The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-18
Employees Can Be Dismissed
for Belonging to Union.
THE FEDERAL COURT so RULES
Decision Rendered In EeSEonse TO demurrer
Of the hestin Union IeIe-
graph Company.

st Louis. Aug ls-Judge Rodgers In
the United States district court yester-
DAY. handed down an opinion sustaining
the demurrer OF the Western unon
Telegraph company in the labor intunc-
ton case OF Boyet ct al. against that
company.
In the written opinion Judge Rodgers
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 10 the union or for
any other reason. that there can be no
conspiracy to do a lawful act; that the
so-called black list may be maintained
and given out for the use OF others.
Superintendent @. r. Frankel Of the
Second district OF the Western Union
eaid: THE case arose from the fact that
a certain plumber OF operators were re-
lieved on account ot reduction I'm force,
some for insubordination and for other
causes
They contended Il was on account OF
belonging 10 the union and that they
were therefore deprived OF a livelihood.
II was conclusively shown that all oper-
ators so relieved were employed either
by brokers or railroad companies. with
the exception OF one. who could not be
located l do not care 10 say anything
further"
ALLEGED CONSPIRACY
The case resulted from a bill filed by
Telegraph Operator Arthur Boyer ana
others. alleging they were members OF
the Commercial Telegraphers Union or
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 pc
1onged 10 the union; that II was the IN
tenton of the Western union 10 discharge
other employees solely because they be
longed TO the union. and that a conspi-
racy existed between the 81. Louis OH
GERS of the Western Union company 10
discharge all employees belonging 20 the
union and 10 break IL up; that the West
list" on which have been placed the
names OF the members of the union dis
charged. and that this is furnished 10 9TH
ers. and thereby those blacklisted have
been prevented from obtaining other en-
ployment,
The bill sought to prevent the Western
union from discharging any empioye be.
cause he was a member OF the union ana
the St Louis officers OF the company
from conspiring TO that end, and 10 pre-
vent interference OF any kind with the
union. and TO prevent the WESTERN Union
company from maintaining blacklist,
and placing thereon the names of those
who might be discharged because of being
members of the union.
DEMURRER SUSTAINED.
The Western Union company demurred
10 the bill and this demurrer was sus-
taned by Judge Rogers of Arkansas. sit
ting in the United States Circuit court.
today. Judge Rogers held that the West
ern Union company had the absolute
right to discharge employees not under
contractural relation with the company
for any or without cause: that like
right exists on the part of the employe
TO sever his relations with the company
for any cause or without cause; that II
Q contract OF employment is violated the
recourse of the empoye is at law, and
not by bill In equity, such was
brought in this case. that there could he
no conspiracy to commit a lawful act.
such as he held 10 be the discharge Of
the company's employees because of be-
Ing members Of union. that the COM
rany had the right 10 maintain a list on
which might he placed the name OF
discharged employe. and that cause OF
discharge and this list might be given
20 others. provided its contents were
truthful and its circulation honest: that
as the bill alleged the union was formed
for moral and proper purposes. there
should exist no objection on 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 conclus-
lively settling the law In the Western
Union company's favor.
The plaintiffs took 10 days time TO
amend their bill.
MlRQlchncEIT DIED