St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-04-06
DECIDED FOR LABOR
Gotham Clothing Manufact-,
urers Defeated in a
Legal Battle.
The Injunction Against the
Federation Of Labor Dis
solved.
Resolution DiScharging the
Cutters Passed by a Con-
SpiPacy.
Cutters Can Now Go Ahead
and Issue Boycott Cir
culars.

arrayed face TO face, aud SO close mat
each contending antagonist might we'll
nigh feel the others breath in the
struggle. The meeting was held today
where Justice Barrett, regarded as one
of the cleanest and sQuarest judges
of the supreme bench, should
act as the umpire and the arbiter
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 Manufact-
urels' association were begun today be
fore Judge Barrett i'll supreme court
chambers. Col. Johnson, OF Hoadley,
Lauterbabh Il Johnson, appeared for
the manufacturers and Herman Fromme
for the striking cutters.
Before proceeding TO discuss the main
question. Mr.. Fromme called the atten-
ton of the court TO the fact that when
Judge Lawrence's order was served
upon the defendants whom he repre-
SCENTS, it was not accompanied by copy
of the bOnd-Which the law requires a
party
Obtaining an Injunction
TO give as a guaranty that he will make
good the damages suffered by the other
partv by means of the injunction, i'll
case the Injunction should not hold in
the final event.
John b. Golf. appearing for the
American Federation of Labor. pre-
secuted a number of similar preliminary
objections. after apOlOgiZing for doing
so. After some argument as TO Whetner
there was an Injunction out against the
defendants or merely an order to show
cause, on which point MI Fromme APP
peared 10 be confused, Judge Barrett
disposed of the matter 10y saying That
he would permit the copy OF the under
taking to be served and filed at once,
il necessary. Mr.. Golf then showed
to the court that the papers con-
tanned only a general allegation that
the American Federation of Labor had
conspired with the other defendants to
do certain unlawful things, but did not
set cut any overt act showing how and
in what way the Federation had EN-
gagged in any conspiracy. Mr.. johnson
tried TO get Mr.. Golf to Stipulate for his
client that it would have nothing to do
with the boycott, and SAID that
he was not anxious to keep the
Federation in the fight. Mr.. Golf,
however, insisted that in the absence of
case against against it OH the face of
the papers. the federation was entitled
to be dismissed without condition. The
absence from tie injunction papers OF
any specific charges against the fedora
ton having been made to appear clearly,
Judge Barrett then
DenIed the Motion
for an Injunction against that body.
Mr.. Golf then retired, having triumph
antly borne his client out of the lltlga-
ton.
Col. johnson then stated the case
against the garment workers, laying
stress on the fact that the acts sought to
be enjoined were endangerlng the
safety of millions Of capital invested by
his clients in their business. he read
circulars issued by the garment workers.
Mr.. Fromme then outlined his defense,
as follows: That the plaintiffs came
seeking equitable intervention with I'M
clean hands. They had deceived the
court. for if there be any conspiracy
to do all illegal act, the plaintiffs
were leagued together 10 injure the de-
PENDANTS; the sending of bOyc0tting
circulars cannot be stopped by a court
of equity. unless they are libelOus; ano
it has been decided III this state that nc
Injunction will lie against the wOrkmer
out on a strike unless they are using
force, intimidation or threats, whereas
the circulars complained of were per
suasive only. Further, the complain
was demurred to because of the I'M
proper joinder of sixty or seventy man
ufacturerS as, plaintiffs in one suit
The trouble between the parties was
then told briefly, MIR. Fromme stating
that the cutters were locked out because
they would not agree to abandon thei
labor organizations. AS result larg'
number of persons were thrown out u
work.
Mr.. johnson. in reply, said that nine
tenths of Mr.. Fromme's assertions wer
false. Judge Barrett inquired:
The Manufacturers Resolution.
do you dispute that resolution O
the manufacturers locking out til
union men?'
There is no dispute as to the grOun
of it." said Col. Johnson.
"Were not those people," continue
the Judge, discharged by a resolutio
passed by a conspiracy on the part {
the plaintiffs"
Col. johnson. having given his a.
count of the troubles between the en-
tiers and manufacturers, Judge Barre
remarked:
Those very disputes make 1t evidel
| that there was warfare"
Not at ALL" interpOsed the lawyer.
81 don't know what you call wa
fare" replied Judge Barrett, but
| seems to me that your clients, after co
| spring to exclude the defendants fro
! employment, have come INTO a court
! eopity 10 ask that the other side
stopped from using their own weapon
But It is an unlawful weapon" sa
the lawyer.
If the circular in itself is unlawful
continued Judge Barr5tt, 'then won
not your clients be left an action at la
or to n criminal prosecutiOn?"
To show that they were not col
PEELED to resort to these latter remedie
MIR. johnson attempted to cite Jud
Taft's decision against the enginee
the other day. Judge Barrett said, no
1 CNCLs Cllot iiiC piAaiSipiN Va hiA"% NSSAS4'
Has No Application
to the present, controversy, as 1t W
rendered under the inter state col
merce act. Mr.. johnson then cited {
plously from the opinion in Gas
against Cincinnati Typographical Uni
| No. 8, reported two years ago. whe
Judge Sage. in the United States c
cult court, upheld an injunction restra
ing the issue of boycotting circul;
against q non-uuion newspaper Off
Coming to the point as to the improI
. joinder of plaintiffs, Mr.. johnson az;
seemed to labor with the judge at d
advantage. lie said that, if necessa
according to the rules, he would bri
, a separate action in behalf of ea
} plaintiff in order to lItigate on its m
: | its the question whether capital a
employers have any rights that la
? | rCanizatiOns are bound to respect.