Omaha daily bee., 1909-03-12
BOYCOTT DECREE MODIFIED
Court Of Appeals Changes Contempt
Decision and Afirms It.
ONE PROVISION STRICKEN OUT
Federationist May Refer 20 Range
Company in Its Columns Except
in Its "Don't PatrOniSe
List"

WASHINGTON. March 1.-THE Ameri-
can Federation Of Labor may freely refer
to the boycott against the Bucks Stove
and Range company Of st. Louis except
by inclusion in the I'VE don't patronize
list"
This is the substance Of a decision of
widespread Importance to the labor world,
to manufacturers and to newspapers gen
orally handed down today by the court
of appeals Of the District of Columbia in
the noted injunction case Of the Bucks
Stove and Range company against the
American Federation OF Labor, which has
been before the courts OF the District OF
Columbia in various phases for months.
In a recent decision by Justice Gould OF
the supreme court Of the district the
American Federation OF Labor and the
officers, Messrs. Gompers, Mitchell, Nor
rison and others were enjoined from con-
spring to boycott the Bucks Stove and
Range company and from printing or pub
fishing. or distributing, through the malls
or otherwise, any copy of the Federation
list" or other publication referring to the
complainant, its business or product in the
w don't patronize" or unfair list.
Decree il MOdiAed.
The decision today which was by Jus
tice Robb modifies and affirms the decree
of Justice Gould. The court holds that the
decree should be modified to the extent that
It shall only restrain the defendants from
conspiring or combining to boycott the
business OF the Bucks Stove and Range
company or threatening or declaring any
boycott or assisting therein and from print
ing the name Of the complainant, its busi-
ness or product in the w don't patronize"
or unfair list Of defendants in the fur
therance of any boycott against the de-
PENDANTS business or product, or OF inter
fering either in print or otherwise with
defendants business as in I'VE don't pa
tronize' or unfair list in furtherance
of a boycott.
The court holds that the defendants cam
not be restrained from all publications re-
ferring to the Bucks Stove and Range COM
pany, but only such as are made in fur
thersnce of an illegal boycott.
Chief Justice Dissents.
In a partially dissenting opinion, in which
he says he lie unable to concur in the modi-
fled DEGREES of Justice Robb, Chief Justice
Sheppard expressed the opinion that the
decree should be modified 80 as to re-
strain the acts only by which other per-
sons have been or may be coerced into
ceaslng from business relations with the
Bucks Stove and Range company, but so
as not to restrain the publication OF the
name of that company in the I'VE Don't
Patronise" columns of the American Fed
erationist. no matter what the object Of
such publication may be suspected of or
believed to be-
Justice Van Ordel concurred fully in the
conclusion reached by Justice Robb, but
nv a diffaranf nrOpaaa nf aaonInu ssTha
sustaining Of such a decree by a court of
equity would violate the constitutional
rights of the, citizen says Justice Van
Orsdel. In referring to the Gould decision,
1T would mark the beginning OF the era
OF tyranny by the branch of the govern
ment charged with, protecting the citizen
In his legal or constitutional rights" He
says further that the clause in the con-
s~titution guaranteeing free speech and
free press forblds government censorship
in all forms. 1T would be difficult" he
adds, ito conceive Of a more effective
method of establishing a government CEN
sorship than through the writ OF injunc-
ton"
Mr.. GOmpeFs Talks.
THE dissenting opinion OF Chief Justice
Sheppard said Mr., Gompers tonight lis
exactly that for which the federation has
all along been contending 80 far as 1t re.
fers to the freedom of the press. The
right to freely express opinions is a con
stitutional guarantee. There is nothing
libelous the federation has published in
connection with this whole case
The decision does not settle the appeal in
the contempt proceedings in which Messrs
Gompers, Morrison and Mitchell were given
jail sentences. This case will be heard later
by the appellate court.
The labor leaders claim that II the rea
| soning adopted by Chief Justice Sheppard
and Justice Van Orsdel Is followed in the
decision in the contempt cases they will be
able to set the findings OF Justice Wright
aside and prevent serving terms of imprIs.
onment.