Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-12-17
BENDING FINAL SETTLEMENT,
.ch Combinations Unlawful Be-
cause Infringe on Fundamen-
tsI Rights Of Free Men.
,s and Morrison Also Defend
commended ''Unfair List" Inn
.o-ted Discriminative Treatment.

.,...tiygton. Dec. I7.--In the case OF
Stove & Range company Of St
I'D, o.etlnst tho American Federation
i .Iobor. involving the right Of laoo,
,,,.stt business houses which labor
riystions regarded as unfair to
n Justice Gould Of the District OF
-.,,,bia equity court today granted
..,osrary injunction to prohibit the
s.5rstlon from continuing to boycott
y. company, pending a Anal settle
rent of the case
hin ln equity was filed by the COM
INV hast August for a permanent in
--tlon restraining the federation
FL, bovcottlng the company and put
~. g., On the unfair" list In the fed
-.t,or.a official organ, and later a sup
5.-,sntal bill was filed charging that
,.,vtbstanding the pending proceed
80 tho federation was still active
+, engaged in pressing the boycott ana
,emporary injunction, passed upon
t,5ay. was asked for.
DECISIONS CITED.
The court made numerous citations
81 declsions IN cases involving similar
,.cies including references to rulings
j., Judge Taft, the present secretary OF
,,sr tben Judge Of the circuit court In
N, action Of the Toledo Electric Rail
ray VS. pennsylvania company" ana
rrlcesdings brought IN various states
nudge Gould declared that It was not
.,,rrrlsing that there was so little diff
terence OF opinion among the courts
u,o, the question involved and that
fbs exclusion that such combinations
as that disclosed by The affidavits filed
by the Buck Stove company In this
case were held to be unlawful, was
iasod upon an appreciation Of the
fundamental rights OF free men IN a
free country He said there was lit
he room for argument or discussion
of the question whether the platnun
C0mpanv had shown the existence OF
an unlawful combination and conspir-
acy 90 destroy its business and that
the record leaves no doubt that the
plaintiff has been and stlll Is the sub
iect Of a boycott. using that term
unlawful conspiracy TO destroy Its
business, such a conspiracy as has re-
teived the condemnation OF every fed
sral and state court IN the country be-
fore which 1t has been brought Tor
Criminal action legal redress or eqult-
able injunction"
The American Federation of Labor
Is not only a defendant In this case
but also prest. Gompers and Secy
Morrison, Individually, as we'll as nine
others of the executive council Of the
federation and also the electrotypers
moulders and fnishers' union. No. IT,
together with certain individuals conl-
PROMISING its officers and executive
board.
The Buck stove & Range company
which runs an open shop. alleged that
the labor organization placed Its name
ln the unfair" and I'VE don't patron
ize' lists IN the labor publications. and
that the boycott also was carried on
through thousands OF circular letters %
The c0mpanys customers and the pub
DC generally and by threatening the
e0mD1ny's customers with loss OF labor
patronage and business.
GOAiPERs' CONTENTION.
Mr.. Gompers contended that the
"unfalr' list had been In use almost
fI0m the federation's organization; that
e imputed simply inequitable or dis
Tlmluative treatment against organized
labor President Van Cleave OF the
stove company. It was charged. dis
charged as an employe the president OF
a ST. Louis local union and threatened
20 discharge all other members Of tho
union committee OF employees thai
sought TO deal with him. The cour
held that the contention Of the defense
that there cannot be unlawful combiua.
ZION where each member thereof might
do Individually the thing contemplated
without responsibility 10 the law. hal
much of plausihility and Hseems {,
'fade accurate analysis" Judge Goult
cited authorities, however. 20 show thai
clmbination Of two or more persons
with uch an intent and under such
circumstances that give them. wher
.l combined. a power TO DO an injup
I'.N would not possess as Individual
getting Jointly h9H aIurava hgau renuu