The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-09-01
BOYCOTT UPHELD
DECISION BY THE DISTRICT or
COLUMBIA SUPREME COURT.
Justice stafford Holds mat Organise
LAber Has the Right 3 o Can On no
ErieOds 60 Withheld Patronage From
Those VINO Refuse 90 Employ Th~na.

Nah&AD EHDA3
Those VINO Refuse 10 Employ Tbeua.
WASHINGTON, Aug. N.-The right OF tia
boycott Is upheld in a decision handed
down to-day by Justice Stafford Of the
District Supreme Court. The decd sion
was made in the case Of John Bender, q
baker. who applied to the Supreme Court
Tor relief from alleged ~annoyances imposed
upon MIN by members Of local organised
labor. Justice Stafford holds that organ
lied labor may patronize whom il pleases
or withhold its patronage from any one
II it sees At to do so.
Some time & Bender. who runs an
open shop" bakery, fled a petition in the
Supreme Court Of the District asking that
the Central Labor Union, as an o~rganiza-
ton, and it's officers severally and colleo-
lively, and also Union No. lis, Bakery
Union, and its officers jointly and individu-
ally be restrained from interfering in his
conduct Of his business.
In his decision to-day Justice Stafford
refuses to enjoin the labor unions as asked
by Mr.. Bender and discharged the rule
issued against the officers OF the o~rganiza-
tons. After discussing the matter in all
It's different bearings Justice Stafford said:
After all it is a question Of individual lib
erty. 1t il such a principle that the plaintif
invokes. and it il upon such a principle that
the defendants rely for their defence.
The plaintiff has a right to conduct his BUSH
ness in his own way without coercion. without
Intimidation, exactly as he shall conclude 10
for his own interest TO act. The defendants.
jointly and severally, are entitled to the same
privilege, They have the right to sell theiE
labor to whom they will and withhold 10 from
whom they will. They have the right 10 patron
lie whom they will AMI to withhold their
patronage from whom they will II seems 10
the Court that they have q right to call upon
their friends and sympathi1ers to withhold
their patronage from one who refuses TO en-
ploy them. their friends and sympAthizers
being let free TO answer the appeal ~ they
believe their own interests to dictate. So
long as all parties concerned are left free to
follow their own choice as they decide their
self interest dictates II seems to the Court.
that there has been no infringement upon the
personal liberty Of any one.
The Court says the defendants Admit a
combination. but do not divulge its pur-
poses; but the only rational explanation
OF their conduct Is that they have combined
to show Bender that he cannot conduct a
profitable business with non-union help
thereby compelling him to employ union
men. To illustrate = lawful combination
Just &c Stafford gives the following ex.
ample:
n one maqufactpres a certain brand Of
dealers in Hour that they cannot AFFORD to be
without HIS brand. II might even ~ 90
his interest to convince dealers In -four that
they could not AFFORD to deal in any other brand.
IL he could persuade all consumers Of douR
to buy only his brand, he could compel dealers
10 buy only his brand for sale. however much
they should prefer to sell some other brand.
Continuing Justice Stafford said what IN
lawful for one person to do is not made
unlawful when done by a number Of per-
sons or an association representing q num-.
Der Of individuals. Where the purpose to
be accomplished ia lawful and the means
used are legal, IL matters not that many
persons are engaged in doing a thing instead
OF one individual.