Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1903-04-25
6HERWOOD DECISION:
THE SUPREME COURT OF MISSOURI,
~ ON BOYcOTTING.


: ~ ON 6oycoTT,NG.
Freedom of Speech and Of Press
uAdeF State Constitutional Ruling
Which In of Importance to Organ
lzed Labor.
The Marx & Haas Jeans Clothing
company of st. Louis sought by in
junction to prevent Watson and his as
soclates from declaring or enforcing a
boycott against it by inducing it's GUS
tomers and others who might become
such to deal with it to the injury of its
business. A temporary injunction was
granted, but on a hearing in the st.
Louis circuit court this injunction was
d1ssolved and the petition dismissed.
Inc company then appealed to the su-
preme court, which affirmed the action
OF the court below.
Marx & Haas had had trouble with
their clothing cutters for some years,
resulting first in boycott by the
knights Of Labor in 1895 and again in
a boycott undertaken by a joint board
OF the Knights of Labor and the Unit
ed Garment Workers of America affil-
lated with the American Federation of
Labor. In furtherance of this latter eff
fort circular reciting at some length
the various difficulties and grievances
was issued and distributed freely
among the patrons and possible patrons
OF the firm. This circular concluded:
I'VE are positive we have proven to
you the justice of our position, and we
hope 1t will not be necessary to inform
the labor and reform organizations
with which we are affiliated who are in
your locality, as We are satisfied we
have convinced you that the stand we
have taken in this case is a just one
and will command the support of all
lair minded men. We therefore request
you to write to Messrs. Marx & Haas
and inform them that you would re-
quest them to settle the dispute with
their employees, or otherwise you can
not afford to handle their goods as long
as they are antagonizing organized la
Dor, who are your friends and custom
ers. By doing this you will aid US in
getting simple justice from this more
than unfair firm. Should this firm make
"A settlement with us, you will be in
formed of the fact under the seals Of
the joint organizations. Until such
time we trust there will be no report
made to our office that Marx & Haas
have shipped you any more goods.
Kindly inform us what action you
take In this matter, and any further
Information you may desire will be
cheerfully furnished by writing to
headquarters Of joint executive board,
:911 Pine street, St. Louis, No.
In addition to the sending Of this cir
~cular committees visited various mer-
chants in st. Louis and vicinity to pre-
sent the matter more fully, and in some
Instances threats were made by men,
'bers of these committees that the pat
ronage Of the boycotters and their
friends would he withheld from certain
merchants unless they discontinued
their business dealings with the cloth
1ng company. In no instance, however,
were there threats of resort to violence
asr unlawful. intimidation
The petition Of the clothing company
concluded with the request that 1.-The
defendants, their associates. confeder-
ates. agents and representatives, be en-
Joined and restrained by a temporary
order of injunction, to be made final
upon the hearing of this cause. from
bOycotting or making effectual, pro-
mulgating or in anywise proclaiming
ANY boycott upon or against the plain
tiff or it's goods, and from sending, con-
veying or delivering III any way to any
person, firm, corporation or associa-
ton any boycott notice, verbal or 9TH
serwise, referring to the plaintiff or it's
goods and from in any way menacing,
hindering or obstructing the plaintiff
from the fullest enjoyment Of all the
patronage, business and custom which
it may possess enjoy or acquire indie
pendent of the action of the said de-
PENDANTS or any Of them
Judge Sherwood announced the opin-
ion Of the court. After stating the
above facts and reviewing the evil
dence given before the court below, he
disposed of the question Of the jurisdic-
ton Of the supreme court in the case.
Proceeding to the point in issue, he
said:
"Section IA of our bill of rights de-
clares that no law shall be passed i'm
pairing the freedom of speech; that ev-
cry person. shall be free to say, write
or publish whatever he will on any
subject, being responsible for all abuse
Of that liberty The evident idea of
that section is penalty or punishment
and not prevention. Because. if pre-
vention exists, then no opportunity can
possibly arise for one becoming respon-
sible by saying, writing or publishing
whatever he will on any subject The
two 1deas-the one of absolute freedom
to say, write or publish whatever he
will on any subject coupled with re-
sponsibility therefor, and the other idea
Of, preventing any such free speech,
free writing or free publication-can-
not coexist. And just here it must be
observed that the right Of free speech,
free writing or free publication was
not created by the constitution, which
recognizes those rights as now existing
and only seeks their protection and per-