The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-08-18
BLACKLIST MAY
BE MAINTAINED
Union Membership Sufficient
Cause For Discharge.
DECISION OF CIRCUIT COURT
BLACK EYE GIVEN TO CAUSE OF
UNION LABOR.

Z T. LOUIS. Aug. 17.-Judge Rogers
in the United States circuit court
today handed down an opinion
sustaining the demurrer Of the West
ern 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 u. Smith, rep
resenting the defendant company. hold
ing that the company has the absolute
right TO dismiss employees because they
belong 10 the union or for any other
reason. that there can be no conspiracy
10 do "a lawful act; that the so-calleu
blacklist may be maintained and given
out for the use OF others
Superintendent J. G.. Frankel of the
second district of the Western Union
said today.
The case arose from the fact that
a certain number OF operators were
relieved on account of reduction IN
force. some for characterization and for
other causes. They contended it was
on account of belonging to the union
and they were therefore deprived or
livelihood. 1t was conclusively shown
that all operators so relieved were
employed either by brokers or railroads
with the exception of one, who could
not be located. 1 do not care to say
anything further"
Conspiracy Alleged.
The case resulted from a bill filed by
Telegraph Operator Arthur Boyer ana
others, alleging they were members OF
the Commercial Telegraph Union or
America, local lodge No. 3, Of st.
Louis. and that they had been dis
charged from the service OF he West
ern Union Telegraph company solely
because they belonged to the union.
that il was the intention of the West
ern Union to discharge other employees
solely because they belonged to the
union, and that a conspiracy existed
between the st. Louis officials of the
Western Union company to discharge
al operators belonging TO the union
md to break it up; that the Western
Union maintains a list, sO-called a
blacklist" on which has been placed
the names Of the members Of the union
discharged. and that this is furnished
10 others and thereby those blacklisted
have been prevented from obtaining
other employment
The bill sought to prevent the West
ern Union company from discharging
any employee because Of his being a
member of the union. and the St. Louis
officers of the Western Union from
conspiring 10 that end. and TO prevent
Interference Of any kind With the
union and 10 prevent the Western
Union from maintaining a blacklist and
placing thereon the names of those
who might be discharged because of
being members of the union. The
Western Union company demurred 10
the bill and this demurrer was sus-
. tanned by Judge Rogers Of Arkansas,
sitting in the United States circuit
court, today.
An Absolute Right.
Judge Rogers held that the Western
Union company has the absolute right
to discharge employees not under con-
tractural relations with the company,
for any cause or without cause, o.
that a like right exists on the part OF
the employe 10 sever his relations with
the company for any cause or without
cause: that If a contract of employment
q is violated, the recourse of the emplOye
is at law and not by a bill in equity
such as was brought in this case; tn At
there should be no conspiracy to COM
nit a lawful act such as he held to be
the discharge Of the COmpany's en-
ployes because OF being members of q
union: that the company had the right
to maintain a list on which might be-
placed the name of a discharged en-
ployc and the cause of discharge. and
this list might be given others. provided
its contents were truthful and it's cir
Culation honest; as he alleged the com
pany was formed for moral and proper
purposes. there should exist no objec-
ton on the part of an emplOye TO have
his discharge based upon She mere fac
that he was member of such an or
der. This decision is regarded as con
Clusively settling the law in the com
pany's favor.
The plaintiffs took fifteen days tC
amend fhCir bill