The Montgomery advertiser., 1903-08-18
MAY DISMISS MEN
JUDGE ROGERS hvA4Ds WESTERN
 UNION HAS RIGHT.
In Opinion St. Louis Judge Sustains Every Point Urged by the Com pany's Attorney Ellinous
 Smith.

St. Louis. Aug. i7.-Judge Rogers. in the United States Court today handed down an opinion sustaining the demurrer of the Western Union Telegraph Com pany in the labor injunction case of Rover, ct al against that company. Tn the written opinion Judge Rogers sustain ed every point urged by Attorney EIIi- nous Smith. representing the defendant company. holding that the company has absolutely the right to dismiss. employees becausa they belong to the union, or for any ether reason that there can be no conspiracy to do lawful act; that the so-eallea blacklist. may be maintained and eEvsn cut for the use sof etkers.
 @upeftatsnasat s4J. e. Fenkal, of the esscs9 q plFtFlss Ses R l5s SSgestssn pulon.
 ..aThs case arose from the fact that a certain number of operators were re- lieved on account of reduction of force. some for tnsubordlnAtion and for other causes. They contended 1t was on ac- count of belonging to the union and they were therefore deprived of a livelihood. It was conclusively shown that all oper- attors 90 relieved were employed either by brokers or railroad companies, with the exception of one who could not be located. do not care to say anything further
 The case resulted from a bill filed by telegraph operator Arthur Boyer, and others. alleging they were members of the local lodge of the Commercial Tele- graphers' Union of America. and that they had been discharged from the ser. vice of the Western Union Telegraph Company solely because they belonged to the union; that 1t was the intention of the Western Union Company to dis charge solely because they belonged to the union, and that a conspiracy existed between the St. Louis officers of the Western Union Company to discharge all employees belonging to the union and to break 1t up; that the Western Union maintains so-called blacklist" on which has been placed the names of the members of the union discharged and that 1t is furnished to officials and there by those blacklisted have been prevented from obtaining other employment.
 Judge Rogers, of Arkansas, sitting in the United States Circuit Court, held that the Western Union Company had the absolute right to discharge employees not having contractual relations with the company for any cause. or without cause; that a like right exists on the part of the employe to sever his rela- tons with the company for any cause or without cause; that if a contract of employment is violated. the recourse 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 discharge of the company's em- ployes because of being members of a union: that the company had the right to maintain list on which might be placed the name of a discharged employe and the cause of discharge. and this list might be given others, provided its con- tents were truthful and It's circulation honest; that as the bill alleged the union was formed for moral and proper pur- poses there should exist no objection upon the part of an employe to have his based upon the mere fact that he was a member of such an order.
 This decision Is regarded as conclu- sively settling the law in the Western Union Company's favor. The plaintiffs took fifteen days time to amend their bill