Rocky Ford enterprise., 1907-12-27
eoYcoTTINo eNJolNED.
Court Grants An Injunction Against
American Federation Of Labor.

Court Grants An Injunction Against
American Federation Of Labor.
Washinston.-In the case OF the
Buck Stove & Range Company Mt st.
Louis against the American Fedora.
ton 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 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 u H.
nal settlement OF the case.
The American Federation OF Labor
is not only u Defendant In this case,
but also President Gompcrs and Sec.
rotary Morrison. individually. ns well
as nine others Of the executive couh.
ell Of the federation. and also the
ElectIotypers'. Molders and Finish
ers' Union No. II. together with Ger.
tain Individuals comprising Its officers
and executive board. ... ....-..f .
The Buck Stove & Range Company.
which runs an open shop. alleged that
the labor organization placed Its name
on tho unfair" and 1--WE don't patron
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
D H~n, h. N...la l...s.5 10 af lan
that II Imputed simply incquitabic or
discriminatIve treatment against or
Fanixed labor. President Van Clcav"
Of the stove company. II was charged.
discharged N mn cmpioyc the pTcsi'
dent Of a St. Louis local union. and
threatened to discharge all other mcni'
befs Of the union commiiic. OF en-
pioycS that sought to deal with him.
The court held that IN" contention
Of the defense. that there canno, be
unlawful combination where each
member thereof might do indiv idunily
the thing contemplated without re.
sponsibiiiiy to the law. has much of
piausibiii'y and seems to cyadc accu
rnic anniyris.'' Justice Gould cited au
ihoriticn. however. To show that
combination Of two or more persons
with such nm intent and under such
circumstances that rivc them. when
"a combined. n power to do mn injury
they woul' not possess M individuals
acting jointly. has always been r-cos'
nircd an In itself wrongful aud ilic'
rnl.
/ AH To the contention that To rcnirain
the publication of = name ON the I'M
fair list would infrinI. the consiiiu'
tionnl rights Of the defendants and b''
an assault upon the freedom of the
press. and that plaintiffs redress. u at
Ill. WAS by action for libel. and that
equity would not cnjoin the pubiica.
Ion of the libel. Justice Gould said:
''Aii this would have merit. II the
tct Of defendants In making such pub.
,ication stood alone. uucouncctcd with
other conduct both preceding and fol.
lowing II. Hut II is not m isolated
fnct: II Is an nc, OF conspiracy to de-
stroy piainiia's business" etc.
The decision quotes from the rec
ords In eoniravcntion of the fedora
lions claim that Il In federation of
organizations and has no Individual
membership. This conspiracy orir'
mated. the court said IN the action
BY the Metal Poiishcrs local No. II
In 81. Louis In the fell Of 1906. q body
federated with the American fcd-ra'
tion of Labor. through the inicrnn'
tion1i Polishcrs' union. When this
body acted Il did not use the term
boycott" but the more cuphonisiic
terms Of unfair" and we don't pat.
ronisr." hut the court holds that what
ever the term used. tho boycott WAS
the effect intended. aud in fact that
the terms means the same thinr IN
the procedure Of tho federation does
Not seem doubtful