The Washington herald., 1909-03-12

The Court Of Appeals Of the District
OF Columbia handed down ar opinion yes
terday sustaining the decree OF Justice
Gould. OF the Supreme Court of the
District OF Columbia, granting the inJunc-
ton prayed for by the Bucks Stove and
Range Company. Of St. Louis. restr~ :
ing Samuel Gompers. John Mitchell.
Frank Morrison. and other officers Of the
American Federation OF Labor from
prosecuting a boycott against the stove
company and from publishing 1t in the
Federationist. the official organ OF the
federation. under the caption, We don't
patronize."
The opinion OF the court modihes in
some respects Justice GouIGs decree. but
II Is a substantial affirmation. AS moei-
nec. Gompers. Mitchell, Morrison. and
other officers OF the federation are stin
restrained and enjoined from conspiring
or combining 10 boycott the business or
product OF the complainant. or from aid
ing or abetting in any boycott. or in d.
rectly threatening. coercing. or intimidat-
ing any person from buying. selling. or
otherwise dealing with the stove com
pany.
No Room for Doubt.
After reviewing the case az length and
the testimony taken. the opinion says:
In view OF all this. We think there Is
no room for doubt that this combination
or boycott which had It's inception in
St. Louis was inaugurated IN accordance
with the settled policy OF the American
Federation OF Labor. and that when the
federation IN due course approved and
indorsed the same & acted with fun
knowledge, rot osay " what bad already
occurred, but what would be likely 10
follow. II. therefore, any one is re-
sponsible for what happened these de-
PENDANTS are"
Commenting on President Gompers' ad-
vice 10 members Of the federation. in con
nection with the boycott, the opinion
says:
when Mr.. Gompers advises his fol-
lowers that a man is entitled 10 pro-
lection against a threatened destruction
! of his house. but none against the,
malicious destruction of the business
which enables him to maintain the house,
Mr.. Gompers is mistaken"
Discussed at Length.
The boycott is discussed at length. and
the opinion states that 1t VIII thus be
seen that in the nomenclature Of the
federation we don't patronize' is
| synonymous with and equivalent to boy
cott'"
The opinion summarizes decisions de-
hning boycotts. and says:
From these decisions Il will be gather
ed that the boycott as generally under
stood Is a combination to harm one per-
son by coercing others to harm him"
The court dismisses the assertion OF the
officers Of the federation that the injunc-
ton abridges the right OF a free press
| with the statement that 'the press can
not be used for consummatng a wrong
and a mans liberty OF speech is not
abridged when he is prevented from using
il for the purpose OF carrying out a boy
colt or other illegal purpose"
Before deciding the questions raised by
the appeal from Justice Goulds decision,
the court. in the opinion. says:
widespread Importance.
I'VE approach a consideration OF the
legal questions involved In this case with
a fun realization OF their widespread i'm
portance. We realize TO the fullest ex-
tent that through the instrumentality Of
labor unions much has been accomplished
for the betterment ana amelioratIon OF the
conditions surrounding those who toll"
The decree OF the lower court Is modi-
fed somewhat by the Court OF Appeals,
the court stating that It went too far
when # enJoined the publication or dis
tribution through the mails Of the Fed
erationist or other publication containing
any reference whatever to the stove COM
pany. and rnodifes 1t TO the extent OF
matter ''in furtherance Of the boycott"
The opinion OF the court was written by
Associate Justice Robb. Chief Justice
Shepard wrote a dissenting opinion OF
some length.
It was for disobeying this injunction
that Justice Wright. of the Supreme
Court OF the District OF Columbia. on De-
cember o last. sentenced Samuel Com
pers. John Mitchell. and Frank Morrison
, to serve twelve, nine, and six months. re-
spectiveiy IN jail The men noted an
|, appeal. and this appeal is now pending
before the Court Of Appeals.
j. Stirred Labor Leaders.
Justice Gould's decision in this case,
following a long and comprehensive hear
= ing. stirred the labor leaders to strenuous
efforts TO secure the passage of a law
: limiting the power Of Federal courts TO
Issue injunctions IN labor disputes. It
was handed down in December, 1857, and
in the course of his opinion Justice Gould
quoted with strong approval Judge Will
lam H. Tafts decision in a well-known
case in Ohio.
, The bill Of complaint was filed August
10 1907. by the Bucks Stove and Range
Company through James NJ Van CIeave.
its president. It set forth that the com
} pany was a corporation engaged In The
manufacture of stoves. &c; had a capital
OF about $3.50, 600; had conducted business
since 1876. and had customers Throughout
Continued on Page =, Column 3.
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