipulating damages may ascertained manner justice shall direct dissolving injunction may give judgment thereon principal sureties said damages decree dissolving injunction