Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-08-16
TEST CASE ON
BLAGKLISTING.
Receiver Of Gulf Road, Now Prest,
Trumbull, Defendant
HAD BAD CLEARANCE CARD.


The railroad employer clearance
card has found itH way into the civil
courts An action commenced in the
district court this week VIII have the
effect u pronounolnE the guilt or inno-
ccnce of railroad oniclals OF the oncnso
of blacklistlng. through the medium VI
these slips u paper. The suit is 10 re-
cover $4,000 damages. and viii prove OF
great interest TO railroad officials ana
employees. Tho accusation is made out
right that the receiver Of the Gulf road
D. guilty Of blacklsting. n such Is
found TO be the case. then other roads
are In the same boat, and liable 90 pun
ishmcnt According TO the Denver
News this II the first case ON record
In Colorudo's courts affecting the char
actcr Of employees cards.
Joseph Brunor, a man % years OF age.
was employed by the Union Pacific,
Denver and Quiz road In isyt as tolc-
graph operator and station agent at
clayton, y. NJ His services bgcare 20
valuable that he was In one month pro-
NOTED to the position Of operator and
agent at Falcon. Colo. This latter job
he held Tor twgnty-uuc months. ~ tho
end OF this timo he got his "blue Un-
volopo' and was Informed that his Hrr-
Vices were no longer required. bruuur
demanded an explanation, but claims
that he got NO satisfactory information.
ln short time he was the recipient of
the regulation clearance card which
shows the capacity In which O. man has
been employed, by which road, the
length OF service aud the reason Tor
dischurgg. Burners card states that he
was nrcd because certain property uf
the road was taken away with his
knowledge. In other words. be- claims.
he was accused OF being uu accessory
to a crime. This, 81 course. Dc denies.
Ills complaint. which is lengthy uud
which was drawn By Attorneys stuart
Bros. a Murray states tnnt tnr charges
lu the card are false malicious and D.
bol0us" Tho statements on his card
were made matter of record with the
system, ana were also spread IN railroad
circles. he aWenrH, until each road had
his name upon It, books, az u he were a
dead beat and not worthy Of employ
mont az his chosen profession.
The bill states that Frank Trumbull,
receiver uf the Gulf road, has violated
the state statutes, chapter 10, sections
gl1 and 2tO. which IL a criminal statute
nui relates to the penalties FOR black
listing. The minimum me u 500 for
each offeuse. The question which viii
be determined BY this action ~ whether
u man who makes charges and clrcu-
latea them about a certain Cmployc,
which charges are based upon fact, n
guilty OF bluckllHtiug. II the charges
against Bruner grew from actual Of
fensus. then does the statute OF black
listing upplyl or n such charges are
untrue, TX Il blackllHtlnE2 The law, II
IL said. makes no provision FOR cause.
We have searched thoroughly" said
/ Mr. Murray last evening, but are I'M
able TO ma a decision In either branch
ut the appellate courts % Colorado
touching the scope o. either tho Grim
luul law ur the liability OF pvo>su In
| clyil actions for damages. Hence We
charge directly that tho receiver IL
| guilty Of the crime. A. other lines use
| the same system, the disposition OF the
case viii be Of some Importance"
Hruner lives at i1duru.