The Washington times., 1908-12-23
GOMPERS, MITCHELL, AND MORRISON
SENTENCED TO PRISON FOR CONTEMPT

officers and members, from prosecuting
a boycott against the produces of the
company or from publishing it as IN
fair" or placing its name Ola The I'VE
Dent Patronize" list in the American
FederatiOnist.
Justice GcUld's decision. takes up:
The argument under two general
heads; Flrst has the existence OF an an
unlawful combination and conspiracy to
destroy the cOmpany's business been
shown; and second, does the testimony
50 connect the defendants with the con
spiracy as 20 make them amenable?
OF the first, Justice GOuli said:
There IS little room for argument
OF discussion. There IS no
attempt To DENY that plaintiff ctS-
have refused 10 continue business
dealings with it, under threat OF being
bOycOtted by the local organizations af-
hliated with the federation"
BOycotts Illegal Everywhere.
On the Hle.ality of the boycott, the
Justice quotes a number Of cases and
opinions 10 show that bOycOtts. though
unaCCOmpanied by violence or int mida-
ton. have been pronounced unlawful in
every State in the Union and in Eng
land.
said Justice Gould:
The record leaves no doubt that
plaintiff has been. and still is, the OBJ
the most obnoxious sense, VIZ, an un-
lawful conspiracy TO destroy its busl-
ness such a conspiracy as has received
Ine condemnation Of every Federal ana
state court in the country before which
II has been brought fOr criminal action,
legal redress, or equitable injunction
rms conspiracy originated. as ] have
stated, IN the dCuOn, by Metal POllsh-
ers Local, No. I3, in ST. Louis, in the
fail OF 1896, a body federated with the
defendant American Federation Of La
Int -HrgaFf iona al let 4
PouSherS', etc, union. II was advanced
IN accordance with the procedure. Of
the said federation until in March. 1SJi,
II received the active Endorsement OF
the executive council. the controlling
body of said federation
1t Is true that when this body acted
II did not use the word boycott, but
thS more emphatic terms Of Unfair
and We Don't PatrOuiZe.' But an eN-
animation Of the record cOnVInCeS me
that whatever the term used, the effect
intended was what naturally happened.
viz. boycott. In fact, that the terms
mean the same thing IN the procedure
or the federation does not seem doubt
fUL Its constitution provides for a com
mlttee on bOyCOttS 20 be appointed by
the president at tie annual convention:
II was 20 such committee on boy
colts that the resolution was referred
and by that committee referred 10
the executive council.
Those Who Are Conspiratore
.Iy is well settled in law that all who
accede TO a conspiracy after its forna-
ton and while II IS in ex acutio7 and
all who. with the knowledge of the
facts, concur in the plans originally
formed ana aid IN executing them. are
fellcw-cOnspiratOrs They commit an
offense when they become parties 10
the transaction, or further the original
plan"
The decision concludes.
Upon the record as presented. and
for the reasons stated / am OF the
opinion that the plaintiff Is entitled ID
De protected by an injunction until the
final hearing OF the case. and ! viii
sign an order restraining the defend
ants substantially as prayed iu the
BILL