The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-06
THB Law FOR LABOR UNIONS.
NO RIGHT TO EXPEL 4 MEMBER
BECAUSE HE rs 4 GUARDSMAN.
Former Justice Landon Reviews the schen.
ectady Case-Says the mule Under
which Potter Was Expelled 10 Void
Acknowledgement Ordered BY the Court.

SCHENECTADY. n. Y. Dec. 5.-Regardibg
the injunction granted by Justice Wesley
o. Howard in Albany Yesterday restrain
ing Painters and Decorators Union No.
80 Of this city from refraining from rein
stating william Potter, who was expelled
from that organization because Of his
membership in the National Guard. the
Hon. Judson s. Landon. former Justice Of
the Supreme Court, who prepared tho
papers on behalf 81 the Citizens Assocla-
ton OF this city. said to-day in an inter-
view with THE Sun CORRESPONDENT:
Il suppose the only feature Of the case
that interests THE Sun is the validity 81 the
rule OF the Brotherhood Of Painters, Decora-
tors and Paperhlngers Of America. which
in prescribing the qualifications of men-
bers adds the following: Provided. how
ever, he il not a militiaman. and if 30 he
shall be deharred from membership That
this provision is void ! have no doubt
Potter is an able-bodied citizen Of the
State between the age Of ~ and IS. not
exempt from military duty by any law Of the
State or Of the United States, and therefore
is by the Eleventh Art icle of the State Con-
stitution ore Of the militia Of the State
and under the Constitution ard laws Of the
United States member Of the national
militia. His voluntary enlistment in the
Natioaal Guard max IS him a member Of
the active militia OF the State aid he i.
subject to punishment az a deserter IL he
refuses TO report for active duty when
SO ordered 10y his superior officers.
The military arm Of the State il essen
| tial to its sovereignty and the final support
| Of its power and authority. Every sub ject
owes the State perfect allegiance ara car
| lawfully enter into no cont ract or obliga-
| ton in derogation Of it. There is implied
| TO every voluntary obligation which the
| subject assumes that II Is subordinate {,
| hict the voluntary obligation must yielo
| TO the sovereign obligation, II is element
AIRY law that every obligation in violation
| Of positive Law. public policy OF good morals
is void This proposition will not he dis
| puted
| 1t il clear from Potter's case. when con
| siGered in connection with the large number
| Of local unions constituting this and srnilal
| hrotherhoods. that the rule excluding a
milit iaman from membership trenches
| or threatens to trench upon the efficiency
Of the military power. II tends TO dis
| among the members of local unions against
| the militia, TO disafeCtion among ths
militia, to dispara e. il to in vite disobedienc,
TO the laws ard defiance Of them. and 10
| array labor vi ions against the perform
ance of the highest Cuty Of the subject. aEc
| is therefore not permissible.
| Il don't think Potter's case depend,
| upon this doctrine, since he was militia
| man when he joined the union, and the rule
| was adopted later, but If the rule be es-
tablished he will iced little else to vii
| his case"
The Injunction order was served on Franz
| {. Shelter. president of the local Painters
| Union. this afternoon. The order reads
Local Union No. a.? and each and all tn
| officers. members, delegates and attorney
| shall desi-t and refrain from treating th'
| plaintiff In any way as not a member OF sal,
| union and be and are hereby each and al
| en- oined from refusing to accord and grant Il
him any and every right. privilege and hene
| n Of full membership of said union in gooC
| standing and from refusing to grant him
| card OF enbership therein
IL IL likely that Potter will get his card
at the next meet ing Of the union.
One OF the officers Of the Trades Assemb,
said this afternoon that the Potter cas-
would be brought up at the next meetin
Of that body on Wednesday night. II,
was unable to say what action the organiza
| ton would take. but was inclined to thinl
| that il would lend it's moral aid and fnan
| cial support to the Painters Union in any
| move that might he made to fight tn
| permanent reinstatement Of Potter