The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-08-19
THE RIGHTS OF EMPLOYERS AND
EMPLOYEES.


The decision of United States Circuit
Judge Rogers at ST. Louis settles some
points regarding the relation OF employers
and employee that have not been passed
upon before. The case briefly was this:
The Western Union Telegraph Company.
operators, and the latter, assuming that
they had been discharged because they
were union men and that the company in
tended TO discharge more men for the same
reason. asked that the company be enjoined
from discharging members of the union
and from making blacklist of those so
discharged. The company demurred TO the
petition on the ground that it did not make
a case for the interference of the court,
and the court sustained the demurrer. To
the complaint that the company had dis
charged the plaintiffs because they were
members OF the union the court held that in
the absence of a contract an employer has
a right to discharge any employe with or
without notice at any time, and that the
same right to quit the service Of an en-
ployer is accorded TO an employee. The
court said if there had been a contract be-
tween the company and the discharged en-
ployes they would have a right of action
for breach of contract, but in the absence
of a contract the right of the employer to
discharge an employe for any cause what
ever was as clear as the right of the en-
ploye to quit work for any cause whatever.
fo x~1os., &c. 81 hat anu
person should doubt it. AS to the charge
that the company was conspiring to de-
stroy the union by discharging employees
who were members of it the court said that
in law there could not be conspiracy TO
do lawful act, and as the company, in
the absence of a contract. had a right to
discharge its employees for any cause what
ever. the charge of conspiracy would not
lie. Finally, in denying the right of a
court of equity to enjoin the telegraph
company from maintaining blacklist, the
court said:
Suppose that a man should file bill al
leging that he belonged to the Honorable
and Ancient Order of Freemasons or to the
Presbyterian Church, or to the Grand
Army of the Republic: that his employer
that he discharged others in his employ
and intended to discharge all of them for
some reason; that he kept book contain
ing all the names of such discharged per-
sons and entered opposite the name of
each discharged person the fact that he had
been discharged solely on the ground that
he belonged to such organization and that
he had given such information to others
who refused to employ such persons on
that ground. Is it possible court Of
equity could grant relief? If so. on what
ground? And yet this is a parallel case to
that made by the bill.
Again it must be said that this puts the
case clearly. Organized labor occupies the
same position before the law as any other
organization. Membership in a union does
not enlarge ones individual rights or give
him a claim TO employment above member
ship in any other society, and if an en-
ployer choose to make it cause for dis
charge and blacklisting he cannot be pre-
vented from doing so. The justice, pro-
priety or policy of doing this is another
question.