The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-04-21
RAILWAY LABOR.
The Question of Blacklisting.

The Question of Blacklisting.
IN PROF LINDsAY's articles on the ilyay
employees of the United States, from which
/ we have availed ourselves Of the privilege of
summarizing some Of the conditions existing
in the realm OF railroad labor, he gives lengthy
discussion on the topic of "blacklisting." We
| shall as briefly possible try to give some of
the ideas held by labor men, as well as some of
| the legislation in their behalf. az well as some
decisions Of courts on questions that come before
them.
According to testimony taken by the industrial
commission, both OF railroad officials and repre-
scntatives of railroad labor. it was shown that
blacklisting had been made use OF by rail.
roads as means of wedding out discontinued
men, labor agitators and checking the growth Of
labor organizations
Since the enactment by congress June 1 1893.
making blacklistng Illegal on the part OF rail.
road employers engaged in interstate commerce.
railroad officials deny entirely the existence of
any such thing as backlisting As full and u-
fccual Il practice is now in force on all rail-
roads of requiring applicants for positions to an
swer. certain questions submitted to them, where.
in he must state what and where his previous
work was, and whether discharged not. ii
these answers carry the idea to the employer :hat
he would not be desirable. the reply generally is
that his record is not satisfactory.
The nature OF railroad service makes 1t cs
pccially incumbent upon employers to protect
the public by rigid inquiry into the qualifications
of an applicant for responsible position. These
tests are not only rigid in their application to
technical skill, but must also cover questions re-
lating to personal character and habits.
Seventeen states and one territory lave passed
laws against blacklistng. Some Of these states
have made laws that the wilful prevention of dis
charged employees from obtaining new situations
is penal oifense Indiana, Montana and Georgia
have statute requiring an employer to furnish
the cmploye with written statement of the
cause of his discharge, but the Supreme court
of Georgia declared the statute to be unconsti-
tutional
Several cases have been tried in the courts and
taken to the Supreme court One, called the
ketcham case, which grew out of the Chicago
strike in 1904. The plaintiff was given an award
of S2l.6GG against the Chicago and Great West.
ern Railway company. whereas the proven loss
was only $1,s50. A new trial was granted, and
the judge in granting the application indicated
the opinion of the court that the jury had been
governed largely by its feelings and stated ''tht
the verdict was one that would not stand for 4
moment in higher court This case, along
with a number of Others have been passed in the
courts docket pending the decision in another
which was carried to the Supreme court.
This was the case of Mcdonald Vs. Illinois Cen
tral Railroad company. Mcdonald had been a
one of the strikers in 1894. lie claimed that
the railroad companies centeling i'll Chicago had
entered into a~conspiracy. agreement and ul'-
derstanding not to employ any of the members OF
the American Railway union without release
and consent from the company by which any
such elnploye was employed. commonly called by
railroad men ''clcarance.' Judgment was rem
dered in the circuit court, ''No cause of action,'
and confirmed in The Supreme court. Tile court
~niJ tJ,at Lo 1nr1o Il f,o tlin IL
fendant company with refusal to grant clear
card setting forth trutllfully all the facts
proper to he stated in IA clearance card. but did
say that the company refused to give him such
an instrument as would enable him to obtain en-
ployment in the railway business. The company
was not required to give him clearance that
would enable him TO get employment from other
companies In another case Justice Phillips ren.
tcrcd decision October 81, 1s9s, affirming the
right of railroad company TO refuse to give
clearance card. The Justice further said the Gear
aEcc card is simply letter. be it good, bad or
indifferent, giving length of service. capacity
etc. 1t is in no sense a letter Of recommendL-
ton. 4 letter OF recommendation OH the con-
tlarv. is as The term implies. letter commend.
ing the former service OF the holder in such terms
as would favorably impress the person Of whom
lie would seek employment
Another case in which woman in the employ
of Libby, McNeal & Libby. OF the Union Stock
yards. Chicago, quit work with several Others On
account Of reduction OF wages. She applied to
Armour 4 Co.. and Others for employment but
was refused. She charges. them with conspirfng
together to refuse employment to any who go
out on strike. The court says: "When dam
ages is sustained by one person from the wrong
full act of another, an action for compensation is
given to the injured party against the wrong.
doer An act is wrongful in law ii it nfringes
upon the right of another and not otherwise