Omaha daily bee., 1903-06-07
Incorporation of Trades Unions
~t+s&%Editorial Discussion in The Outlook%S%%

Our own national union" he writes, has
hundreds OF agreements with manufactur-
ers in which bonds were given to insure
their faithful performance, and in every
case where the union sued for the for
fixture of the bonds it failed, although the
violation of the contract was not ques-
toned. 1t was held by the courts that the
agreement was not valid because obtained
under duress, that the employer was not
free to refuse to sign the contract pre-
scented, as 1t would be impossible for him
to continue In business otherwise"
President Daniel ]. Keefe OF the Inter
national Longshoremen's union, concludes
his opinion with the declaration that more
ample redress is obtainabIe today for dam
ages where liability of labor organizations
can be proved than can be hoped to be OBJ
tained by labor organizations where corpo-
rations have violated the law"
The fear of litigation expressed is not
merely the fear of suits directly instituted
by employers, but OF those instituted by
dissatisfied member OF the union. This
point in a most striking fashion is urged
not only by unionists. but by representa-
tives of the general public and Of the bar.
j. W. Sullivan Of the New York Typo
graphical union. writes that the union is
now a big. self-governing family" which
settles all Its internal disputes according
10 the will Of the majority. Incorporation
would admit non-kinsfolk at the head of
the family table" George Fred Williams
OF the Boston bar writes: LAS It is now,
trades unions are domestic bodies depend
ing upon the immediate and ready willing
ness Of their members TO act in unison.
' Incorporation OF trades unions
would be fatal because It would take away
the democratic character OF the orEaniza-
ton" Mr.. Frankenheimer OF the New
York bar says that he would no more ad-
wise a trades union to incorporate than he
would advise the New York Stock ex-
change to incorporate. The courts have re-
peatedly held that their power over vol
untary associations was not as great as
II is over corporations. Were q trades
union to be Incorporated, every member
who may have been disciplined, suspended
or expelled would appeal to the courts for
redress, and the organization would be con-
stantly embroiled in litigation OF this kind.
Moreover, sinister influences might be
brought 60 bear upon a sufficiently strong
minority to Justify Interference by the
courts in the internal affairs OF the a~ssocia-
tion, II Incorporated. which would not be
N AS"NNNA oNAoA6 IA HlnOIllNt III
the association were a voluntary one"
DR.. Adaona Weber OF the New York
labor bureau, who writes OF the subject
with perhaps the largest knowledge OF
any Individual contributor. fears the same
result, unless the law for the incorporation
Of the union distinctly relieves It OF
responsibility for the unauthorized acts
OF individual members. 'The field" he
writes, FOR intrigues between d~esignine
employers and avaricious members would
be very large. The unions might find II
Impossible 10 maintain any funds what
ever and that would. Of course, spell the
death OF unionism lad of collective bar.
gaining" Indeed, DR.. Weber's opinion
upon this point and that OF the lawyers
In warmest sympathy with trades union
ism practically s~ustains the position taker
by President Perkins OF the Intsrnnt ionaI
Cigar Makers union. who sums up the
attitude OF one OF the best managed unions
IN the country as follows:
We object to being placed in a position
where we cannot do business that Is strictly
lawful without the consent of the judiciary
We will never incorporate until our Legal
status is well established and laws enacted
cured as the result of years OF trade unior
activity. II We were Incorporated, a board
Of directors would have a legal right q