The Washington herald., 1907-08-20

In an effort to break the boycott de-
clared by the American Federation Of
Labor against the Buck Stove and Range
Company, Of St. Louis, suit was begun
here yesterday. by attorneys for that
company. asking the court to enjoin
the labor organization, its officers. and all
its members from maintaining its unfair
list.
The action was begun by James n
Beck, former Assistant Attorney General;
J. J. Darlington. of Washington; and
Daniel Davenport of Bridgeport, Conn,
acting as attorneys for the Buck Stove
and Range Company.
While only this firm is named in the
petition. the contentious may be said
to be representative of the attitude Of
the American manufacturers, who are
giving the suit at least their moral sup
port. 1t is regarded as the beginning Of
a sharp struggle TO determine the legality
OF the boycott and to decide once for all
whether or not the big labor organization
has a right to use its influence in
manner detrimental to the interests Of
the employers.
National Association Interested.
As an indication of the significance Of
the suit, 1t may be pointed out that J. S.
Van Cleave. the president Of the Buck
Stove and Range Company, IS also presi-
dent of the National Association OF
Manufacturers. and that the steps being
taken by his company viii naturally re-
ceive the sanction of that organization.
The issues are set forth in the petition, as
follows:
AT the convention of the Federation of
Labor at Minneapolis. last year, the
executive counsel of the federation was
instructed to place on the unfair list
the Buck Stove and Range Company.
This was done, ostensibly. on complaint
of the Brotherhood of Foundry Employees
that the company had Disseminated
against it by discharging its members be-
cause they belonged to the union.
The company claims that il never heard
of such a union OF brotherhood. and
never discharged any person on such
grounds Furthermore, the company as
serts. Samuel Gompers announced IN his
official organ. the Federationist. that the
company had been placed on the unfair
list after an attempt had been made at
settlement. The company denied having
received such overtures for a settlement.
Federation Orders Boycott.
The executive council Of the federation
ordered the boycott. and in March a cir
cuiar was sent to all the unions through
E,a
Stove and Range Company had been
placed on the unfair list In consequence
of this action. il Is claimed that in over
one hundred OF the two hundred cities
where the boycotted firm does business
the unions sent committees 10 threaten
the dealers with loss Of their patronage if
they. persisted I'm selling products of the
prescribed concern.
Attention is called in the petition to the
fact that under this method Of attack,
all the members of the Federation Of
Labor, numbering over 2,OOO,oOO can be
aligned against the concern on the unfair
list. In view of this fact the petition
asks the court TO rule on three points, as
follows:
Whether such a boycott IS a conspiracy
al lESAAdALlI u Aldtt Nlll-lll Lllt meaning
Of the Sherman antitrust law, and pro-
hibited by 1t.
Whether the American Federation of
Labor is an unlawful organization be-
cause It maintains an unfair list, and
brings TO bear the hostility of its affiliated
unions upon employers in behalf Of any
one of its affiliated members.
Whether by false and malicious action
be permitted to destroy the business OF
the plaintiff.
Named as Defendants.
The following officers of the federation
are named in the suit as defendants:
Samuel Gompers, president: Frank
Morrison, secretary; James Duncan. John
Mitchell. James O'Conneu. Max Morris.
D. A. Hayes, Daniel J. Keefe, William D.
Huber. and Joseph Valentine vice presi-
dents and members of the executive
council.
The court Is asked to restrain them
from sending out boycott circulars against
the Buck Stove and Range Company.
from publishing its name on the unfair
list. and from sending committees 10 Gus
toners CT the firm to intimidate these
customers.
Some surprise was manifested among
members Of the executive council. which
was in session in Washington yesterday.
over the fact that the suit was brought
IN the District of Columbia. but there
seemed TO be a general knowledge of the
fact that such suit would be filed
1t was explained that the action was
begun here because Washington is the
headquarters of the Federation. and is
The place Of publication Of the Fedora
tionist.
The council was called into an informal
session to consider the suit late last
night. and was stilI considering the mat
ter at an early hour this morning at the
Ebbitt House.
Labor Leader Not Worried.
Secretary Morrison. when seen last
night in regard to the suit. said that No
summons had been served upon him. and
so far as he knew. upon any other officer
of the federation He had been at A. F.
Of l. headquarters, but. so far as he
knew, nc one had been looking for him
nor had q suit been filed. He said:
The same thing has been done before
on numerous occasions. but nothing has
ever come of H. ="
Statements could not be obtained from
President Gompers or any other Of the
members or the executive council OF the
American Federation Of Labor.