The Birmingham age-herald., 1907-12-18
Far Reaching Decision Rsn-
 dsrsd By Judge Gould
INJUNCTION IS TEMPORARY
The Merits of the Case Will Not Be Further Tested Until Next Spring. Federation of Labor and It's
 President Affected.

Washington, December H.--Of far-reach- ing importance to labor and business in- terests throughout the county was the de- cision reached today by Justice Gould of the equity court of the District of Co., lumbia, enjoining the American Fedora ton of Labor, with its membership of B. 0o0,0O0 or more. from boycottnig the Buck Stove and Range company of St. Louis and of printing in It's official organ the company's name in unfair" and i've don't patronize" lists and the decision ar raigns the action of the federation as an illegal conspiracy.
 Tomorrow there will be an argument before Judge Gould over a prosposition of counsel for the federation that the court s order putting the injunction into effect limit in express terms its application to the District of Columbia. Counsel for the plaintiff company will oppose this.
 Judge Gould pointed out from the bench today that he had not in his decision taken up the question of inhibitation of the boycott under the Sherman antitrust law or the interstate commerce act.
 Attorney J. H. Ralston Of counsel tor the federation said tonight he had no opinion to express regarding the situation except that 1t was a temporary one and that in so far as the Sherman law or the interstate commerce law, which ques- tion had been raised in the proceedings, was concerned, he regarded the decision
 
 tory for the defense.
 Former Assistant Attorney General Beck for the prosecution regarded the decision as sweeping victory for the opponents of the boycott.
 Judge Gould also handed down two opinions granting permanent injunctions in the case of Render aganist the Bakers against the International Carriage ana Wagon Workers. two local cases. which the court decided along the same lines as the Buck stove case.
 History of Suit.
 A bill in equity was filed by the Buck Stove and Range company last August for a permanent injunction restraining the federation from boycotting the com pany and putting it on the unfair list in the federation official organ and later a supplementary bill was filed charging that notwithstanding the pending proceed ings the federation was still actively en- gagged in pressing the boycott and a tenn porary injunction, passed upon today, was asked for
 The case will now proceed to final hearing which is not expected before early nRYt SnrlnR The court in rendering It's voluminous finding, explained that there were several points which had not been taken up in the present direction, in- cluding the question whether the boycott came within the inhibition of the inter state commerce law. Owing to the pre- liminary nature of todays proceedings there was no notice of appeal by the counsel for the Federation of Labor.
 The court made numerous citations of decisions of cases involving similar is- sues, including references to ruling by Judge Taft, the present secretary of war, then judge of the circuit court, and proceedings brought in various states.
 Judge Gould declared that 1t was not surprising that there was so little dif- ference of opinion amond the courts upon the question involved and that the con- clusion that such combination as that disclosed by the affidavits filed by the BUCK SIONt cOfIlpdHy III tiiiS CdsC Wclc held to be unlawful was based upon an appreciation of the fundamental rights of free men in free country He said there was little room for argument or discus sion whatever the plaintiff company had shown the existence of an unlawful com bination and conspiracy to destroy his business, and that the record leaves no doubt that the plaintiff has been and is still the object of boycott using that term in the most obnoxious sense, viz: An unlawful conspiracy to destroy its business, such conspiracy as has re- ceived the condemnation of every federal state court In the country before which it has been brought for criminal acton. legal redress or equitable injunction.
 Many Defendants Named.
 The American Federation of Labor Is not only named as defendant in this case but also President Gompers and Secre- tary Morrison of the federation. indi- vidually as well as nine others of the executive council of the federation in- dividually and also the Electrotypers and Holders and Finishers' union, No. IT, together with certain Individuals com prising its officers and executive board.
 The Buck Stove and Range company, which runs an open shop, alleged that the labor organizations placed It's name on the ''unldiT anu we 0On pdtiohiZc lists in the labor publications and that the boycott was also carried on through thousands of circular letters to the com pany's customers and the public generally and by threatening the company's cus- toners with loss of labor, patronage and business.
 Mr. Gompers contended that the "un- fair" list had been in use almost from the federation's organization; that 1t i'm puted simply inequitable or discriminative treatment against organized labor. Pres ident Van Cleave of the stove company, 1t is charged, discharged as an employe the president of St. Louis local union and threatened to discharge all other members of the union committee of em- ployes that sought to deal with him.
 The court held that the contention of the defense that there cannot be unlaw- full combination where each member thereof might do individually the thing contemplated without responsibility to the law has much of plausibility and seems to evade accurate analysis"
 Authorities Quoted.
 Justice Gould cited authorities. how ever, to show that combination of two or more persons with an intent and un- der such circumstances that give them when so combined a power to do an in- jury they would not possess as individuals acting jointly, has always been recog-