Evening star., 1909-03-12
REGARDED As A DRAW
Both Sides Claim Points in
Boycott Decision.
NIT rlrlIrn NAV Annrhl
BUT EITHER MAY APPEAL
Attorneys Silent About Probable
Future Proceedings.
OPINIONS OF LABOR LEADERS
Gratifed at Modification of Justice
Wnght's Order-Gompers to Issue
Statement of Views Tomorrow.

The action of the District Court of
Appeals in modifying the injunction of
Justice Gould Of the District Supreme
Court is looked upon as victory by both
parties to the proceedings. The Bucks
Stove and Range Company still has an
effective injunction against boycott under
the amended order of Justice RObb, ii is
claimed. while the labor leaders consider
the modification to be Of advantage to
their side of the controversy.
The most important point decided in
favor of the labor organization. it is said,
is that the primary" boycott is not IL
legal and only becomes unlawful when
it reaches the secondary stage. 1t is true
Justice Robb held the action of the labor
leaders in this case to have constituted
secondary boycott. but he intimated
and Justice Van Orsdel. 1t is claimed. in
terms held that the primary boycott or
agreement among certain persons that
they themselves would not patroniZe a
firm or corporation is not unlawful. That
to make such an agreement a violation of
law it is necessary for the persons agree
ing among themselves to attempt to CO.
cree others into refusing their patronage.
Costs Ordered Divided.
1t would seem that Justice Robb him
self considered the opinion in the nature
of draw by refusing to award judg-
ment for costs which goes ordinarily to
the appellee when decree of the lower
court is affirmed He directs that the
costs shall be equally divided between the
American Federation of Labor and the
complaining company.
Attorney Jackson III. Ralston of coun-
sci for the labor organizations was not
prepared today to say what action would
be taken by Mr.. Gompers and his asso-
| ciates looking toward an appeal to the
United States Supreme Court from the ac-
ton of the Court OF Appeals. He said il
would be necessary TO hold conference
with other counsel and the labor leaders
before deciding on their future course OF
action.
Both Sides May Appeal.
| 1t is not improbable that both sides
will enter appeals to the United States
Supreme Court. Attorney W. {. Sulli-
van Of counsel for the Bucks Stove land
Range Company said that no decision had
been reached by counsel for the COM
plainants as to appealing. but he express
ed the opinion that neither side would
rest content With the decision of the Court
of Appeals in view of the difference of
opinion contained in the three decisions
handed down.
II is understood that President Gompers
will prepare a statement embOdying his
views on the decision of the Court OF
Appeals and that it will be given to the
press tomorrow.
Sam De Nedrey, secretary Of the Cen
trail LABOR Union. voiced the general feel
ing among the organized workingmen of
the District. with whom he has talked,
when he said today:
We are gratified "a the modifica ton of
Justice Wrights decision that has been
made by the higher court. The result will
go a long ways toward simplifying the sit
. uation. and may lead to the vindication of
the position assumed by the american
Federation OF Labor officials for free
to bring about d better understanding
and to modify the condition OF movements :
on bith sides. We will now know just
where we stand.
Gompers' Trip Abroad.
Mr.. Gompers is already making ten
tative arrangements for his proposed pro-
tracted trip to the old world. He expects
to sail from New York for England the
latter part of June.
In going to Europe he is acting under
Instructions from the last convention of
the federation He will visit various
places and attend special conventions, and
observe the organized labor movement
and it's trend in England. Germany,
France Russia and other countries. He
will be gone between three and four
months.
Chicago TO attend the convention OF the
Amalgalnated Woodw workers in pursuance
of Instructions from the recent convention
of the American Federation of Labor.