The Washington times., 1909-03-11

been to bar its dooT, or TO place a
guard 70 prevent. by physical force,
the public from dealing with it.
The American Federation of Labor is
not an unlawful organization per Sc
If the Federation. from the nature and
terms OF its organization, is one in re-
straint Of trade extending TO InterSea g
Commerce, Congress, by the antitrust
act, has furnished an effective speedy,
and adequate remedy at law for its
dissolution, 20 which, in that instance,
It should be made to respond, and not
TO court OF equity.
To Help Themselves.
It is insisted that this entire move
ment by defendants against complainant
is to better their own condition. This
may be true. The improvement Of their
condition. however. can only be the re-
suit of the direct injury inflicted upon
complainant, and the courts Will look TO
the direct consequences of defendants
actions and rot to the probable indirect
results.
No one doubts, l think, the right Of
the members of the Federation to re
fuse to patroniZe employers whom il re-
CARDS as unfair to labor. 1t may pro
cure and keep a list Of such employers
not only for the use OF its members.
but as notice TO their friends that the
employers whose names appear therein
are regarded as unfair to labor. This
llSt may not only ne procured ana kept
available for the members OF the as
ISOLATION and its friends. but ii may
be published in a newspaper or series
of papers To this extent they are
within their constitutional rights, at
least, where a court OF equity can not
intervene But as soon as by threats
or coercion they attempt 10 prevent
others from patronizing a person whose
name appears on the list II then be
comes an u,,lawful conspiracy boy
colt.
Part of Conspiracy.
Let us assume, therefore. that the OBJ
Ject OF the Federation in publishing
complainant's name in the unfair or
I'VE don't patronize" list in the Fedora
ZIONIST was a part of this conspiracy,
and was notice to each other. and to
others, that the boycott would be ex-
tended to persons patronizing the COM
plainant; no one would contend but that
the unlawful feature of the publication
would consist. not in the fact that r
list Of names had been published. among
which was the name of the complain
ant but in the object of the publication
of compliments name therein.
The clause in the Constitution guar
anteeing free speech and a free press
was placed there 10 prevent a repeti-
ton OF the abuses that had grown up
in the monarchies Of Europe-govern-
ment censorship of the press. II Is folly
to assert that this provision Of the Con-
stitution IS a mere inhibition on Con-
gresS from passing any law abridging
the freedom of speech and the freedom
of the Iresa.
Calls for Relief.
agree fully that the record dis
closes a state Of facts calling for
equitable relief, but the decree or the
Supreme Court OF the District should be
modified so as 10 apply only 10 the IN
lawful acts OF defendants as established
by the record. 1t should only restrain
the conspiracy which, in this case. con-
sists Of threatened damage TO persons
having business dealings with com
plaInants or threats directed against
complainant corporation which tend 70
prevent others from freely tTanSaCtinE
business with it. The publications COM
planned of. not being in themselves sub
ject TO equitable restraint, the decree
should only restrain these publications
as an incident to and in furtherance of
the conspiracy. With these modifica-
lions. as embraced in the modified de-
cree set forth in the opinion, concur.
Dissenting Opinions.
In his partially dissenting opinion
Chief Justice Seth Shepard says II
part:
Unable TO concur entirely in the
modified decree directed TO be entered
in this case, it is proper TO state tbs
/ grounds OF my conclusion.
u. A cons piracy IS rightly defined t.
1 be a com bnlation Of two or more per