The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1907-12-20
INJUNCTION IS ISSUED
Federation of Labor's Unfair List
Declared to Be Illegal.
COURT CALLS 1T CONSPIRACY

Justice Gould of the District of CoIum.
bia Equity Court Hands Down De
cision in the Case Brought by the
Buck Stove and Range Company.
Washington, Dec. 1S.-In the case
of the Buck Stove and Range com.
pany of st. Louis against the Amer.
lean Federation Of Labor, involving
the right Of labor to boycott business
houses which labor organizations re-
garded as unfair" to them, Justice
Gould Of the District of Columbia
equity court granted a temporary in
junction asked for by President Van
Cleave Of the Stove company to pro-
hibit the federation from continuing
to boycott the company pending a
final settlement of the case.
A bill in equity was filed by the
company last August for a permanent
injunction restraining the federation
from %boycotting the company and put
ting it on the unfair" list in the fed
eration's official organ and later a
supplemental bill was filed charging
that Notwithstanding the pending pro-
ceedings the federation was still
actively engaged III pressing the boy
colt and a temporary injunction was
asked for.
Judge Gould declared that it was
not surprising that there was so little
difference Of opinion among the courts
upon the question involved and that
the conclusion that such combinations
as that disclosed by the affidavits filed
by the Buck Stove company in this
case were held to be unlawful was
based upon an appreciation of the
fundamental rights Of free men in a
free country.
No Doubt as to the Boycott.
He said there was little room for
argument or discussion Of the question
whether the plaintiff company had
shown the existence of an unlawful
combination and conspiracy to destroy
his business and that the record leaves
~ u GAdC I1lS p1o1llCl1A Ad0 USCQ
and still is the object of a boycott,
using that term Gin the most obnoX-
ious sense, namely, an unlawful con
spiracy to destroy it's business, such
a conspiracy as has received the con
domination Of every federal and state
court in the country before which it
has been brought for criminal action,
legal redress or equitable Injunction"
The case will now proceed to a final
hearing, which is not expected before
early ext spring. The court, in rem
dering it's voluminous findings, eX-
planned that there were several points
which he had not taken up in the
present decision, including the ques.
ton whether the boycott came within
the inhibition Of the interstate COM
e law. Owing to the preliminary
nature of the proceeding there was no
notice of appeal by the council for the
Federation Of Labor.
The court made numerous citations
of decisions in cases involving similar
issues, including reference to rulings
by Judge Taft, the present secretary
of war, then judge of the circuit court,
in the action of the Toledo, ETC.,
railway vs.. Penn company" and pro.
ceedings brought in various states.
Declares Conspiracy Exists.
The court held that the contention
of the defense that there can not be
unlawful combination where each
member thereof might do Individually
the thing contemplated without respon-
sibility to the law has much of plausi-
bility and Seems to evade accurate
analysis" Justice Gould cited au-
thorities, however, to show that a
combination of two Dr. more persons
with such an intent and under such
circumstances that give them when SO
combined a power to do an injury they
would not possess as individuals act
ing Jointly has always been recog.
nized as in itself wrongful and illegal.
AS to the contention that to restrain
the publication of a name on the un-
fair list would infringe the constitu-
tional rights of the defendants and be
assault upon the freedom of the
press and that plaintiffs redress, If at
all, was by action for libel and that
equity would not enjoin the publica-
ton of the libel Justice Gould said:
Cali this would have merit If the
act of defendants in making such pub
lication stood alone, unconnected with
other conduct both preceding and fol.
it. But it is not an isolated
fact, it is an act and a conspiracy to
destroy plaintiffs business, ETC."
The decision quoted from the rec.
ords in contravention of the fedora.
TONS claim that it is a federation of
organizations and has no individual
BY OFFICIAL ORDER.