Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1903-08-20
UNIONS HARD HIT.
Federal Judge Rogers Gives q
Sweeping Opinion.
BOYER Er Al. vs.. WESTERN. UNION
The Judge Says That the Company Has the
Right to Discharge Employees for Be-
longing to o Union and Also the
Rieht to Keen Blacklist.


st. Louis, Aug. 1S.-Judge Rogers,
in the United States federal court,
yesterday 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 writ
ten opinion Judge Rogers sustains
every point urged by Attorney Eleni-
Gus Smith, representing the defendant
company, holding that the company
has the absolute right to dismiss en-
ployes because they belong to 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.
The case resulted from bill filed
by Telegraph Operator Arthur Boyer
and others, alleging they were mem
bers of the Commercial Telegraphers
Union of America, local lodge No. 10,
of st. Louis, and that they had been
discharged from the service Of the
Western Union Telegraph company
solely because they belonged to the
union; that 1t was the intention OF
the Western Union to discharge other
employees solely because they belonged
to the union, and that a conspiracy
EXISTED between the st. Louis officers
Of the Western Union company to dis
charge all employees belonging to the
union and to break 1t up; that the
Western Union maintains list, 90
called a blacklist" on which has been
placed the names of the members of
the union discharged and that this is
furnished to 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 employe because of his being a
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 maintaining a
blacklist and placing thereon the
names Of those who might be dis
charged because of being members Of
the union.
The Western Union company de-
INJURED to the bill and this demurrer
was sustained by Judge Rogers, OF
Arkansas, sitting in the United States
circuit court yesterday. Judge Rogers
held that the Western Union company |
had the absolute right to discharge |
employees not under ccntractural rela-
lions with the company for any cause
or without cause:S that like right ex-
lists on the partNof the employe to sever
his relations with the company for any
cause or without cause; that II con-
tract of employment is violated the re-
course of the employe is at law and
not by a bill Of equity, such as was
brought in this case; that there could
be- no conspiracy to commit lawful
act, such as he held to be the dis
charge Of the company's employees be-
,ause Of being members Of union;
hat the company had the right to
list on which might be
placed the name of discharged en-
,loye and the cause Of discharge, and
his list might be given others, pro-
vided its contents were truthful and
ts circulation honest; that as the bill
Illeged the union was formed for
moral and proper purposes, there
ould exist no objection upon the part
4 an employe to have his discharge
,ased upon the mere fact that he was
member Of such an order.