The daily morning journal and courier., 1903-08-18
HARD BLOW AT UNION MEN
4 SWEEPING OPINION HANDED
 DOWN AGAINST THEM.

Judge Rogers sitting i'm the U. s. circuit
 Court at St. Louis in the Case of Boyer ot. al, Against the Western Union.
 Decides That the Company Has Abso-
 iute Right to DIscharge men for Be.
 longing 10 she Unions Also That
 Blacklist May be Kept and Given o.s
 Tor Use of Others.
 St. Louis, Aug. 17.-Judge Rogers in the United States circuit court to-day handed an opinion sustaining the de- murrer of the Western Union Telegraph company in the labor injunction case of Boyer ct al. against that company. In the written opinion Judge Rogers sustains every point urged by Attorney Smith, representing the defendant com pany, holding that the company has the absolute right to dismiss employees be- cause they belong to the union, or for any other reason; that there can be no conspiracy to do lawful act; that the so-called blacklist may be maintained ad given out for the use of others.
 Superintendent G. J. Granisel. of the Second district of the Western Union. said: "The case arose from the fact that certain number of operators were relieved on account of a reduction in the force, some for characterization and for other causes. They contended that it was on account of belonging to the union and they were therefore deprived of Livelihood It was conclusively shown that all operators SO relieved were employed either by brokers or by railroad companies, with the exception of one who could not be located do not care to say anything further.
 The case resulted from q bill filed by Telegraph Operator Arthur Boyer and others, alleging they were members of the Commercial Photographers. union of America, local lodge No. 3 of St. Louis, and that they had been discharged from the service of the Western Union Tele- graph company solely because they belonged to the union; that it was the intention of the Western Union to dis charge other employees solely because they belonged to the union and that conspiracy existed between the St. Louis officers of the Western Union company to discharge all employees be- longing to the union and to break 1t up; that the Western Union maintains a so-called "black list on which have been placed the names of the members of the union discharged and that; this lis furnished to others and thereby those, blaclxlisted have been prevented fTxss3 obtaining other employ
 ! The bill sought to prevent the Vest ern Union company from discharglng any employe because member of the. union and the St. Louis officers of the Western Union from conspiring to that end and to prevent interference of any kind with the union and to prevent the Western Union company from n1aiIi- taining a blacklist and placing thereon the names of those who might be dis. charged because of being members of the union. The Western Union com pany demurred to the bill and this de- muirer was sustained by Judge Rogers of Arkansas, sitting in the United States circuit court today.
 Judge Rogers held that the Western Union had the absolute right to dis charge employees not under contractural relations with the company, for any or without cause; that q like right exists on the part of the employe to sever his relations with the company for any cause or without cause; that if a con- tract of employment is violated the re- course of the employe is at law and not by bill in equity, such as was brought in this case; that there could be no conspiracy to commit a lawful act, such as he held to be the discharge of the lcompany's employees, because of being members of union; that the company had the right to maintain list on which might be placed the name of g discharged employe and the cause of discharge, and this list might be given to others, provided it's contents were truthful and it's circulation honest; that as the bill alleged the union was formed for moral and proper purposes there should exist no objection upon the part of an employe to have his discharge based upon the mere fact that he was a member of such an order.
 This decision is regarded as conclu- sively settling the law in the Western Union company's favor.
 The plaintiffs took fifteen days time A o,,,oy,f5 ci hill