El Paso herald. (El Paso, Tex.) 1901-1931, 1911-01-27
IN STRUGGLE
To ESCAPE
PRISON
Contempt Case Of American
Federation Of Labor Off
Gals Up Again.
rs AN OLD FIGHT
IN A FINAL STAGE

Washington, D. c.. Jan. 27.-One OF
the most spectacular legal battles
ever waged between capital and orga-
nized labor reached its final stages to-
day. when the Supreme court Of the
United States took up for oral argu-
ment the famous litigation by the
Bucks Stove and Range company. of st.
Louis, No, against the American Fed
Grafton Of Labor.
The contending forces started their
fight to determine the legality Of the
boycott" That was in the Supreme
court Of the District Of Columbia But
today when the contest was renewed
before the Supreme court of the
Uuited States, the main issue had been
crowded out Of the limelight by an
incidental one Now. the burning issue
is whether the principal officials of the
American Federation of Labor are to
go to jail on charges Of contempt of
court
Is Question of jail Terms.
Because they failed to obey the in
junction issued by the district supreme
court in the original case, Samuel
Gompers. president Of the Federation.
is under sentence to serve twelve
months in jail; John Mitchell, vice
president of the Federation. to serve
nine months, and Frank Morrison, its
secretary, TO serve six months.
Fighting for the American Fedora
ton of Lobor and its officials are
Alton B. Parker. former democratic
presidential candidate; Jackson H
Ralston, Frederick L Siddons, William
E. Richardson and John T Walker
Opposed to them as the representa-
tives Of the Stove and Range company
are Daniel Davenport and ]. ]. Oar
1ington.
The manufacturing company was
selling stoves and ranges throughout
the United States at the time the suit
can began 1t was doing a business
Of $1,25e,0Oo a year. It complained
that the American Federal ion of Labor
and its members were conspiring to
ruin its business by means Of a boy
colt. The court was asked to grant
an injunction against a continuation
OF the efforts and particularly to re-
strain the American Federation of
Labor from printing in it's official
organ, the American Federationist. the
name Of the company as being on the
weldon 't-patronize-1ist" The opposi-
ton Of the FedeEation was alleged to
be due to a strike of metal polishers
IN the shops Of the company.
Injunction Issued.
The Supreme court of the District of
Columbia issued the Injunction The
court Of appeals Of the district modi-
lied the decree in several ways, the
principal modification being based ON
the holding that the Injunction against
the publication Of the company's name
on the weldon -patronize-li should
be effective only when the publication
was "in furtherance Of such boy
colt" In so doing, it is contended that
the lower court made a distinction be-
tween a boycott of the company by
the members of organized labor and
boycott of the members against the
eompany's customers who refused TO
stop dealing with the company It is
urged that only the second kind Of
boycott was held Illegal
Both sides appealed from this de-
cisiOn. The manufacturing company
believed that it did not go far enough.
and the defendants took the position
that it went too far
The attorneys for the American Fed
Grafton Of Labor contend that each one
Of the defendants had a right to refuse
to patronize those who dealt with the
stove and range company and therefore
they could combine in refusing. IT is
said that what was lawful for one was
lawful when done in combination
This proposition is attacked as being
opposed to the liberty to dispose of
ones goods as being contrary to the
decisions Of all the states of the union.
The lower court was divided on the
point
For the American Federation Of La
Dor, it is argued, that to prohibit the