The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-13
WELLER ACT ARGUED
IN SUPERIOR COURT
LAWYER CONTENDS FOR ITS
CoNsT1TUTroNAL1TY.
Counsel for the Allied Labor organi-
cations of the State Reviews Judge
ounster's Opinion and Points Out
Where He Committed Alleged Err
ror in Declaring the Act Unconsti-
tutional-Mulberry Street Pave
Assessment Case Presented-List
for the Week Is Finished.

| Ava NAS vNSSN 40 = AAo"SNs
| Arguments on the constitutionality
| of the Weller act were heard yesterday
| in the superior court. j. r. McCullen,
| of Philadelphia, counsel for the allied
state labor organizations. appeared i'll
| support of the act and made a brilliant
and convincing argument. The COM
monwealth was not represented. The
act reads as follows:
An act to protect employees of corpora
tions in their right to form, join or
belong to labor organizations. by pre-
scribing penalties for any interfer-
ence Herewith.
Section l. Be it enacted. etc, That II
any officer, agent or empoye of any
corporation chartered under the laws
of this commonwealth, or any foreign
corporation doing business in this COM
| mOnwealth, shall Coerce or attempt to
coerce any employc of such corpora
ton by discharging them or threaten
ing to discharge them from employ
ment of such corporation, because OF
their connection with any lawful labor
organization which such employc may
have formed. Joined or belonged to- or
| Il any such officer, agent or omploye
shall exact from any applicant for en-
ployment in such corporation any
pTbfillSe OF agreement Hot u luGHl JUN
or belong to such lawful labor organ
ization. or not to continue n member Of
such lawful labor organization. or if
any such officer. agent or employe shall
In any way prevent or endeavOr to pre-
vent any employe from forming, join
ing or belonging to such lawful labor
| organization, az shall interfere or at
tempt to interfere by any other means
whatsoever. direct or indirect. with any
employees free and untrammeled con-
neCtion with such lawful labor organ
ization. he or they shall be guilty of 4
misdemeanor. and on conviction there
of shall be liable to fine of not more
than two thousand nor less than one
thousand dollars S1 ,O0O) and imprison-
ment for a term not exceeding one year.
or either. or both, in the discretion OF
the court.
Section g. All acts or parts of acts
inconsistent herewith are hereby re-
:ealed.
Approved: The fourth dav Of June. A.
H.. 1897. Daniel NJ. Hastings.
, APPELLANTS CONTENTION.
;. The validity of the act was brought
into question in the case of the COM
monwealth against George Clarke. He
, was charged with having dismissed a
, number of steam filters because of
their aniliation with the steam filters
union. but Judge Gunster quashed the
Indictment against him. on the ground
=. IN " M
, ne va. ~ "l,. i''iiila'cu ~ i",u. ,,.
, ''. enPoSs' Va 'o' po." "'ioi. -
, affords no protection, whatever" the
;; Juuse sa'u III ms opil,'on, 10 'mc en-, !,
ply vi an iiui' iuual urn or hIiii'e''
pal'nelship' 40 STATE snai, uens 20
any peison mithii ~ Juliso'o,,on @ t"e
equ',' y, p,o.e..io,i vi ,ne ia". ihis 10
| speciaa law app.,,ao'e only u e''pioSes
. Mr.. McCullen's argument was tha.
, the law does not deny any right to any
one, but simply provides an added pro-
|, lection to the corporation employees In
I. the enjoyment of the right in question
, ana Is police regulation pure and
r simple. IN every way harmonious with
+, the constitution.
e The case of the heirs of james Man
i ley 'e'eased, appellants, against the
Q city ol scranton, was argued by Thos
+. Di'i/ for the heirs ana |ity So'"i'
. tor ~. "A. Nosburg 'or the city.
Inc helrs are nghtlng munlclpa
e Hen entered AGAINST the decedentS
r proper'! lor lne paving OF WasnlnS'
ION avenue Ihe return or the sheri1
3 On uate "hich was proved 10 DE M
, teen nioh'hs alter ne ma" pecn purleu
. ph inns ana other technicai srounu'
v 'he heirs' lnroush NJ d. Neily' th'
=, eHecu'or' came 'h'o court SIX Near'
+ ai'er .he JuuSmeht was entered y"
$ i,aNe 'ne sheiiil return SET asioe am
:. 'he Ju"sn'enl stricheh OIL 1uuee f''
. NaruS uistharseu ,ne ru'e' on .h'
n srou''u 'hat t',e parties iau "ai'eu 10.
Y ,ohs' vi. "s .ne Jaw po,hts OUT na'
r pee" suh'S VI great iaches'
e HAD NO JURISDICTION.
n II 10 cloi,ed by tho onno,,,nts tho
G the rrlo sbnuId hova hoor r,odo ohso
Il Into for tho roosnn tbot lanes Mon,a,,
o,,or h,a b. han o,i,.a ~ tha ti,,'a !.
, tho Ill, ,,,o ne ,,,o ,.,i. 80 ,.
y fao,as, y'as horna 20 -. tha ,a,,. ~,
- ,,.as ,horas,ra hnuna tn l,,a,,, 49, oi u
5 ouaaah .a,,,,oo u.as irv,,ia ro, ,,,, naa
y ~ .sat -, i,,'a,
: 49, ~. s,a 80, 50, 80 '. "a"
'nu ,,,,, 40 '.o,,,,,', s,,o,, .,',a tio ,.,,a,