Freeland tribune. (Freeland, Pa.) 1888-1921, 1901-10-11
TO LEGALIZE UNIONS.
ARGUMENTS FAVoRlNG AND OPPoS-
ING INCORPORATION.


tages Outweigh the Disadvantages.
Joseph II. Buchanan Says Union
Men Are of the Opposite Opinion.
| A recent number of The outlook con-
prepared for 1t, on THE Incorporation
of Trades Unions"
ADVANTAGES AND DISADVANTAGES.
| [By Carroll d. Wright, United States commission
of laborl
The constantly recurring conflicts be-
tween employers and employees are
more and more based on the question
as to whether trades unions shall be
recognized by the management. The
recognition of the unions, in n popular
sense, comprehends something entirely
different from what is meant by the
unions themselves. In the former case
it is understood to mean simply a
recognition on the part of employers
of the existence of the unions and deal
lngs with their officers. On the part
of the unions themselves the recogni-
tion is understood to mean something
more than this, even in many cases to
taking part in the establishment of
rules and the regulation of wages.
Such conflicts lead to the proposition
that labor unions should be incorporat-
ed in like manner as capitalistic asso-
Citations are incorporated-that Is that
under the law the unions should be-
come responsible for their contracts.
Under the general laws of the different
states relating to corporations of all
kinds, whether for business, education
nj, religious or benevolent purposes,
trades unions can easily secure char
ter. The states Of Iowa, Louisiana,
Maryland, Massachusetts, Michigan,
Nebraska, New Jersey, Ohio Pennsyl-
vania and Wyoming make especial
mention Of trades unions in their stat
utes relating to corporations, but they
do not provide any especial duties,
rights or liabilities other than those
pertaining to all corporations. New
York formerly had special law, but
trades unions can now be incorporated
under the general statute. The United
States, by acts of 1885 and 1856, pro-
vides for the Incorporation Of national
unions having headquarters in Wash
ngton. Some of the unions of the state
of New York are Incorporated, but
there are very few incorporated unions
In other states.
The advantages of incorporation are
that the union under a charter becomes
person in the eyes of the law; that it
can sue and be sued, as individuals,
corporations and firms can sue and be
sued. 1t would have standing in the
courts; 1t would be better able to own
and control property and would have
many rights and privileges that trades
unions as voluntary associations do not
have. By incorporation unions would
stand better in public estimation. AS
legal person they could enforce their
contracts against employers. They
have been debarred heretofore from ap-
pearing in court by representatives.
They have thus lost advantages which
would have been of the greatest i'm
portance TO them.
On the other hand, labor leaders
claim that there are disadvantages
which in a large measure offset the
uhN my VIC b1INlto
which would come from incorporation,
but they apprehend the dangers which
would come through the assumption of
duties and liabilities which do not now
specifically belong to the unions. They
would be obliged to have funds for
strike and benefit purposes-in fact,
some capital, although no stock. This
40 DitoI o,. tho funds pol1l1 no ottochpl
under an action of contract or tort, and
it is feared by members of unions that
such action would result in their dis
ruptlon. There is great apprehension
also that whenever union might be
brought into court and Judgment for
any cause secured against it the union
would collapse; hence the fear that III
timately incorporation would mean the
destruction of trade unionism. Mem
bers also fear that the writ Of injunc-
ton would be much more severe In its
operation under incorporation than at
present and that they would not re-
ceive fair treatment from the courts.
Considering these alleged advantages
and disadvantages, it would seem that
the advantages outweigh the disadvan-
tages. Our courts on the whole are
honorable and in their capacity as ad-
ministrators of law pure and incorrupt-
ible. Here and there an unfair judge
might cause a great deal of difficulty,
but on the whole the high character Of
the American judiciary is n sufficient
guarantee against unfair treatment
THE UNIONIST POSITION.
[By Joseph r.. Buchanan, labor editor of the
American Press Assocation.l
The incorporation of labor unions is
q question almost as old as the unions