The Glenwood post., 1907-12-21
BOYcOTTING ENJoINED.
Court Grants An Injunction Against
American Federation of Labor.


American Federation of Labor.
Washington.-In the case of the
Buck Stove & Range Company at st.
Louis against the American Fedora
tion of Labor involving the right OF
labor to boycott business houses which
labor organizations regarded as "un-
fair" to them, Justice Gould of the
District of Columbia Equity Court
Tuesday granted a temporary injunc'
tion asked for by President Van
Cleave of the stove company to pro-
hibit the federation from continuing
to boycott the company, pending fl
nal settlement of the case.
The American Federation of Labor
is not only defendant in this case,
but also President Gompers and Sec
retary Morrison, individually, as well
as nine others of the executive coun-
Gil of the federation, and also the
Electrotypers', Molders' and Finish
ers' Union No. II, together with GER
tain individuals comprising its officers
and executive board.
The Buck Stove & Range Company,
which runs an open shop, alleged that
the labor organization placed its name
ou tIe anu we upi po'ioi
ize" lists in the labor publications,
and that the boycott also was carried
on through thousands of circular let
ters to the company's customers and
the public generally, and by threaten
ing the company's customers with loss
of labor, patronage and usiness.
Mr.. Gompers contended that the
unfair" list had been in use almost
from the federation's organization;
that it imputed simply inequitable or
discriminative treatment against or
ganized labor. President Van Cleave
of the stove company, it was charged,
discharged as an employe the presi-
dent of ST. Louis local union, and
threatened to discharge all other mem
bers of the union committee of en-
ployes that sought to deal with him.
The court held that the contention
of the defense, that there cannot be
unlawful combination where each
member thereof might do individually
the thing contemplated without re-
sponsibility to the law, has much OF
plausibility and seems to evade accu'
rate analysis" Justice Gould cited au-
thorities, however, to show that
combination of two or 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
acting Jointly, has always been recog-
niZed as in itself wrongful and ille-
gal.
A S 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
an 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-
ion of the libel, Justice Gould said:
"All this would have merit, if the
lct of defendants in making such pub
ication stood alone unconnected with
>ther conduct both preceding and fol
lowing it. But it is not an isolated
fact; it is an act of conspiracy TO de-
stroy plaintiffs business" etc.
The decision quotes from the rec.
ords in contravention of the fedora
tion's claim that it is federation OF
organizations and has no individual
membership. This conspiracy orig
mated, the court said in the action
by the Metal Polishers local No. Is
In st. Louis in the fall of 1906, a body
federated with the American Fedora
tion of Labor, through the Interna-
| tional Polishers' union When this
body acted it did not use the term
boycott" but the more euphonistic
| terms of unfair" and I'VE don't pat
ronize." But the court holds that what
ever the term used, the boycott was
the effect intended and ''in fact that
the terms means the same thing in
] the OTOcpdllrp of the federation does
not seem doubtful"