The Washington herald., 1907-11-18
TESTING THE BOYCOTT
Labor's Rights on Trial in
Buck Stove Case.
WIDE INTEREST IN OUTCOME
Principle Involved In Suit Brought
Under Sherman Antitrust Law of
Far-reachinE Importance 10 Both
Capital and Union Labor OrGanIza-
tiOns-HistOry OF the Litigation.

With counsel on both sides admitting
it is the most important capital-labor
litigation since the Debs case, national
interest has been attracted 10 the suit
testing the labor boycott principle now
pending in the Supreme Court Of the Dis
trict of Columbia The Buck Stove and
Range Company, of St Louis. Is seeking.
with the Sherman antitrust law as its
weapon, TO have the American Fedora
ton Of Labor restrained from promoting
a boycott against its products as a re-
suit OF labor difficulties. While this is
not the first time the sherman law has
been invoked against labor. it is the
most notable instance I'm which a Fed
eral court recently mas been asked to
decide that the long-standing practice Of
the Federation TO concentrate the dis
pleasure of its 10000 affiliated and
subordinate members upon an unfair
firm is a restraint OF commerce fully as
much as that exercised by trusts which
have been convicted under this statute.
The Buck company has applied for
a temporary injunction prohibiting, while
the case is pending. the continuance OF
the boycott which is declared 10 have
irreparably injured the company's busi-
ness since it was declared last May 10y
the executive council Of the Federation
OF Labor
Points in the COnteRtiOn.
Argument which is clearly bringing
forth the vital issue at stake began last
L T. A-h
in the Supreme Court of the District OF
Columbia, ;uId will be concluded probably
on Thursday On Friday last. James NJ.
Beck, formerly Assistant Attorney Cen
eral. who successfully prosecuted the
Paper Trust under the Sherman law.
made his argument for the exercise OF
that law against the alleged conspiracy
with which the Federation is charged
to be seeking the ruin of the company s
business. To-day Mr. T. G. Spelling, OF
New York counsel for the Federation,
who represents il in the campaign TO
remove the operations Of labor organiza-
tions from the restrictions Of judicial in
functions will make argument FOR the
defence in which he viii uphold the
right to boycott. The position Of organ
ized labor is that any effort through the
courts TO Interfere with the exercise OF
boycotts by any means within labor
power IS a violation Of constitutional
rights Whatever the decision in the
Supreme Court Of the District OF COlum-
bia, the case will be carried 70 the SUI
preme Court Of the United States.
The case is the more notable because
the Federation officials are said 10 be
bitter against James W. Van Cleave
president Of the Buck Stove and Rang,
Company. Mr.. van Cleave IS also now
President OF the National Association oi
Manufacturers. Organized labor has
been exhorted TO aid the defence OF Tho
suit on the ground that il was an attack
from the Manufacturers Association. As
matter Of fact, however, IL is claimed
the Manufacturers Association has moth
ing 10 do with the case.
Beginning OF the Case.
The case began when James VI. Beck
Of New York; J. J. Davenport. of Wash
ington, and Daniel Davenport, Of Bridge
port, Conn, counsel for the Buck STOW,
and Range Co, filed in the Supreme Cour
Of the District Of Columbia, late in th'
summer a bill invoking the Shermay
Antitrust Law against the boycott. The
bill set forth that the Buck Stove anC
| Range Co. operated an open shop at ST
Louis. but il employed several hundre,
union men with whom its relation ar,
( harmonious and satisfactory Despite tht
fact. on August 2. 1906, the members o.
the Metal Polishers' international UnioI
employed in the works struck and lef
/ their employment without waiting for IN,
adjustment Of any grievance. which 1t Il
claimed they should have done in pUr
suance Of a standing agreement betweeI