Omaha daily bee., 1903-06-07

transact all of our business between con-
venions. We are too jealous of our liber-
ties, our rights, and the initiative and
referendum to surrender them to n board of
directors, even II 1t was composed of angels.
This brings us to what may be called
the constructive part of the symposium.
Under the present laws, the unions are
practically a unit against Incorporation
though the Knights of Labor and a few
minor unions ave incorporated. The rep
resentatives of the general public are prac-
tically a unit In declaring that incorpora-
ton should not be forced upon the unions.
AS President Eliot of Harvard expresses
it, II am not in favor of compulsory in
corporation for unions, or for anybody else,
because Incorporation is to my mind a
privilege, and not a duty to which the
people should be forced" Nevertheless,
among the representatives of the general
public, as we'll as among employers, there
is a strong sentiment hat unions today
exercise too vast a power to remain ire
sponsible. and that Incorporation would
increase their responsibility, and Enable
the public to prevent acts hostile TO the
public welfare. What is needed, therefore,
is, on the one hand, the holding of unin-
corporated unions liable for the damages
they inflict, and, on the other hand, the Of
fering OF terms of Incorporation as favora-
bic to labor uions as are the
present laws to unions of capitalists.
Along the first line Of action. Mr..
F. j. Shmson of Boston-the highest
authority on American statute law and
American labor laws-write that no new
statute is needed in this country to prose-
cute unions for damage inflicted by their
illegal acts. So far as damages for such
acts are concerned. he writes, 'the dangers
of incorporation are certainly 10 greater
than at present." The unions, says Presi-
dent Eliot, are likely to desire incorpora-
ton II under present laws they are held
strictly accountable for their acts. But II
is agreed that unions should not be forced
to incorporate under the same laws as
business corporations. New statutes should
De framed. Henry d. Lloyd. speaking from
his Australian observation. writes: 1.-THE
trade unions Of New Zealand and Australia
have incorporated almost universally, be.
cause by doing so they have been giver
valuable privileges, such as the power tC
hold real estate, sue members for dues
punish oficers-mos Of all, to secare arbi.
tration in case OF dispute with employers
II the leaders of the American world desire
our trade unions to incorporate, let then
offer them Inducements which will make Il
worth their while to do So" James A. Mil
Ter, the chairman Of the legal committee o.
the Building Contractors councils. makes
a suggestion along a similar line. H,
writes: "a law might pass the scrutiny o.
the courts that would make criminal GER
tain acts done by a combination (unin
corporated) that would not be so II done By
a corporation having capital stock. or. per
haps, having bonds on file with the secre
tary OF state that could be reached FOL
damages. In this way the unions might de
eide II to be to their advantage to in
corporate Apparently in a hundred way
an incorporated union. financially response
BILE for its acts, might be relieved from
processes now directed against it's officer
and members, upon the ground that suit
at law could AFFORD no relief to those in
tured by their action. All laws on this sub
ject must be drafted with extreme con
servatism, and the final statute must be
growth rather than a creation. But III,
time for considering new legislation is Ger
tainly at han Great organizations
whether Of labor or capital. cannot safeI,
be allowed the unregulated power which
is safely allowed TO individuals or even 4
petty partnerships and associations. FoI
the supremacy Of our democracy. tradei
unions and trusts must be brought unde
the oversight and eontol Of law.