New-York tribune., 1907-12-18
COURT BARS BOYCOTT.
GIANTS An INJUNCTION.
Ruling against Federation, OF LABOR
;u Ruc5 .SfoUe Case.

-x-..n-,o- Dec IA decision OF far feach-
s.+.arce IN labor and business interests
throughout the country was annoufceu 'o-""'
bv Justice Gould, OF the Equity Court oi '"e
District of Columbia. 1t enJolns the Am i0a
1,.saro,;or of Labor. with it's membership OF
two million or more. from ooycotung lhe D">p
Stove and Range Company of St LOUIS ana
60, ,,-,,,ire IN its official organ the companys
oane in Unfair and I'VE don't patronize
lists The decision arraigns the actoh oi 'he
federation as an illegal conspiracy
There will be argument before Justice 'ouiu
tomorrow over q proposition OF counsel TOT tiie
federation that the courts order putting the IN
junction decision into effect limit In express
terms its application TO the District or Coiuni-
bia Counsel for the plaintiff company VIII op-
pose this
The Injunction granted to-day while OF
temporary character was ellowed in decision
!, which yustice Gould exhaustiveIy reviewed
the case made copious citations OF authorities
quoted precedents as TO boycott definitions, and
said there was no room for argument as TO the
conspiracy alleged being established The ques-
ton OF a permanent injunction probably VIII
come up next spring Whichever side wins IN
tie anal settlement the case il is believed Will
he appealed to the Supreme Court of the Chlled
States
Justice Gould pointed out that he had not. in
of the boycott under the Sherman antitrust
law or the interstate commerce act. ]. H. Raj
stor Of counse, for the federation. said the IN
junction was a temporary one, and that so Ear
as the Sherman law or the interstate conrnelce
law WAS concerned. that question having oeeh
raised in the proceedings. he regarded the de-
cision as affecting that phase of the case a VIC
tory fer the defence Ex-Assistant Attorney
General Beck. for the prosecution. SAID the oe-
cision was q sweeping victory for the opponents
the boycott
Justice Could granted permanent fnjunctions
sn the cases of Bender sgt- the Bakers and Con
fectiopers' Union and of Lawton agt- the Inter
national Carriage and Wagon Workers, two local
cases. which the court decided along the same
lines as the Buck Stove case
CALLS IT UNLAWFUL CONSPIRACY.
Justice Gould. in answering his ruling in the
main case made numerous citations of decisions
in cases involving similar issues. including ref
erences 20 rulings by Judge Taft, the present
Secretary of War. then Judge of the Circuit
Court, IN the action of the Toledo etc. Railway
ag Pennsylvania Company, and proceedings
brought in various states. He declared 1t was
not surprising that there was little difference
OF opinion among the courts upon the question
involved His decision that such combinations
as that disclosed by the affidavits filed by the
Buck stove Company were unlawful was based
upon an appreciation of the fundamental rights
Of free men in a free country
He said there was little room for argument
whether the plaintiff company had shown the
existence Of an unlawful combination and con-
spiracy 20 destroy his business. and that the
record Leaves doubt that the plaintiff has
been and still is the object of boycott, using
that term in the most obnoxious sense, VIZ: An
unlawful conspiracy to destroy its business
such conspiracy has received the condera
nation Of every federal and state court in the
country before which It has been brought for
criminal action. legal redress equitable In
junction"
The American Federation o. Labor is not only
named as defendant IN this case. but also
are President Gompers and Secretary Morrison.
Of the federation individually we'll nine
others of the executive council of the fedora
tion. individually. and also the Electrotype
AIolders' and F1nishers' Union No. i. together
with certain individuals comprising its officers
end executive board.
Mr.. Gompers contended that the unfair list
had been in use almost from the federation's
inoeption: that it imputed simply inequitabIe
discrminative treatment against organized
labor. President Van Cieave OF the stove COM
pany &c was charged. discharged as an ernploye
the president of a St. Louis local union and
threatened 10 discharge all other members Of
the union committee employees who so"~lt to
deal with him.
The court held that the contention Of the
defence. that there cannot be unlawful combina-
tion where each member thereof might do in
dividuaily the thing contemplated without r.
spoRsibility to the law. has much plausibi li.y
and seems TO evade accurate analysis" JUS
tice GoIld cited authorities, however to show
that combination Of two or more persons with
such intent, and under circumstances that
give them when combined a power TO do
injury they would not possess as individuals
acting jointly. always has been recognized as
in itself wrongful and illegal.
ATTEMPT TO DESTROY BUSINESS.
As to the contention that TO restrain the pub
fcation of name on the unfair list would
infringe the constitutional rights Of the defend
ants and be assault upon the freedom of
the press. and that plaintiffs redress If at all
by action for libel and that equity would
enioin the publication Of the libel Justice Gould
said:
All this would have merit If the act of de-
PENDANTS in making such publication stood alone