Evening star., 1909-03-11

j ne court OF Appears oI the DlStTlct OF
Columbia, in an opinion by Mr.. Justice
Robb, today modified. and. as modified.
affirmed the decree of Justice Gould of
the District Supreme Court enjoining the
American Federation of Labor, it's Off
GERS and agents, from conspiring to boy
cott the Bucks Stove and Range Com
pany, and from printing or publishing, or
distributing. through the mails or other
wise. any copy of the American Fedora
Zionist or other publication referring to
the complainant, its business or product
In the I'VE don't patronize'' or unfair
list
Mr.. Justice Van Orsdel concurs fully In
the conclusion reached by Mr.. Justice
Robb. but assigns different reasons. Mr.
Chief Justice Shepard concurs In the
main with the opinion, but dissents so far
as to express the opinion that the decree
should not restrain the publication of the
company's name in the I'VE don't patron
ize" column.
According to the opinion of Mr.. Justice
Robb the decree of Justice Gould should
he modified to the extent that it shall
only restrain the defendants from con-
spring or combining to boycott the bust
ness Of tho Bucks Stove and Range
Company or threatening or declaring any
printing the name of the complainant, its
business or product in the I'VE Don't
PatroniZe" or Unfair" list of defendants
in furtherance of any boycott against
ComplainantS business or product. and
from interfering either in print other
wise with complainant's business as in
said We Don't PatroniZe' or Il nfalr
list in furtherance of said boycott.
The court holds that the defendants
cannot be restrained from all publications
referring to the Bucks Stove and Range
company except such are made in
furtherance of an Illegal boycott.
The decision of today does not settle
the appeal in the contempt proceedings by
which Samuel Gompers. Frank Morrison
and John Mitchell were adjudged to have
violated the courts order and were SEN
fenced to serve terms in Jail. This case
will be heard later by the appellate court.
II is said these labor leaders look with
pleasure on the reasoning adopted by
Mr.. Justice Van Orsdel and Mr.. Chief
Justice Shepard, and claim that if it is
followed in the decision of the contempt
proceedings they will be able to upset the
finding of Justice Wright and prevent
serving terms of Imprisonment.
Modification of Decree
In reference TO the modification of the
decree Justice Robb SAYS:
But we think the decree in this case
goes too far when ii enjoins the pubIica-
Otherwise Of tie Fedcratonist or other
periodicals or newspapers ontaining any
reference 10 complainant, its business or
product as in the We don't patroniZe' or
unfair list of the defendants. The court
below found. and i'm thai finding we con-
cur. that 'his list In this case constitutes
a talismanic symbol indicating to the
membership of the federation that a boy
Cott rs and should be observed. The
printing Of this list, therefore was wha-
ihe court sought to prevent and what. in
our opinion, the court had power 10 pre-
Vent. But the decree Should stop there
and not attempt TO regulate the publica-
tion and distribution of other matter
over which the court has no control.
In other words, this branch OF the de-
cree should merely prohibit the printing
OF the complainant. its business or prod
net in the we don't patronize' or unfair
LIST in furtherance of the boycott The
last five words should he added. for
when the conspiracy is at an end the
federation will have the same right that
any association or individual now has to
comment upon the relations % the COM
p'ainant with its employees. IL is the ex-
'stence of the conspiracy that warrants
the court in prohibiting the printing of
this list. Manifestiy when the conspiracy
ends the prohibition ought also to end
Too Broad in Other Respects.
We are OF the opinion that the decree
is too broad in other respects. 1t being
based upon finding that a conspiracy to
boycott exists. should deal with acts O.
commission and not acts of omission To
he more specific think il should at
tempt no more than prohibition OF the
hovcott and tise means nf carrying II out
q; IL the :! cIGrationS OF threats OF boy
cot or Other manner o. intimidation
"g:tinSt compla infants Iatrons those
handling OF wishing To purchase its
product. We nave no power tn compel
HE defendants TO purchase comDlaintant' s
stoves. We have no power 10 prevent
defendants their servants or agents from
preventing others from purchasing them
''f..er.. being no evidence ] many wav
connecting couns- i for defendants with
the prosecution of this l.oycott we think
tie decree should not have bean so word
cd a 20 include thetn. While attorneys
probably was used in the decree in n
fauioloe zeal sens lis inclusion at all was
unnecessary.
The point is made thar this decree
5oud not include he Federation because
j! is :, mere voluntary association This
Uoiat appears TO ~ well taken. since there
j. 10 such legal entity an 1tn nncirporat :
81 association This. however. + 1nt a
suit AT Law for DANA gc$ but a proceeding
in equity against certain representative
members of an association composed OF a
large number of members. service upon
Continued ON Fourth Iace)