The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-18
A THIRD INTEREST.
Should Labor Unions Be Forced to
incorporate

4ACOA JCAebO
In ali important conflicts between
capital and labor which result in stop
ping. production OF transportation, three
great interests are involved. Capital
and labor are involved as the principals
in a contest in which each strives to
gain conditions most favorable to itself,
writes Edgar T. Clark, grand chief con
ductor of the Order of Railway Conduc-
tors, to Golfers Weekly The third in
terest involved is the public. and upon
this interest inconvenience and loss
necessarily fail.
Compulsory arbitration by legislative
enactment, enforced by the judiciary
and the police power of the state, would
mean that, on the one hand. the en-
ployer might be forced to continue his
business under conditions which meant
certain and irreuievable loss and finan-
cial ruin. and on the other hand, that
the employees might be forced, against
their viii. to continue in employment
which was unsatisfactory and unproit
able to them.
And now word as to the incorpora-
ton of labor organizations. The argu-
ment advanced by the attorneys for
such employers as clamor for incorpora-
ton of labor organizations is that the
unions should be obliged to incorporate
and thus assume responsibility. Capital
Incorporates for the purpose of evading
or liDluQR responsibility ana NIS dL-
tOrneys of capital say that labor unions
should incorporate for the purpose of
taking on that which capital incorpor-
ates for the purpose of laying off
Ii is urged that labor union should
be leld responsible for losses which
might occur to others. as a result of
strike which the members of the union
might inaugurate. Let us see. An in
dustry is established at a point which
necessitates building W settlement
or town around the Wkrks. In the
course of years many of the employees
purchase homes there with their saw
ings. Others come in and establish
themselves in trades. dependent. of
course, upon the patronage of the en-
ployes of the industry which has made
the town. Now comes the merger or
trust which has gained control of the
industries of that nature, and buys this
particular factory or mill and decides
that its effort to control the commodity
demands that the establishment shall
be closed indefinitely. The employees
income is cut off entirely His home is
of doubtful value, because he can nelth--
er sell nor rent it unless the factory
or mill is operated. He must go else
where for employment. The trades
mans business is gone and he too,
must sacrifice much. or all NO one
thinks of holding the corporation legal
" liable for these losses It has simply
exercised its right to operate its pro-
perty or close it down as it chooses.
On the other hand: The employees of
that same industry believe that there
are questions affecting their wages ana
terms of employment which need al
justing. The employer refuses to al
Just them, and, perhaps refuses to even
talk with them about adjustment me
employees agree among themselves ina
they will retire from the service IN con-
cert They do so; and the industry, or
necessity. stops. The employer may
not be able to get other employees ana
the revenues from operation are cut OH
from both employer and emplOye-
Others who depend upon the output OF
that industry are Inconvenience ana
suffer loss. VIII any one say that an
Incorporated labor union to which those
men belonged would be legally llable
for those losses? Would the employees
not have exercised their simple right to
work or refrain from working as they
chose2
are committed in connection with
strikes. Unfortunately, that is true;
but if a labor union were incorporates
could it be legally or reasonably held
responsible for other than corporate
acts: that is, acts of. or authorized by,
the officers or directors of the corpora
tion2 If any man, member OF a labor
union or capitalist or vandaI comnn1ts
a criminal act, he alone should be held
responsible for it unless he is In con-
spiracy with others to perform unlaW-
full acts, when. of course, all partlc1-
pants should be held responsible. An
Incorporated labor union could be, and
should be- held responsible for the acts
of its chosen officers and agents, and the
members of the union would have to
look to their officers and agents to see
that no unlawful act was authorized.
There is no consistency in demanding
that labor unions shall INCORPORATE un~
der laws especially constructed and in
tended for corporations of capital If
it is desired that labor unions shall in
corporate, it is incumbent upon the
legislators to provide the foundation by
enacting healthy. reasonable and fair
laws under which such corporations can
be formed, with full knowledge and
clear understanding of the liabilities as
sumed, and the exemptions enjoyed,
hereunder. The liabilities of an incor-
Dorated labor union. and of its mem
bers, as such. should be substantially the
same relatively as those imposed, for
pecuniary profit upon the corporation
and its stockholders. The exemptions
guaranteed to the individual member OF
the Incorporated union should be as
liberal as those extended to the individ-
ual stoclSholder of the corporation of
capital Labor unions, as such, do not
wish to avoid responsibilities which
properly belong to them; but they will
hardly INCORPORATE under existing laws
for the purpose Of taking on response
bilities which they should not be ex-
pected to bear.