The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-12

y appeals of the District of Columbia y
y in the noted injunction case of the =
= Buck Stove & Range company Y
= against the American Federation Of +
y Labor. =
%%%4%%%~4+%+%%
Washington. March 1.-THE court of ap-
peals Of the District of Columbia today
modified and affirmed the opinion of Jus
tice Gould Of the supreme court of the
district enjoining the American Fedora
ton of Labor. Samuel Gompers and other
defendants from publishing in the I'VE
Dom Patronize'' list the name of the
Buck Stove & Range company of St.
Louis The opinion. which was handed
down by Justice Robb. holds that the de-
cree Of Judge Gould should be modified
10 the extent that there should be elimi-
mated from the decree the restriction of
the labor organization and the other de
fendants from mentioning. writing OF
referring to the business of the Buck
Stove & Range company. or its customers.
otherwise the decree is affirmed. The
court holds that the combination and
boycott in furtherance thereof and the
publication in the we Don't Patronize"
list, in aid of the boycott is illegal
The court held that the defendants could
not be restrained from all publications
referring to the Buck Stove & Range
company, but only to such as are made in
iurtherance of an Illegal boycott.
Strong Dissenting Opinion.
In a partial dissenting opinion. Chief
Jdstice Shepard took a strong hand in up
holding the freedom of the press He
SAYS That even assuming that the publ
cation of the Complainants name in the
We Don't Patronize" column of the
tederationist was stem in the formation
OF a conspiracy 10 cOeTce independent
dealers into refusing 10 have further busi-
ness relations with that company Il
cannot agree that the publication can be
restrained for that reason. Regardless
OF its character or purpose the publica-
non Is protected from restraint in nay
opinion by the first amendment of the
constitution. which forhids auv law
abridgins the freedom of the press
The chief justice holds that the only
remedy for libelous or otherwise ma
licious. wrongful and injurious publication
is by civil action for damages and -crimi-
nal prosecution There are no powers to
restrain the publication.
Does Not Settle Contempt Case.
The decision does not settle the appeal
ln the contempt proceedings in which
Acssra- GompeTs. Morrison and Mitchell
were given Jail sentences. This case will
be heard later by the appellate court.
ih ne tabor leaders claim. 50 il is said
tnat II the reasoning adopted bv Chief
Justice Shepard and Justice Van Orsdel is
followed III the decision of the contempt
proceedings they viii be able to upset the
findings of Justice Wright and avoid
serving terms OF imprisonment
Giving as his reasons for the opinion
Justice Robb declared that The we Don't
PatT0nize list of the American Fedora
Zionist. constitutes a taIisruauic symbol
indicative to the membership of the Fed
Grafton that a boycott is on and should
be observed. and said in regard TO the
courts modification Of Justice Gould :
decree that the court had d right TO D-e-
vent the printing of this unfair list
hut that the decree should stop there
and not attempt to regulate the pubIica-
ton and deiiberation of other matter ever
which the court has no control