Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-03-11
District Of Columbia Court OF Ap.
peals Modifies and Sustains
Justice GouIdS Opinion.
CAN MENTION BUCK STOVE co.
chief Justice shepard Holds Publlca-
ton Protected by First Amend
mcni 20 the Constitution.

Washington. March, 1.-THE court
of appeals of the District OF Columbia
today modified and affirmed tho opin-
ion if Justice Gould OF the supreme
court OF the District. enjoining tho
American Federation OF Labor. Samuel
Gompers and other defendants from
publishing in the 1--WE Don't Pat
ronize' list the name of the Buck
Stove q Range company Of ST. Louis
The opinion which was handed down
by Justice Robb, holds that the de-
cree OF Judge Gould should be modi-
fed TO the extent that there should
bee eliminated from the decree the re-
striction OF the labor Organization and
the other defendants from mention
ing. writing or referring TO the bus
mess OF the Buck stove a Range COM
pany or its customers Otherwise the
decree Is affirmed. The court holds
that the "com bination" and boycott
in furtherance thereof and the publ-
cstiOn lu the 'Wc Don't Patronizc"
list I'm aid of the boycott Is Illegal.
the court held that the defendants
could not be restrained from an pub
liCauons referring 20 the Buck stove
d Range company, but only TO such
ass are made in lurthcrance OF am il-
legal boycott
In a partially dissenting opinion,
Chief Justice Sheppard took a strong
hand In upholdlng the freedom Of the
press He says that even assuming
that the publication of the complain
ants name in the 1--WE don't Patron
ize' column of the Fcdcrauonist was
q step In the formation OF con-
spiracy TO cocrcc independent deal
ers into refusing Co have further
business relations with that company
81 cannot agree that the publication
can Doe restrained for that reason. Re
gardless of its character or purpose
the publication ls protected from re-
straint iu my opinion by the first
amendment of the Constitution which
forbids amy law abridging the free
dom OF the press
The chief justice held that "the on
ly remedy for libelous or otherwise
malicious. wrongful and injurious pub
LEGATIONS is by civil action for dam
ages and criminal prosecutor. There
is mo- power To- restrain the publi-
cation
The decision docs not settle the APP
peal in the contempt proceedings 200
which Mcssrs Gompers, Morrison and
Mitchell were given jain sentences.
This case viii bee heard later boy the
appellate court
The labor leaders claim. SO 70 is
said, that If the reasoning adopted
by Chief Justice Sheppard and Justice
Van Arsdcl is followed in the de
Cision of tho contempt proceedings
they viii be able TO upset the find
ings OF Justice Wright and prevent
serving terms of imprisonment
Giving as his reasons for the opinion
Justice Robb declared that the we
Don't patronize list OF the American
Federationists constitutes a tal,smanic
smyboF indicative 10 the the member
ship OF the federation that a boycott Is
on and should be observed" and said
i'm regard 20 the courts modification
Of Justice Gould's decree that the court
had n right 10 prevent the printing OF
this unfair list but that "the decree
should stop there and not attempt 90
regulate the publication and delbera-
ton of other matters over which the
court has no control