St. Paul daily globe., 1893-04-19
THE CONSPIRACY CASE
Charged by the Bohn Company
Against the Lumbermen'S
Association.
The Case Ably Argued aud Sub
mitted to the Supreme
Court.

The facts in the case have been
printed before in these columns; but.
lest they should have been forgotten, it
may be briefly stated that the Bohn
Manufacturing company persisted in
selling lumber directly to the consumer.
which is contrary to the custom, If not
the written rule of the association of
which the company is member.
Thereupon w. G. Hollis, secretary
of the association, sent out to
the other members and to people
with whom they transacted busi-
ness circular informing them OF the
action of the Bohn company. The lat
ter applied to the district court for an
injunction restraining Hollis from the
further issuance of any such circulars,
and temporary restraining order was
granted. Pending trial of the main
points at issue, the association applied
for dissolution of the restraining order,
which was denied by Judge Cornish.
An appeal from this order by the de-
fendant association was what came up
court yesterday.
The defendants brief, which was
presented by w. A. Lancaster, set up
that the district court has erred in sew
eral particulars, among which were Its
holding that the Northwestern aSSocia-
tiOn was an organization in restraint of
trade, and therefore unlawful, and that,
even if it were unlawful, the plaintiffs,
by becoming members thereof, had for
feited any right to claim protection
from other members thereof. Several
other exceptions were taken to the rul-
ings of the court, mostly of purely
legal and technical character.
Tne plaintiffs, however, in their argu-
ment, made by Harris Richardson, went
at length into the philosophy of con-
SpiracieS and combinations, and insisted
that the defendant association was Or
ganiZed for the express purpose of in
terfering with the natural laws of trade,
although the defense claims that there
is a legitimate field for the middle man,
and cites in support OF its stand the fact
that many, if not ali, of the leading
wholesale grocery and dry goods dealers
post notices in their stores that mo
goods are sold at retail"
The plaintiffs further allege that the
defendants have entered into a con-
spiracy to damage the property of the
plaintiffs and cite circulars issued by the
associations secretary as Indicative of a
purpose to destroy the plaintiffs trade
with retail lumber dealers. 1t is not
charged that any actual injury of this
kind had been perpetrated at the time
OF the bringing OF the action, but it is
held that it is plainly intended 10y the
course of the association.
This question of intention, which the
defense claim is on the assumption of
the plaintiff, is thus treated by the lat
ter in his brief, after citing several
labor union cases dealing with hoy
cotts," so called:
''ln view of the decision just made by
Judge Taft in the United States circuit
court, and not yetreported, this decision
becomes of great Importance. 1t is true
that in this case the defendants, although
they have as yet only threatened the
plaintiff with damage, have not
carried their threats into execution.
The nature of the threats appeared
clearly; there is no mistaken sound
about them; they mean that unless
plaintiff yields, pays the money de-
manded and ceases to transact business
with consumers, they will stop his buSi-
ness altogether. This is direct attack
upon its property. 1t makes no differ
ence what form of words they use. He
who runs and reads knows instantly
that they mean boycott
After listeDing to the arguments the
court took the case under adyisement.