The Washington times., 1909-03-27
LABOR WILL NOT
SEEK AN APPEAL
Unions to Take No Action
From GomperS' Injunc-
ton Order.
COMPANY GIVES
IT'S OBJECTIONS
Modified Order Declared Robbed
of All Force and
Effect

Labor Will seek no appeal from the
decision Of the ApptsllatS Court OF the
District. which modified the Injunction
granted by Judge Gould restraining the
publication of the Bucks Stove and
Range Company in the unfair list OF
the American Federationist. This is
generally understood In labor circles.
The Bucks company, in its grounds
for error, fled this morning. subse-
quent to the appeal taken 70 the
United States Supreme Court late yes
terday, has left no possible error un-
touched, in its bill for an appeal, IT
would appear. 1t is alleged that the
Appellate Court, in modifying the in
junction robbed IL Of all force and
that It now does not reach the condi-
tions which prompted the petition for
its issuance.
Errors Are Alleged.
The court erred, complainant alleges
as follows:
in modifying the injunction of the
court below in such manner as TO rem
der IT so indefinite and uncertain In it's
terms as to deny to the complainant
any effective and adequate relief, and
70 afford no available or effective pro-
plant Of $3.50, 900 and annual sales of its
product aggregating $500.00O.
I'm permitting the defendants to COM
bine the 100000 members of the Ameri-
can Federation Of Labor. who as shown
by the record comprise IN "a large part
the customers upon whom the COM
plainants trade depends, as we'll as 9TH
er persons into an agreement to re-
strain the complainant's trade between
the several States. provided such re-
strain is accomplished otherwise than
by threats, coercion, or intimidation
against buying, selling, or dealing in
the compiainant's product.
In permitting defendants ~ in.Rede.
obstruct. interfere with. rez rain. and
destroy the COM! !ainant's business,
trade, and cOmmerCe, intrastate and in
terstate, in any manner other than by
cOnspiring or combining 10 boycott the
same, which term boycott as defined
by the majority Of the court, does not
include agreements between themselves
and others, through direct communlca-
ton, the press or otherwise TO Nltn-
hold patronage from the complainant
and its product unless accompanl' by
threats or coercion"
Labor Left Free.
The exceptants charge that the
opinion of the Appellate Court leaves
the American Federation Of Labor free
10 continue each and every act enjoin-
cd by the decree below, by employing
simple, other agents for that purpose
than the individual defendants to the
bill; that It discharges the individual
defendants from 50 much Of the injunc-
ton granted against them as enjoined
them from conspIring, agreeing, or COM
bining in any manner to restrain, OBJ
struct or destroy the business Of the
Bucks Stove and Range Company or to
prevent 1t from carrying on its busi-
ness without interference from them or
any of them
The Appellate Court should not have
restricted, II is urged, the injunction
granted below against printing, issuing,
publishing, or distributing through the
mails, or any other manner, copies OF
the American FederatiOniSt or any other
printed or written newspaper magazine,
circular IN any manner referring 10
cOmpiainants name. business, or product
IN connection with the terms Unfair
or We don't patroniZe" or with any
other phrase or word Of similar import
Tor The injury Of or interference with
the free and unrestricted sale OF its
product 10 an injunction merely against
printing or referring to the complainant
name business or product in or IN con-
neGtiOn with the American federation
Of Ilabor's I'VE don't patrOiZc' or I'm
fair" list, and in furtherance of any