The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-09-18
OPEN sEOP avn B0Yc0TT.

The oficlal report has just been puPiishe9
Of an opinion delivered orally from the oencn
some months ago b. United states District
Judge Beatty, while sitting In the Circuit
Court for the Northern District Of California,
In an Injunction suit TO restrain q boycott oy
} q labor umton. The name Of the case IL seattle
Brewing and Mating Company against Hansen
and others. defendants. The case Involved
the usual contest ovss wagsA and the cAsr-
\ acter Of e~mployment.t The union men at
tempted to bring the brewing company TO
terms by circulating notices such az tire Fob
\ owing:
ORGANIZED Labor and Friends; Don't
Drink ScAb Beer"
This particular circular then referred TO
variou kindS Of beer which are charactertzed
% unfair" On this branch OF the care Judge
Beatty makes the following comment:
"The mere use OF the word unfair has q
very distinct meaning In these days; and
when a notice like this Ia put out IL IA almost
In-the nature Of a command. OF course. IL
does not say to the laboriDg people. You
shall not drink such beer, hut, IT, saws: To
Organized Labor and Friends: Don't use this
beer These ORGANIZATIONS tn the way they
are trained. for they are A. well trs'ned as
any military force. understand theSo FuleS
and know what they mean. The very use
OF tina term unfair has q distinct meaning
to them. and II is In the nature Of q direction
TO the members OF these organizations not to
use that beer, and 1t is also an intimidation
TO those who are dealing in it. II gives them
TO understand that that beer will be boy
cotted: that IL Is unfair and will be bOycotted.
That would deter parties from usifgfc or desl-
ing in II. There are Q number OF that kind
Here is another one: Guard Your Health by
Refusing TO Drink Unfair Beer Then it
proceeds to name the beer that 10 unfair and
IL includes among others the beer OF the COM
| p~lainant. All those thing are what would
be now termed under the law a boycott l
need not 20 into the definition Of that. We
generally understand what II means. But
those things tend unfairly to Obstruct the
business Of the complainant, and in that far
these defendants are Wrong. and t b the
duty OF the Court to restrain them from dotns
anything that will interfere with the COM
plainant's BUSINESS"
Judge Beatty accordingly issues his decree
enjoining the defendants in their illegal acts.
The Court also states Its views on the open
shop" in no uncertain. terms and dismisses the
sentimental plea for The downtrodden labor
ing man as unwarranted by the circumstance
Of the case. The opinion continues:
1T n one Of the objects OF the union labor
ers to have none but their own people engage
In these different employments, which 10 one
Of the contests here. They desire that the
complainant shall employ only union men.
while the complainant desires to enforce
what is termed the open shop That con-
test rs clearly outlined by the record. and not
only does IL appear that such IL the contention
OF the defendants, but that this originated
in a distant part Of the continent. at Gin
c~innati. where the hrst order or promuigs-
tions we're made against the complainant.
. " " Internationally the complainant has
= the right to say who its laborers shall be and
how II shall employ them. 1t has the right
20 manage its own business. 1t cannot com
pei the defendants to work for II according
to it's terms: but IL has a right to ssy how its
business shall be operated. On the contrary
the defendants have a right to say whether
they will accept those terms or not. II they
can procure terms Of their OWE that are better
for them and can do Il in a peaceful way. they
have that right. There is no question about
that"
Judge Beatty next meets the argument
which Ia In fact an appeal to sympathy, a
follows:
There Ia a statement " that II ID
the desire OF the defendants to better theiI
condition. and that Ia what they are aiming
to do. He 1.-THE sfiantl devotes a page or tive
TO that, moralizing on the downtrodden con
ditiOn Of the laboring people and the oppres
sion Of the employers, all OF which l think Il
out Of place. lido not think that the laborert
are downtrodden. nor do l think that the EN-
ployers aim to be Oppressive. but IL Ia a con
test between them, each ons doing what h
can IOr NE O"h u0uVht' W SOnNON
by everybody that II Ia commendabIe In
laborinR people 20 endeavor to better thet
condition, both morally. physically anC
financially, and obtain the best prices thel
can for their iAbor and upon the most con
venient terms for themselves. That is con
coded by everybody. But In doing that they
too often, l think. forget one thing. They
forget that they must attain their object
BY legal and proper means. They must no
undertake. what they desire to the injury o.
at the expense Of other people. thinl
that il what they have attempted to do in thI
case