The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-16
TROUBLE In EMPLOYMENT LAW
FOR Actors. PADRONES, "SCABS"
AND MAYBE LABOR UNIONS.
VIII the Cars Of Organized Labor Have
to Take Out Licenses and Give Bond?
We won't, Actors say-Stage Money
10 Back 'Em-Padrones Lying Low.

1here 10 VIDE divergence oi opHi-
ion as to whether the law regulating
employment agencies passed at the last
session OF the Legislature does not apply
to labor unions and also to professional
strike breakers" such as James Farley,
who makes o business of furnishing non
union men to fill the places OF strikers in
times OF trouble on street railways.
The original intention in adopting the
law was simply to regulate employment
agencies and to prevent them so far as
possible from either swindling applicants
for work or supplying inmates for i'm
moral resorts. The measure is 40 drawn,
however. that many lawyers think that
not only could professional strike breakers
be convicted of misdemeanor under It's
provisions, but that every labor union in
the large cities Of the State which solicits
or secures employment for its members
could be compelled to take out license
and furnish bond, just as employment
agencies are compelled to do to comply
with the requirements of this particular
law.
Section 1 OF the act says that its scope
Includes any individual, company. associa-
ton or corporation procuring work for per-
sons seeking employment where a
fee or privilege is exacted, charged or
whether such fee is. collected from the
piicant for help" The only exception
to this sweeping provision indicated in
the law Is in the case Of agencies procur-
ing employment for school teachers eN-
clusively. The term fee is used to
mean money or written promise to pay
money.
One Of those who hold that the law ap-
plies to labor unions is Daniel Davenport,
counsel for the State Anu-Boycott League
On the other hand the lawyers OF the Peo-
pies Security Company. which looks after
the legal interests of practically all the
labor unions Of this city, declare that the
measure does not affect their clients in any
way. One OF them said yesterday:
tine intention Of this law is obvious.
One does not have to read further than the
title to find that out. 1t is entitled An
act to regulate the keeping Of employment
agencies in cities of the first and second
class where fees are charged for procuring
employment or situations If 1t was
the intention Of the Legislature to make
1t apply to labor unions the title would
indicate it, The title, as written is suf-
hcient guarantee that the lawmakers at
Albany were actuated in passing this meas
ure by the sole desire to regulate common,
everyday employment agencies and nothing
When Frederick L. G. Heating, Commits
pioner Of Licenses under the new Employ
ment Agency act, was asked yesterday
about the matter, he admitted that the
question whether labor unions came within
the scope Of the law had been considered
Informally by his department. No definite
decision has been arrived at
Mr.. Heating said that his attention was
directed to the matter by letters he had
received, some signed and some anony-
NOUS. He seemed inclined to agree with
kho nxy,a Ia Int tha
law does not affect labor unions, although
he did not say 30 In 80 many words.
"The first question is said he, Do the
trade unions procure work or employment
for their members, or dc they assist In Pro,
they do. the next question Is, Do they charge
. fee or exact privilege for this servioef
II It oan be said that they do both-that Is
secure employment for members and charge
p fee-tbey are within the limits and pur-
ployment agencies.
1T makes no difference what the person
or association calls itself, whether an en-
ployment agency or trade union or
title has no significance whatever. The
test is solely on the business they are en-
Oaged In and the manner In which they
carry it on.
"The whole matter as far as labor or
Plantations are concerned, resolves itself
Down to the one point: Do they charge
fee for securing. employment for their
members? That Ia q question yet to be
determined, as far as this department is
concerned.
unions exact dues from their members,
and that in many cases men cannot obtain
employment unless they Join the unions
and pay. dues, fees are charged by. them
within the meaning OF the law. This, it
eeenas to me, Is q strained Interpretation
ha 1InhalH hv n
The State
Section Of the law has all the appearance
Of . joker. It 10 under its provisions that
possibly professional strike breakers may
be penalized in cities of the first and second
class In this State. 1t says:
No person shall induce or attempt to in
ment with q view to obtaining other en-
ployment through such agency.
Italso provides that when an agency agrees
to send one OF more persons to work as
the city 1t shall file with the Mayor within
i've days q statement containing the names
and addresses OF the employees, also a
description Of the nature OF the work they
are to perform, the hours OF labor, the wages
offered and the terms OF transportation.
This section was designed principally,
It IL thought, to force agents who hire men
In one city to fill the places of strikers in
smother to furnish list of the "scabs, "
when can Do USED 10 gOOC advantage ny
the Entertainment committees" Of the
striking unions. In this way, too, union
men who leave their homes to work on non
union Jobs in other cities can be readily
traced. The first sentence Of Section 9,
which is quoted, is evidently aimed directly
ut professional strike breakers.
Curously enough, the most pronounced
opposition to the law comes from actors.
Dramatic agencies come within it's pro-
visions and must obtain licenses to do bust
ness, just Ike the agencies that procure
places for mere household help. That ia
where the rub comes in. Actors-some Of
them, at least--feel that it is an outrage and
Q disgrace to be classed with cooks, cham
bermaids and waters. So strong is the
feeling against the law on the Rialto that
the Actors Protective Association has
been form Cd to resist 1t in the courts
Notice of the formation Of this organiza-
ton has been served on the license COM
missioner, and he has been warned to be-
ware lest the wrath Of the stage descend
upon his head. 1t was asserted in Broad
way yesterday that each member Of the
association has contributed $3.50 to the
cause. Whether this was in stage money
or not could not be definitely found out.
Another class which does not take kindly
to the law is composed Of the padrones
who furnish laborers for all kinds Of con-
struction work. Thus far not single one
has taken out a license, although notices