The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-06
VICTORY FOR THE BOYCOTT
BE Virtually Decides the locked-0u t Men Have
aRightto Issue Boycotting Circulars Against
the Com binafion of Manufacturers

NEw YORK, April SIN the arena Of liti-
CATION labor and capital were arrayed face
TO face to-day. and go close that each con-
tending antagonist might we'll nigh feel
the others breath In the struggle. Justice
Barrett. regarded as one of the cleanest
and squarest judges of the Supreme Bench,
acted as the umpire and arblter.
The arguments upon the order granted
last week by Judge Lawrence. directing
the United Garment Workers to show
cause why they should not be restrained
from sending out boycott circulars to
customers of the Clothing Manu-
facturers Association. were begun to-day
before Judge Barrett in the Supreme Court
chambers. Colonel johnson. of Hoadley.
Lauterbach x johnson. appeared for the
manufacturer. Herman Fromme for the
striking cutters and John w. Golf for the
American Federation of Labor. After some
argument a. to whether there was an IN
junction out against the defendants or
merely on order to show cause, on when
point Mr. EromIne appeared 60 De con-
fused, Judge Barrett disposed of the mat
ter by saying that he would permit the
copy of the undertaking TO be served ana
hled at once II necessary.
Mr.. Cot then showed TO the court that
che papers contained only q general aileRa-
ton that the American Federation OF
Labor had conspired with the other de-
fendants 10 do certain THU Is. but
did not SET out any overt acts showing how
and IN what way the federation had en-
gagged In q conspiracy. Nh. johnson tried
to get Mr.. Cot 10 stIpulate Tor his client
that IL would have nothing to do with tho
boycott. and said that he was not In q way
TO keep the federation In a fight. Mr.. Colt
insisted that In the absence OF a case
against It on the face of the papers the
L.. a.-x-.
without condition. rhe absence from the
Injunction papers of any specific charges
against the r federation having been made To
appear clearly, Judge Barrett then denied
body. Mr. Golf then retired, having tri-
umphsntly borne his client out of the liti-
cation.
Colonel johnson then stated the case
against the garment workers. laying stress
OF the fact that the acts sought TO be en-
Joined were endangering the safety of mil
lions of capital invested by his clients in
yheir business. He read the clrculars Is
sued by the garment workers. Mr. FrOmme
then outlined his defense. as follows: That
tne plaintiffs came seeking equitable inter
venrion with uncIean hands. They
had deceived the court. for if there be any
conspiracy to do an illegal act the plaintiffs
were leagued together to Injure the de-
PENDANTS. The sending of boycotting clrcu-
lars canno be stopped by q court of equity.
unless they are libelous; and it has been
decided in this State that no injunction
will lie against workmen on strike. unless
they are using force, intimidation or
threats. whereas the circulars complained
of were persuasive only. Further. the
complaint was demurred to because of the
improper joinder of sixty or seventy MANN
facturers as plaintiffs IN one suit. The
trouble between the parties was then told
briefly, MI. FrOmme stating that the cut
ters were locked out because they would
not agree TO abandon their labor orRaniza-
tion. As a result. COL persons were thrown
Tut of work.
CONSPIRACY AMONG EMPLOYERS.
Mr.. johnson, in reply. said that nine
tenths OF Mr.. Fromme's assertions were
false.
Judge Barrett inquired: d You dispute
that resolution of the manufacturers lock-
ing out the union men"
There is no dispute as to the ground of
It," said Mr.. Johnson"
Then, were not those people, continued
the Judge. discharged by a resolution
passed by q conspiracy on the part OF the
plsintiffss"
Colonel Johnson having given his ac-
CONT of the troubles between the cutters
and manufacturers, Judge Barrett re-
marked: Those very disputes make 1t ev-
ldent that there was q warfare"
None at all" interposed the lawyer.
"idon't know what you call q warfare"
replied Judge Barrett, but IL seems TO me
that your clients. after %conspiring to ex-
clude the defendants from employment,
have come into q court of equity to ask
that the other side be stopped from using
their only weapon"
But IT'S an unlawful weapon" said the
lawyer.
If the circular in itself is unlawful"
continued Judge Barrett. then would not
your clients be left an action at law or to q
n.minal p~rorecutiouf"
To show tat they were not compelled to
resort to these latter remedies. MIR. johnson
attempted to cite Judge Taft's decision
against the engineers the other day. Judge
Barrett said, however, that the principle
of that decision had no application to the
present controversy as 1t was rendered un-
der the interstate act.
Mr.. johnson then cited copiorsly from
the opinion in Casey against Cincinnati
typographical Union No. 3d., reported
two years ago, where Judge Sage, IN the
United States Circuit Court. upheld an in
junction restraining the Issue of o ycottin
circulars against u %nonunion newspaper
Office. Coming TO the point as to the i'm
proper joinder of plaintiffs, Mr.. Johnson
bgaiD seemed to labor with the Judge at o
disadvantage. He said that If necessary.
according TO the rules. he would bring a
separate action In bshalf of each plaintiff
IN order To litigate on ITS merits the ones