Evening star., 1907-11-14
PLEA FOR INJUNCTION
--
Stove and Range Company
Against Labor Unions.
ARGUMENTS BEFORE COURT
Federation of Labor Files Reply to
the Original Bill.
SUPPORTED BY AFFIDAVITS
Contention of Petitioners Against
Being Placed in Unfair List.
Federation's Position.
SUPPORTED BY AFFIDAvITs

day by the hearing on the application of
the Buck Stove and Range Company of
St Louis, No, for temporary injunction
against the American Federation Of La
bor. pending the hearing and determina-
tton of the original bill for injunction
filed last August. The st. Louis concern
alleges that great damage will be done Its
business unless the labor organization is
restrained from continuing its name on
the We don't patronize list" 1t also
claims that labor organizers throughout
the country are boycotting the product Of
the Buck Stove Company and may do
irreparable injury to its business unless
the court interVenes.
The answer OF the labor organization to
the original bill admitted the publication
on the unfair list and announced Its de ter
Inination TO continue such publication un-
1ees restrained by legal process.
It conte nded. however. that il act
ing within its legal right, and that the
list was disseminated among its members
oply
Arguments were made by Attorneys J.
J. Darlington of the local bar, Daniel
Davenport of Connecticut and former
Assistant Attorney General James NJ
Beck of the New York bar, on behalf
Of the Buck Stove and Range Company,
of which J. w. Van Cleave is president
Mr.. Van Cleave is also president of the
National Manufacturers Association,
which is said to be sworn enemy of or
ganized labor, and which. il is alleged, re-
Gently appropriated 81 100000 for the pur
pose of mutual protection against organ
ICED labor. The American Federation of
Labor was represented by Attorneys
Ralston & Siddons of the local bar and
T. c. Spelling of New York.
Answer by Federation.
The answer to the rule to show causa
filed today by the labor organization is
extremely brief. the defendants relying on
the aff1davits appended. The answer
reads: Now come the defendants, by
Ralston & Siddons and T. c. Spelling
rule issued against them present ano
make part hereof the amended answer of
the defendants TO the original bill and the
afidavits of Samuel Gompers, Joseph f
Valentine William Brendle. Martin
Brendle Martin Schreiver. Arthur Moran
and George Bechtold-"
The new matter of the amended an
swer Is in refutation of the thirteenth and
sixteenth Paragraphs of the bill of com
platnt. The defendants admit the hold
ing OF convention by the American
Federation of Labor at Minneapolis,
MINI. in November 1906. but deny that
any steps were there had for the purpos
of carrying out any conspiracy. They ad
NIT the Introduction of a resolution pro
Tding for an Endorsement OF the boycott
on the Buck Stove and Range Company.
its reference to the committee on boycott
and afterward TO the executive eounc-..
They deny having circulated or caused to
be circulated a circular complained of
They admit the name of the Buck com
pany and its product were published /,
the I'VE don't Patronize list" in tn
American Federationist. and that 1t ha
SO appeared in the issues for June an
July, 1907. which have been distribute
by the American Federation of Labo
through the mails among affiliated or
ganizations and its subscribers
In further answer the defendants say
the resolution mentioned was introduce
at the convention by George Bechtold O.
behalf of the International Brotherhood
Of Foundry Employees because on re-
peated occasions the Buck Stove anf
Range Company, il is alleged had dis
of the brotherhood for the reason that
they Were such members. In point
fact, it is averred the Buck compa0'
had boycotted and blacklisted every mem
Der of that brotherhood. and the grie
ances Of the brotherhood had become S
acute as to cause the appeal to be mad
for assistance to the American FEEDER
tion Of Labor. On inquiry and invest
CATION, IL is declared the executive coun
ell learned that the attitude of thu CON
pIainant and its president, Mr.. J w. Va
Cleave, toward the brotherhood was sue
that further appeal to him was useles
and having satisfied itself OF the trut
of the statement contained in the reso
luton, it placed the complainant on IL
I'VE don't PatroniZe list
In reference to the sixteenth allegatiO
OF the bill Of complaint the defendant
deny that any OF tn s. defendants hav
made any staten Mt with regard TO tn
Buck company's attitude toward en-
ployes which ives either wholly. Wil'full
or malciously false or in any res e.
false, or that it has mad any statemen
whatsoever for the purpose Of injurins
the complainant in any degree.
Affidavits Filed
The affidavit OF President Samuel Com
pers attached to the bill sets forth that
the word unfair has been In use almos
from the organization of the American
Federation of Labor; that it has always
been used in a modified sense. well under
stood by all members of organized labo.
and by all who have read TO any consid
cradle extent the literature published AM
issued by the American Federation of La
bor and Its constituent orgapiZa tons. II
this restricted sense, he AYERS, the use
the word means that the person, firm 0
company to whom the description unfair
is applied is inequitable and unjust to o:
ganlZed Ia hor. in some respect or TO som
extent. and that such application does no,
irnpute nor do the members of organize
labor in using it and applying it intend Il
impute any unfairness in general conduc
or in dishonesty.
The affidavit of Joseph F. Valentine
president of the International Molders
Union of North America. declares that h
was selected by the executive council {
the American Federation of Labor to en-
deavor 10 bring about an adjustment OF
the existing dispute with the Buck Stow
and Range Company.
Early in the cure Mt year, he said, he
WAS forced TO the conclusion that any at
tempt at direct conference with the man
agsment of the Buck company woul-
prove fruitless. He arrived at this con
Clusion, h5 says. because his investigation
showed that previous attempts at recon
Ciliation had failed because of Mr.. Van
C<eaves alleged opposition TO the recoo
ElJson of or the entering Into a trade
agreement with any organization OF worh
men
George Bechtold. secretary-treasurer OF
the International Brotherhood of Foundr
Employees in his affidavit declares thai
the treatment accorded its foundry EN-
plpyes by the Buck Stove and Range Com
pany a4one would. IN his opilion justify
the placing of the firms name on the wv
don't pauoniZe list" In localities wher
the American Federation OF Labor is or
ganized. he says. manufacturers. recog
mixing and dealing with the members o.
the a. T. of l., have urged again ans
again that steps be taken to force the SO
called unfair" concern TO pay the same
rate of wag S and reduce hours as them
selves He introduced. he states III,
resolution OF boycott in the Minneapolis
convention and then believed. and nov
hafjavaS that the treatment of the Bucl