The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-05-11
RIGHTS OF LABOR.
They Are to Be Tested in Su.
preme Court.
Rule Concerning Discharged
Employees in Question.

A suit of great Importance to laboring
men, especially those who are members
of labor unions was filed today in the
supreme court on an appeal from the
district court of Montgomery county.
The appeal is brought by the Coffey-
Vile Nitrifed Brick and Tile company
in suit against il wherein T. p Perry.
a former empl0ye, secured a judgment
against the company for discharging
him and refusing to give him the rea-
son in writing for his discharge. He
says that he was discharged for joining
a labor union.
Perry alleges in his petition that he
was receiving $l50 a day in the employ
of the company prior to May 81, 1901,
and that prior TO that date he made an
application to join the Labor Protection
association. a branch of the American
Federation of Labor On May 81 he
was discharged by the foreman. He
asked the foreman the reason for his
discharge and the foreman replied that
he had been ordered to discharge him
by George Francis, general superintend-
ent Of the company. Perry went to
Francis and demanded the reason for
his discharge in writing. He says that
Francis refused to give him a written
reason for his discharge, but said:
You know why you were discharged.
Nou union men scored the first point
when you compelled us to pay you
wages once a week instead of once a
month as we had been doing. You
scored the first point, but we are going
to score the second point "
Perry then brought suit against the
company, asking for 50 600 damages
and $500 for attorneys fees. George r.
Smelling. who was assistant attorney
general under L. c. Boyle. during Gov
ernor Leedys administration is one of
Percy's attorneys. The jury gave Perry
a Judgment. but cut it down to s100
The company now appeals the case
on the ground that the law under which
ia r,f-,r
both to the constitution of Kansas and
to the constitution of the United States.
1t is a question Of great importance to
la Dor.
The law in question was enacted by
the legislature of 1897 and it is found in
chapter 144 of the session laws of 1897.
the first section of the law prohibits
blacklist. The balance is as follows:
so. ANY employer of labor in this
state shall. upon the request of dis
charged employe. furnish in writing
the true cause or reason for such dis
charge.
80. Amy employer of labor his agent
or employe. who shall violate the pro-
visions of this act shall be guilty of a
misdemeanor, and shall upon cOnVic-
ti0n be fined for each offense the sum
OF one hundred dollars. and thirty days
imprisonment in the county Jail.
90 ANY person firm or corporation
found guilty of The violation of sec
lions one and two of this act shall be
equal to three times the sum he may be
injured. and such employers of labor
shall also be liable for a reasonable at
torney fee. which shall be taxed as part
of the costs in the case"
This is supplemented by sections one
and two Of chapter 20 Of the same SEES
sion laws which are as follows:
'lt shall be unlawful for any person,
company or corporation or the agent,
officer. mana ger, superintendent. mas
ter mechanic, or foreman of any person,
company or corporation, to prevent en-
ployes from joining and belonging to
any labor organization: and any such
person. company or corporation or any
agent. mana ger. superintendent. master
mechanic, or other officer of any per
SON, company or corporation. that CO.
erces, or attempts to coerce, by dis
charging or threatening to discharge
said employees because of their connec-
tion with such tabor organization. shall
be deemed guilty of misdemeanor. and
upon conviction thereof shall be fined
In any sum not less than fifty dollars
nor more than five hundred dollars.
any person, company or corporation
doing any of the acts prohibited by sec
ton one of this act shall be liable to the
person injured in exemplary or punitive
damages not to exceed two thousand
dollars, to be recovered by civil action
and in addition thereto a reasonable at
torney fee, to be recovered in said civil
action for damages"