The Washington herald., 1907-10-29

Presentation Of testimony in the case
of John Bender. an employing baker. who
seeks to secure permanent injunction
against the bakers labor union. and the
Central Labor Union us, TO prohibit them
from exercising a boycott against him
and from including his name in an "un.
fair list circularizing his customers,
and, as he alleges. otherwise annoying
him, was begun yesterday in Equity
Court No. ?. Justice Gould presiding.
This is looked upon as an important
test case Of the right of a labor union
TO wage an active boycott against an
employer maintaining an open shop
and to advertise him as being unfair to
organized labor
The case Of MI Bender against ths
members Of the local bakers union has
been pending for more than q year. The
testimony presented to-day shows that
Mr.. Bender has been baker for eight
cen years, and for number of years
employed union help. Il is his conten-
tion that his employees were so interferred
with by walking delegates that they be-
came restless and inattentive TO their
work. whereUpon he decided 10 make his
place an open shop"
He alleges. through his attorneys. Will
lam Z. Ambrose and John Ridout. that,
following this attitude on his part. the
unions generally in the city placed him
on the unfair list" which meant a COM
plete boycott; and that. in furtherance Of
the boycott. numerous circulars were dis
tributed by various members Of the union,
and of the Central Labor Union. among
his customers and others in the city, Urg-
ing them not 10 patrOnize him because he
was unfair TO union labor.
The testimony Of forty-three witnesses
will be presented 10 the court the sub
stance of the testimony given by these
witnesses being 10 the effect that they
have been in receipt of circulars and have
been visited by various members of the
unions, which have endeavoTed 10 have
them discontinue their patronage OT
Bender Attorneys Ambrose and Ridout
yesterday informed the court that Bender
had lost 40 per cent Of his business on
account Of the efforts Of the unions.
Attorney Leon TObriner, who represent
ed the bakers union and the central
body. yesterday c0ntended that there was
culation Of the notices complained OF, and
that the unions were only acting within
their rights 10 protect themselves, and
that no threats or intimidation Of any
kind had taken place.
The testimony Of Mr.. Kline. Of Hecht
& Co. John Besler. r. Freitag, Edward
Bell. and other merchants, presented yes
terday, was to the effect that each OF
these had received from the union COM
municatiOns which were followed by per-
sonal visits from representatives Of the
unions. the tenor Of the communications
and the visits being that the witnesses
/ ceased dealing with Bender because he
vas unfair 70 labor unions. with an al
/ tentative that, if they did not, they them
/ selves would lose the patronage Of or
ganized labor
! This case. which viii occupy several
/ days in hearing, and is looked upon as
/ being Of the utmost importance, as the
/ decision reached will have far-Teaching
| effect No matter which way the case
/ may be decided by Justice Gould, il is
/ considered a foregone conclusion that 1t
/ Will be carried TO the United States Su-
/ preme Court for final decision.