The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-11-14
PLEADS FOR TIE BOYCOTT.
JUDGE ChLDWEIE,s ENLPHATIo DIS
SEM FROM HTs C0LLBA9UE

"
The Federal Court or Appeals IN %. Eeuis Ne
cisres The Use o. tire Beyeets liberal
Judge Caldwell Presents m Opinien Ar
rniEpinG Capital and RxaitinE LABOR
81. LOUIS, Nov. IA decision hat 10 OF In
forest throughout the country 70 ORGANIZED iaoor
has been rendered in the United States circuit
Court Of Appeals here. The case was heard by
Judges Thayer. Sanborn. and Caldwell. and IN
wolves the legal right Of q labor union 10 resort
to the boycott. According to the opinions or
Judges Thayer and Sanborn. tho boycott Ii not
q legal weapon.
Judge Caldwell, however, takes exception to
tho views Of the o;hor two Judges, ana sets
forth his opinion in emphatic terms. Judges
Thayer and sanborn affirmed the docreo OF tho
trial court prohibiting the defendants from
continuing their boycott against the plaintiff.
The 0 SO was that Of tho Oxler Stavo Com
pany OF Kansas City, Kan, against members OF
the Coopers' Union No. 10 Of Kansas City and
the Trades Assembly Of tho Same place. The
coopers' union enforced q boycott against the
stave company. Judges Sanborn and Thayer
commended that tho defendants had no right 10
form a conspiracy to deprive the plaintiff OF its
own rights to manage Its W business. II SUCH
o thing was lawful then . combination might
DO organized to prevent tho use Of the typeset-
ting machines, presses. hsrvosters, threshing
machines and thousands Of other useful inven.
tions.
In his opinion Judge Caldwell says:
whether organized labor has just grounds
to declare O strike or boycott is not n judicial
question. They are labor's only weapons, and
they are lawful and legitimate weapons, and SO
long as In their use there Is no forcc or threats
Of violence or trespass upon person or prop
f9s aSor,r their ar, use Dot cannot M.ras be, re eSsasep9.
A court Of chancery has no more
in the conduct Of their business than 1t has to
interfere with the business of corporations and
trusts and other combinations OF. capital in the
conduct OF their business. And in the case OF
q strike or boycott, so long as each side is or
DERBY and peaceful. they must be permitted TO
out extending to one party the adventurous aid
A capital seeks to incrcase its power by
Of corporations and trusts. Many Of these COM
b%inations are on q gigantic, scale. Their power
and influence are well nigh irresistible. They
are the employers Of the great mass OF the labor
srs. They are formed solely for pecuniary profit.
q tendency to lessen their dividends. What the
stockholders want is more dividends, and the
best manager is the man who will make them
.'The struggle is constant between the laborcrs
whose Who sn Labor tbd pTod9TSSs s m shs alsIdI is se ana ss0s 10
reduce wages to increase dividends. and tho Ia
borers resist the reduction and demand living
wages. Sometimes the struggle reaches tho
point OF open rupture. When It docs tho only
weapon OF defence tho laborers can appeal to is
the strike or boycott, or both. These weapons
they have an undoubted right to use so long as
they use them in peaceablo and orderly man
ner. This is the only lawful limitation upon
their use. That limitation Is fundamental and
must be observed.
ut as observed in the case at bar to It's full
est extent. II these weapons are withheld from
them. then indeed are they left naked to their
enemies One class of men cannot rely for protec-
ton and the maintenance OF their rights upon
the justice and benevolence of another class
who would reap profit from their oppression"
Judge Caldwell Is particularly bitter with re.
spect TO the use of the word Conspiracy" by
his colleagues in the case.