The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-18
GOV. ODELL TAXES ACTION.
ASKS the Acknowledgement for Ills Opinion
on the Potter Case.

tLpANY, Nov l7.-(iov. Odell has asked
the Acknowledgement for hiS opinion re-
garding the expulsion Of William Potter,
a Schenectady painter. from membership
in his labor union and his discharge from
the firm of which he was an employee
because he was member Of the National
Guard.
II il expected the Attorney-Gcneral
will not attempt TO advise the Governor
until he has all of the facts before him.
and with that end in view the Governor
will ask the head of the National Guard
TO furnish him with a report setting forth
the facts In regard TO Pottcr's expulsion
from the union and his discharg" by his
employer. In this manner tn" Governor
will have something before him oNclauv
and at the same time the Attorney-Gereral :
department will have something on Which
10 base an opinion OF the powers Of the
State authorities In the premises. III.
question at issue Il an important one. and
the Governor has been advised that action
upon IL by the State authorities should
not be taken hurriedly.
While II Ia provided by law that all male
citizens between the ages OF Is and 20 shan
constitute the State militia, II Is further
provided that the State militia shan be
divided into two parts, the active and the
reserve militia. The active militia consists
Of the organized and uniformed military
forces known as the National Guard and
the Naval Militia The reserve militia
consists Of all other male citizens liable
to service Membership in the National
Guard and Naval Militia IL entirely volun-
tary For this reason The labor unions
assert that they can elect As to whether
or not members of the union may also be
members Of the National Guard. Under
Section Of the State Military Code, when
there is more work than the National Guard
can accomplish the Governor has power
20 order the Mayor or Supervisor OF town
To draft many OF the reserve mllltia
in his locality a. may be needed.
Gen. Frederick Phisterer, who has charge
Of National Guard headquarters in Albany,
said to-day that apparently there was no
provision of law which would reach labor
unions or employers for boycotting labor
ing man because he is member Of the
National Guard, and it Is urged that the
law should be amended by making II a
misdemeanor for any one TO discriminate
In any manner against another on account
Of his connect ion with the National Guard,
Under Section 1919 Of the Code Of Civil
Procedure. Potter can mandalnus the
officers of the labor union which expelled
him because he was a member OF the
National Guard and demand that he be
reinstated on the ground that the rule
OF the union providing that member of
the National Guard should not be per-
United to be member of the union Is I'M
reasonable.
Several Albany firms of painters have
offered Potter job. The Albany patrons
Of the Schenectady and Albany Railway
do not seem TO be inclined to aid the boy
colt on the road nor do the Albany City
Street Railway employees
HIGHLAND fALI1, Nov. INA or Den.
Roe. commanding the National Guard of the
State II New York. when seen to-day AT
his country house. Pine Terrace, regarding
the case Of William Potter, who has been
expelled from the Painters Union Of Sche-
nectady because he was member OF the
National Guard. said that the legality Of
the question is now being thoroughly in
vestigated, and upon the presentation OF
the legal facts the matter will be brought
20 the attention Of Gov. Odell, The Genera
added that another complaint. similar to
that OF Potter's. had recently been re-
ceived from member Of the National Guaro
in Clean, where a man belonging to the
Painters Union received a notice las
August that he would be dropped from
the union because he was a member Of the
National Guard.