Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-10-30
NOT READY YET.
THE BOYCOTT CASE GOES OVER FOR
ONE WEEK.
Attorney johnson Desires to Thoroughly
Prepare Himself-It Will Be
Heard on Affidavits.

The injunction suit of James McClatchy
against Mckay and others, to restrain them
from boycotting that journal, was called in
Superior Judge Armstrong; Court yester-
day afternoon.
s. G. benson appeared as counsel for the
plaintiffs and Grove L. Johnson for the de-
| PENDANTS.
Mr.. Johnson asked the Court for a con-
| tinuance of the hearing to some future date
for several reasons. He said he had not
seen the complaint until Monday after.
| noon. and was not prepared to go on with
the case. He said his clients would be the
only ones to suffer from the delay, and he
did not see why the other side should have
any objections. The action would be an
important one, and he wanted time to thor
oughly prepare himself.
Attorney benson was opposed to con-
tinuance, saying that he considered the
matter one that should be heard as soon as
possible. He said the defendants had ex.
pressed themselves as ready for the fight,
and he had supposed that their attorney
had prepared himself.
Judge Armstrong suggested that Saturday
would be good day to hear the cause, as the
calendar would be free from other cases I;
next week the Court would be kept pretty
busy, and he feared that the case could not
be reached.
Mfr. benson remarked that the case could
not be finished on Saturday. but Mr.. John
son disputed this, saying that as affidavi:s
instead of testimony would be taken, much
time would be saved.
Mr.. benson did not like the idea of not
taking any oral testimony, remarking that
| he did not see how they could get along
without it.
Before the date of trial was agreed upon
Mr.. benson took occasion to remark that
his clients had resorted to legal proceedings
in order to avoid trouble as much as pos
sible. They hoped to be treated fairly. and
also hoped that the defendants would not
violate the temporary injunction ordered
| by the Court. Some of them, he claimed,
had violated the Courts order in publish
| ing in the Trades Union, the words, Boy
colt the Bee"
Attorney johnson said he did not see
anything so unusual in the case as to alarm
the plaintiffs. 1t was q simple suit COM
menced by newspaper people. They came
into Court with uplifted hands, crying out
1 LOT inc COurl u ueIp tueiu OUT OI tDelr
| trouble-sayins that their business was be-
ing injured and may be ruined if the de-
PENDANTS are not stopped. 1t was no more
| than any other plaintiffs had set forth in
cases in which the Courts had seen no occa-
sion for undue haste. As far as the injunc-
ton was concerned, Mr.. Johnson said he
| was confident that not one of his clients
had violated the order of the Court. They
were all intelligent men, understood the
| English language and knew what the law
| was. II would not be necessary to give
| them any instructions. OF course, said he,
! they could not control other people-bad
men-if the latter saw fl to worry the
plaintiffs, but he would vouch that not one
| of those named as defendants in the suit
had done anything or would do anything,
in violation of the order of the Court.
| Judge Armstrong said the case would
| have to be heard on affidavits first. Then
he glanced over his calendar and asked the
attorneys if they would be ready on Novem-
Der 9th.
| Both agreed on this date, and formal
order was made continuing the case. Judge
Armstrong notified all witnesses to be
present on that day, and admonshed the
| defendants to remember that the temporary
injunction would remain in force until the
case was disposed of.