The Montgomery advertiser., 1907-12-18
COURT CHEEKS "UNFAN LIST Federatio of Labor Is
 E,strained. MUST NOT USE BOYCOTT Justice Gould Says Union is an
 '1llegal Conspiracy" Attorneys for Stove and Range Com- pany Regard Decision as Sweeping Victory for Bus- mess Men.

Washington, Dec. f17.-Of far reach ing importance to labor and business interests throughout the country was the decision rendered today by Justice Gould of the Equity Court Of the DIS I trict of Columbia enjoining the Amer ! ican Federation of Labor with it's mem bership of 100000 or more. from boy- cotting the Buck Stove and Range Company of St. Louis and or printing | in it's official organ the, companys name as unfair" and we don't pat ronIze" lists. The decision arrafgns the action of the Federation as an ille- gal conspiracy.
 | Tomorrow there will be an argument before Judge Gould over proposition of counsel for the Federation that the courts order putting the injunction de- its application to the District Of Co., | lumbia. Counsel for the plainttn com- pany will oppose this
 Judge Gould pointed out from the bench today that he had not in his de- cision taken ID the question of inhibi- tion of the boycott under the sherman antitrust law or the interstate com tmerce act.
 I Attorney J. H. Ralston of counsel | for the Federation, said tonight he had l no opinion to express regarding the de- cision save that the injunction was E sherman law or the interstate com Imerce law. which question had been l raised in the proceedings, was concern cd, he regarded the decision as affect ing that phase of the case. a victory for the defense.
 Former Assistant Attorney General Beck for the prosecution regarded the decision as a sweeping victory for the opponents of the boycott.
 | Judge Gould also handed down two opinions granting permanent injunc- Itions in the case of Render against and Lawton against the International ICarriage and Wagon Workers. two local cases which the court decided lalong the same lines as the Buck Stove lease.
 Gompers as Defendant. The American Federation of Labor is not only named as defendant in this case. but also President Gompers and Secretary Morrison of the Feder- ation, individually. as well as nine oth- CTS of the executive council of the Fed l eration individually and also the cleo trotypers, holders and finishers union No. IT, together with certain indIvidu- als comprising its officers and executive | board.
 The Buck Stove and Range Compa- ny. which runs an open shop, alleged that the labor organizations placed it's name on the unfair" and we don't patronize" lists in the labor publica- lions and that the boycott was also carried on through thousands Of cir cuiar letters to the company's custo- mers and the public generally by threatening the company's customers
 with loss of labor. patronage and busi- ness.
 MT. Gompers contended that the "un- fair" list had been in use almost since the Federation's organization; that 1t imputed simply inequitable or discrim. native treatment against organized la bor.
 President Van CIeave of the stove | company, it is charged, discharged as an empioye the president of a St. Louis | local union and threatened to discharge all the other members of the union committee of employees who sought to deal with him.
 The court held that the contention of
 the defense that there cannot be un-
 lawful combination where each mem
 her thereof might do individually the thing complained of without respon- sibility to the law, has much of plaus-
 ibility and seems to evade accurate
 analysis"
 ities to show that combination of
 two or more persons with an intent
 and under such circumstances that give | them when so combined. a poGsr to
 do an injury that they would not pos
 sess as individuals acting jointly, has
 always been recognized Ill itsei as
 wrongful and Illegal.
 As 10 the contention that to restrain the publication of a name on the un- fair list would infringe upon the com
 stitutional rights of the defendant and
 he an assault upon the freedom of the
 press and that plaintin's redress. 1T
 ai1 was by action for libel and that
 enrity would not enioin publication of
 tha libel Justice Gould continued:
 Conspiracy to Destroy.
 "Au this would have merit if the act of defendants in making such pub lIIcation stood alone, unconnected with other conduct both precedin gand fol- lowing it. But it is not an isolated fact; it is an act in conspiracy to ! destroy plaintiffs business. The decision quotes from the records l.. cortrayention of the Federation s claim that it is federation Of organ tratjops and has no individual member ship. ~,s .l id in inc action by the Metal Pol
 ish arg local No. 13, in St. Louis. In the fall of 1906, body federated with
 inc American Federation of Labor
 through the international Polishers fInion. When this body acted it did , ont use the term boycott" but the ,'ora not " euphonistic term of unfair" and ! ! .1Ve ..we don't patronize. But the court f holds that whatever the ter unused . . tha hovcott was the effect intended ? end "in fact, that the terms mean the ' same thing in the procedure of the l. Saderation. does not seem doubtful" . The case has attracted widespread r attention and today's decision has beer s ! swaited with great interest by labol f and business interests throughout tho
 country.
 President GOmDers silent.
 New York, Dec. 17.-Samuel Comp La.