Legal Opinion · Dissent

Re Gompers

Court of Appeals for the D.C. Circuit

Decided May 5, 1913No. 2477Published

Hearing on an appeal by the respondents from three separate judgments of the Supreme Court of tbe District of Columbia convicting them of contempt of court and imposing a punishment. The Court in tbe opinion stated the facts as follows: This is an appeal from three separate judgments of the supreme court of the District of Columbia adjudging appellants, Samuel Gompers, John Mitchell, and Frank Morrison, respectively, guilty of contempt of court.

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Hearing on an appeal by the respondents from three separate judgments of the Supreme Court of tbe District of Columbia convicting them of contempt of court and imposing a punishment. The Court in tbe opinion stated the facts as follows: This is an appeal from three separate judgments of the supreme court of the District of Columbia adjudging appellants, Samuel Gompers, John Mitchell, and Frank Morrison, respectively, guilty of contempt of court. The cases were tried together, and, by stipulation, brought here upon the same record. The appellants will be referred to hereafter as respondents.…

1DissentChief Justice Shepard

I regret that I cannot concur in the opinion of the majority of the court, and shall state the grounds of my dissent as briefly as practicable.

The question of first importance is whether the criminal contempt charged constitutes an offense against the United States, and is therefore subject to the bar of the statute of limitations. In my opinion such a contempt does constitute ' an offense against the United States. It was so regarded by the Supreme Court of the United States in the earliest ease upon the subject,—Ex parte Kearney, 7 Wheat. 38—43, 5 L. ed. 391-392. In that case a writ of…

2Cases cited25 opinions

  1. United States v. BallSupreme Court of the United States · 1896
  2. Brown v. WalkerSupreme Court of the United States · 1896
  3. Ex Parte TerrySupreme Court of the United States · 1888
  4. Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
  5. SavinSupreme Court of the United States · 1889

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