The labor world. [volume] (Duluth, Minn.) 1896-current, 1905-07-15
NEW ENGLAND COURT
GETS BAD HABIT ALSO
Gives Telling Decision Against
Labor Organizations at q
Critical Moment.
Deals Death Blow to the Union
Shop and Holds That Union
May Be Sued in Court.

Boston, Mass. July 13.-The Massa-
chusetts supreme court has followed in
the footsteps Of the highest court in
Illinois and declared the so-called clos
ed shop-more properly, the union shop
unlawful.
The case just decided Is that OF
Michael T. Berry VS.. Jerry E. Dono-
van, which has ben fought through
the lower courts during the past year.
Berry has ben employed by Goodrich
Co., shoe manufacturers Of Haver-
hill. On Jan. "a. 1902. the Boot aQd
Shoe Workers Union entered into an
agreement with the Goodrich Co. to
grant that firm the use of the union
label upon condition that the plant
would be operated as a union estab-
lishment. Berry declined to join the
union and was thereupon discharged.
On April Is, 1904, Berry brought suit
against Jerry e. Donovan, business
agent Of the boot and shoe workers.
for $1,000 damages. The lower court
declared In favor of the plaintiff and
now the supreme court affirms the
verdict
In the opinion Of the court, written
by Chief Justice Knowlton, the unions
are striving to obtain a monopoly and
run the industries. Says the court:
THE attempt to force all laborers to
combine in unions is against the poll
icy of the law, because it aims at mon
opoly."
And
If such an object were treated as
legitimate, and allowed to be pursued
to it's complete accomplishment, every
employe would be forced into a men,
bership in union, and the unions,
by combination Of those in different
trades and ocupations, would have
complete and absolute control Of all
the industries of the country
The matter was finally clinched in
these words:
I'VE only say that under correct
rules Of law, and with proper regard
for the rights of individuals, labor
unions canot be permitted to drive
men out Of employment because they
chose to work Independently"
The edict Of the Massachusetts, su-
preme. court. Is j surely plain enough.
and It 5is,=not s,,yp rising sthat on4rssf
;,s.l
wealth IL quoted - saying that this
is the most 5far-reaching and import
ant decision made in this state in fifty
years."
correct. In fact the Massachusetts
court has gone even further than the
Illinois body or the Vermont supreme
court, which recently legalized dam
age suits against unions. At one swoop
the Massachusetts court kills two birds
with one stone by declaring the union
shop unlawful and by sanctioning DAM
age suits against unincorporated organ
izations through its representatives.
The declaration of the court that
the attempt to force ALL laborers to
combine is against the policy of the
law, because it aims at monopoly"
goes further than any utterance that
has yet come from the bench. If this
is true, then every shop, factory, mine,
railway, ETC., operated by union labor
exclusively, is an unlawful institution.
But, on the other hand, what about
those shops and factories that are op-
Grated solely by non union working
people? Are those unlawful, too! II
not, the fact is plain that the courts
are deliberately discriminating against
organized labor and are dealing out
jug handled Justice.
Again, the courtsvhave held, times
without number, especially in declar-
Ing laws to prohibit blacklisting un-
constitutional, that employers nave the
right to hire and discharge whomso-
ever they please. Yet, Judging from
the above decision, it appears that en-
ployers have no such rights when they
prefer to employ all UNION workers.
and only have that right when they
wish to victimize union employees and
encourage scabbery among the toilers.
We do not suppose that the shining
lights Of the judiciary will attempt to
explain this transparent inconsistency.
They are in power, they may interpret
twist and straddle in. a contradictory
manner, they may turn a deaf ear to
every cry for justice that comes from
organized labor that is battling against
enslavement, and they may go on in
their cold, brutal way shielding the
tyrannical Parrys and Posts and their
scabs and spies Of the Berry stripe, but
there will come a time when an out
ragged working class will rise in it's
might and drive from office the be-
"igged sappers and miners who en-
brace every opportunity to destroy the
rights and liberties of labor in the in
terests OF a greedy, unbridled plutoc-
racy.