The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-09-25
SHEEHAN FACTION LOSES LEGAL
FIGHT AGAINST PAINTERS UNION
Superior Judge Hunt Decides That Its Leader Is
Not Eligible for Office in Labor Organization
Because He Holds Political Position in City

The bitter factional fight in the Paint
ers'. Decorators and Paperhangers'
Union, which was carried into the
courts and occupied weeks Of trial in
Judge John Hunts court. has been de-
cided against the so-called 'Sheehan
faction" and the temporary injunction
heretofore granted is dissolved. Shee-
han claimed TO have been elected presi-
dent Of the union, but Judge Hunt
holds that he was ineligible for the Of
fee because he held a political position
painter for the Board of Public
Works-contrary to the rules of the
union. The other officers elected By the
Sheehan following are held TO be legally
in office. They do not include the treas
urer and financial secretary, who were
elected by the Mclvor faction.
Two actions <ere filed by Sheehan,
and in his long opinion Judge Hunt re-
views the facts in both cases. The
opinion follows:
The complaint in one of the actions
alleges that on the evening of Deem
Der %, 1903, Sheehan was elected presi-
dent of Local Union No. 10; George p.
Bowen. vice president; one Berrinque,
drews, financial secretary. That at a
meeting Of the union subsequently held
on January II. one Burkhardt was
elected treasurer. That some of the Of
ficers thus elected subsequently refused
TO be installed and refused to turn over
to their successors, who were duly
elected officers. the property OF the I'M
ion. which consisted, among other
things, of moneys in bank, certain
shares of stock in planning mill and III
the Labor Temple and in a newspaper
called Organized Labor. The action
was brought to compel an accounting
from the recalcitrant officers.
SPLIT IN UNION.
The complaint in the other action
declared that on January Is. 1901, a
number of parties previously belonging
TO the union seeded therefrom and at
tempted 10 organize a new brother
hood bearing the designation of Local
Union No 49,; that the use of said
name was unauthorized and occasioneo
damage and injury to the plaintiffs
who allege that they and the members
for whom they sue are the legitimate
and lawful members Of Local Union
No. 1S.' The complaint prays for ar
injunction restraining the use of thai
name by the defendants and to recover
the sum Of $4,000 damages, alleged &c
have been sustained in the premises.
Both actions were tried together
1t appears that on the evening of De-
Gerber %, 1903, a regular semi-an-
nua' election Of the offers If lii
uInon should have taken place. iiI-
constitution of the union provided
that any member nominated. elected
or appointed to a political position
should not be eligible 10 hold office in
the brotherhood. When the name OF
Sheehan was proposed for president
his eligibility was Immediately attack
ed upon the ground that he held q
political position. The point of order
thus made was overruled by the chair
an appeal was taken and the chair
was sustained; thereupon the meeting
amid tumultuous disorder. elected a
vice president, recording secretary and
financial secretary and adjourned.
The next weekly meeting thereaf-
ter, on January 4 was presided over
by Vice President Bowen, Sheehan
apparently making no effort to pre-
side over the meeting. At that meet
ing the question of Sheehan's eligibil-