The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-11-20
The BOYCOTT.
Il Is Decided to Be Illegal by SaGra-
meltO Judge.

SACRAMENTO, Nov. 19.-Judge Armstrong
to-day in the Bees boycott case granted the
restraining order asked for, forpidding the
boycotters doing any of the acts complained
of, tending to injure the business or the prop
erty of the paper. The order is made to in
clude also advertisements in the newspaper
and printed circulars. The decision was the
most exhaustive one perhaps ever made in a
boycott case, considered from the statutes
and common law s:andpoints. Section 170S
of the Political Code says every person is
bound to abstain from the injury of the per-
son or property of another, or infringing on
his rights. The q, cd will of a business is
property under sections 800, 655 and 963 of
the Civil Code. Defendants are responsible
for all acts tending to lnlure business, if
done intentionally-CivilC Code, 1714. Boycott
ting is an offense against common law in
this country, as well as elsewhere (Ameri-
can authorities and decisions quoted. The
acts OF defendants are certainly unlawful
and infringed the rights of plaintiffs. No
injury can be done defendants by Injunction
as their acts are illegal and derive no benefit
from them. Defendants claim the right to
speak and the right to print what they will
under the State Constitution. but the same
section says theJ are responsible for the
abuse of that right. Defendants are iDsol-
vent and cannot pay damages. If they can
not be restrained, plaintiffs are not guaran-
teed the right OF acquiring, possessing and
protecting their property guaranteed by the
Constitution. If plain ifs have no redress
then there is no security for property and
rights. The injunction is granted as prayed
for.
The case is entitled James McCla,chy &
Co. VS.. g. w. Mckay ct al, and was brought
by plaintiffs, who are proprietors of the
Evening Bee, against a number of promi-
of fba
graphical Union and Council of Federated
Trades, who were conducting systematic
boycott against the paper 10 induce 1t to
accede to the terms of number of striking
employees. The immediate cause of the
strike was the discharge by the Bee, on
October 10th, of a steietyper who, it was
claimed, had broken his contract and had
badly used the machinery in his charge.
The stereotyper had joined the local Typo
graphical Union, "hich demanded his rein
statement, declaring he was discharged
simply because of his unionism; that the
charges against him were false, and that
his place had been given to a non-union
man. The Bee claims to have since shown
that the new stereotyper is a Union man, and
that the charge Of abuse of the machinery
was founded on all experts report. The
managers Of the paper refused to accede
to the demands of the Union, and the
composing force, with the exception of one
man and the foreman, walked out on the
morning OF the 18th. Since then the Union,
with the assistance of the Federated Trades,
has endeavored to have advertisers and sub
scribers to discontinue their patronage of
the paper, and have had regular committees
canvass the city, and have published three
times week publication in the interests of
the boycott, besides adopting other similar
means in an endeavor to t rec the Bee 10
terms. The plaintiffs then brought suit
fur damages done, ard asked for an ORD er
restraining the boycotters from doing any of
the acts complained OF. temporary re-
straining order was granted pending the
hearing of the case. Defendants asked that
the complaint be set aside and the temporary
restraining order vacated, declaring they
had done nothing which they had not a per-
feet right to do under the laws of the State,
and that no restraining order should issue in
any event. Judge Armstrong heard argu-
ment on this point for three days ana nights,
plaintiffs being represented by Judge S. G..
Dense and Add c. HinksoD, and defendants
by Grove i. johnson and ex-Judge ]. G.
Mcguire. The case goes at once to the legal
ity of the b0ycott and as it is the first case
of the kind brought to issue o. this Coast,
the decision was looked forward to with
general interest.