Morning journal and courier., 1886-05-04
THE DEmURRER ovERRULED.

The Law Is Sufficient and BOycotting
 is Declared IIIegal-Judge Pickesf's
 Written Opinion-A Large Audience
 large audience in the City court room yesterday morning awaited the rendering of Judge Pickett's decision in the case of the State vs. B. F. Glidden, walking delegate" of the Typographical union ct al., who was arrested charged with threatening Mendel & Freedman to intimidate them from advertis- ing in the JOURNAL AND COURIER. A num- Der of well known attorneys at law, and o number of leading business men were in court also about dozen of members of the Typographical union and 8 number of men who are out of work on strikes. On account of the interest in the case and its new features his honor had committed his opin- ion to writing, and read it from the manu- script. Before so doing he said that as it was matter of some considerable impor- tance and involved the considering of many law cases and authorities, he had pre- pared written opinion. It was as follows:
 State vs Benj. F. Glidden, finding on
 demurrer to complaint.
 The statute under which this complaint is brought was enacted in its present form in 1878, while the principal element of the de- fense described in the complaint was un- named if not unknown, but the terms of the statute are general and comprehensive, plain ly designed to prevent and punish the use of threats or any means of intimidation to con- pei any person against his will to do any law full act which he does not desire to do or to abstain from doing any legal act which he at this stage of the case is whether the facts stated and set forth in the complaint and admitted by the demurrer sufficiently describe and charge the accused with an offense known to and pun ishable by the law of the State. The court finds in accordance with the claim of the defense that the use of threats or other means of intimidation to be fairly within the scope of the statute in question, must be threats to do or the actual doing of some illegal act to intimidate and thereby pre- vent a person from exercising his option as and proper acts. The complaint in the first count charges the accused with un- lawfully threatening Adolph Mendel and Isa- dore Freedman, copartners in mercantile business, with intent to compel them, the said Mendel & Freedman, against their will to abstain from the legal right to advertise their business in 8 newspaper known as the JOURNAL AND COURIER, the threat being to the effect that if said Mendel & Freedman did so advertise he the accused, and other persons would ''boycott" them, the said Mendel & Freedman. The term "boycott" Is comparatively new, better understood in this country by operation than description, and so far as is known to the court is de- scribed and defined in permanent literature and in the Encyclopedia dictionary. an Eng fish pathological authority, the principal def milton being as follows, to wit:
 ITO put person outside the pale of the society high and low, amid which he lives and on which lie dopendS; socially to outlaw him, to have ,eangs of any kind with him."
 In this country it is within the common knowledge that the term is a compendious name used to describe series of acts not in the line of lawful competition, commenced and continued by all persons who can be persuaded to join them, to hinder and pre- vent the proper pursuit of lawful occupa- ton or business with intent to injure the corporation, firm or individual against which the boycott is directed. The term ''to boycott" in the opinion of the court, as plainly implies that is an act or series of acts, to be carried on by combina- tion or confederacy of persons, as the term mob implies, the doing of act series of acts by said combination or confederacy.
 The courts is further of the opinion that all confeIeracies whatsoever to prejudice third party are highly criminal under the common law as administered in this State. The court therefore finds that the threat ito boycott" as qualified in the complaint is a threat to do an illegal act well calculated to intimidate, aud that the same is sufficient ly stated and set forth in the first count of the complaint.
 The court further finds that the acts done, and set forth in the second count, were illegal acts calculated to intimidate, and that the same are sufficiently stated and set forth. The demurrer is, therefore, overruled, the accused having the right to plead over to the complaint.
 Following the reading, Judge Pickett in- quired of the counsel what steps they were prepared to take. Professor Platt, counsel for Glidden desired delay and if there was to be lengthy hearing, would give the counsel for the prosecution two days notice to allow them time to call the witnesses.
 Attorney John w. filling in the absence of the city attorney, asked for an early as signment of the case or else declaration of the defendants intention as to whether they would cease continue the boycott. Judge Pickett said that it not necessary for the defense to declare it's intentions in regard to whether or not he would assume the responsi- bility of committing acts which had been de- clared illegal by the court. Professor Platt said that ill some form or other the case would surely be taken to higher court for final settlement. It was finally agreed be- tween himself and Attorney filling to try the case on Saturday. Judge Pickett there fore assigned trial for Saturday morning at 9 o'clock.