The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-04-11
DANBURY HAT CASE REVERSED
BOYCOTTFNG UNIONS SlCCEED
on APPEAL.

Appellate Court says II Was Error to
Direct verdict for Plaintiff Hear.
say improperly Admitted judgment
wss for a787 .OOO Against l'nion.
The United States Circuit Court OF
Appeals reversed yesterday the judgment
OF the Federal court in Connecticut in
the famous Danbury hat case and ordered
a new trial. The litigation is now nearly
two years old and was instituted by
d. E. Loewe 4 Co. a Danbury hat firm
against the United Hatters OF North
America. affiliated with the American
Federation Of Labor II was alleged
that the plaintiff company had suffered
in its sales as result Of e practical boy
colt by the defendant because Of it's re-
fusal to adopt the closed shop. The
Danbury firm got judgment in the lower
court in Connecticut for s232, ,24oi2 dam
ages A verdict in favor Of the plaintiff
was directed by the trial Judge. Judge
James p Platt. but the amount Of dam
ages suffered was left to the jury, which
Hxed it at S74,OoO. This amount was
multiplied by three by the court under
the provisions OF the Sherman law.
In setting aside the lower courts judg-
ment Judge Lscombe. who writes the
opinion Of the Circuit Court Of Appeals
holds that the trial Judge erred in direct
ing verdict.
1t is needless to inquire. says Judge
Lacombe. whether boycotts generally
or this particular variety Of boycott
are or are not unlawful under the statute
Of some particular State, but there is q
violation Of the Sherman law II it is shown
that individuals combined to induce a
manufacturer engaged in interstate COM
merce to conduct his business as they
desired il should be conducted. The court
continues:
When such obstruction ia shown to have
brought about an injury to a persons
business. recovery may be had although the
impelling motive Of the combination was an
effort to better the condition of the com
Diners which except for the antitrust act
might be proper and lawful.
The first assignment OF error which
challenges attention is the action of the
trial Judge In taking the case from the
jury and himself deciding every question
except the amount Of damages. Defen-
dants contend that in so doing the trial
court assumed the function OF the jury
in passing upon the credibility OF witnesses
and weighing conflicting testimony" We
think this assignment OF error well taken
for several reasons
On another head the court says.
!, .. h.., .a ,.,. ,ho, ~. ,.
fact that any individual defendant was a
member Of and contributed money to the
treasury OF the lnited Hatters Association
nsae s % MN p,'nups. o' any anu m - ass aseh.s ~
c.rrv,ns o,,, rho nhiects NJ ,ha .ssnc;a,;on
and responsible as principal IL such agents
used illegal methods or caused Illegal
ine'noos 70 pe u~eo ID un"el'ah.hs 10 carry
out .he.e oo.ee's, We cahho' assem- 10
,h,s propo.'uoh, me v,ause oi 'he con-
s.,u',oh oI tne n.leo nal.ers ~hiSn pro,
.ioes 'ha' eer 'a,h Vi i'N o'i'eeis sha'i use az
'ne lhe""s VI 'neu po~eI 70 o.,'k eucn
shop' Vs. e. 'h'h-ulilon e"opSI ,u'o ,ne 'a"e
ooes no. necessary IMPLY thu' these
oInces fha,, . u'e osner nun 'aS,uI means
aveo'ip"sh euSn oo!eo'. ouIe,y the
na.'ns sucn e'ause 'n l.s cohs'i,u'ion can
no' pe 'aNen as Np'es'ink ASSEM- oy nm
w, w We pe'pe'"on ~ aou y, nI''ue'
Soihe'nihs more mus pe sno~n, us, ior
tn>Iauce. .nS' WV" 'ne Nuo~ vi .he
H'eH'ners un,aW.u' ,hoans nau oeeh 90 ire
aueh'y useu WIN .ne eAp'ese Ut taeit ap-
proNa' Oh tne sssocia''o" INA. ,.s agents
~ere warrsnOeu IN assuming Una, .ney 'nieh,
use such uhna"i"i means III ,"e 'u.u'e' 'ha'
tne assoc'a.'oh anu Nv neHipers "ouIu APP
prove or 'o,e'a' euon use ~heneNe' 'he Gnu
sought cou" DC oo'"iheo 'hereoS'
The opinion also says that hearsay
testimouv was improperlv admitted AS
20 tbro.ts .a;d IN have hoan mada IN
sT.,,,. a ~. - ~
ouc'o'"o'' Vi ''' "" "' "e0'' Vi '''0
union.
Inc higher court prefaces It's opinion
with a review OF the controversy at issue:
p,.,.,,r. ,,,,, ~, .., l.,
D.nS,,r,, .nd Nd an ;n,.rsto,e ,rada ,s,,h -
.,'..osr. in diT.ran, S,a,.s ,rh;o,, ,r.s
80, 80. ~. Iaraar ,.roon,.ca -, ,ha;r
h,,si,a". rhs co,,h;ra,;or 81 ;ndiv,.,,a,s .
,,na", ,hs Tm,tad uat,srs ~, Nor,h
.msric. r,,mb.rinr sev.r., ,hon.snd nam.
- 80. on,,.;naS ,,;,s ",har ,a 80 ,ninn.
80 orothor ossocat,or tnown ne ,ho
~ A,.,,n.u Ead.r., ,;or os .hor n,,,nh.,;ns s =
80 ~, . r,i,Iinn momh.rs .c.,,or.a al,
49, Ti.ns So. TLa I..i,.s, NJ. ~
Sse,.S Se vn;ar 80 arS .rn,ss,ona. .;.. :.
s.t. 80 r.,-asc,s ~. on,,S,,.,;a
p.,r !" ~ ts',;.- -. n''ss..
''e Vs. - -, - - =. ,