The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-15
a UNION BOOMERANG.
Employer Escapes Eability Because Of
Trades OPGanizatlOn Rules.


The Supreme Court Of louisiana In the case
OF Farmer against Kearney has lust handed
down sdeclsIon on the question or employers
liability which shows how labor unions some
| times oYerreach themselves In attempting
to gain economic advantages The plaIntin
Farmer. while working with a gang OF screw
men slowing cotton In the hold OF a steam
ship. was injured by the falling Of one OF the
bales from q sling attached to a derrick
operated by an employee OF the defendant
Kearney, q stevedore. Farmer sued for u 900,
alleging gross negligence on the part OF the
defendant in using unsafe appliances and UNI
due hasle. Kearney denied his allegation.
and furthermore stated that the plaintiff had
assumed the risks OF his employment and
could not recover for the negligent conduct
Of a fellow servant. Judgment was rendered
In favor Of the defendant in the lower court
and afATmed In the tribunal of last resort.
In the course Of the litigation the facts were
disclosed that the stevedores had no control
over the men they employed and that the
business OF loading and unloading vessels
was under the absolute direction Of two labor
organizations. known as the screwmen's Asso-
citation and the Longshoremen's Association,
The following. testimony was given by the
defendant on the trial;
O.. Mr.. Kearnoy, what is your bustness'
4. / am stevedore for the Harrison Line steamers.
@. Were you engaged IN loading the steamer
SAuhNNihp bh 'HN q 'tN INV
to have occurred
and LIeSngisRSremsn'':s AssOciSdons'
:, 20 ,hsy AZ ~ position, sUper'alnlng to the
8. Under your engagement, with the screwmen's
Association 90 you or not select a "inehman OF
"A, No sir; / have nothing to do with It.
Q. Whom do you employ
4 ! must employ a foreman. who is q membsr
9. Can you employ the captains q the hatehi
sc 4. ! cam, ea% .sSS.,,O I, Z % ae empioJ the sn Nie ot Of th ss9
bytas CO.., r:.Ksv.mey, explain in a few wore, re
Harrison Line to unload their vesscis'
{, Isl Isl ne how you 60 seeY. i, a..
scrs TUTE .so SIEap ,Ss s5In, and ,s sn f s,m q. the sm5 %e1
Of gangs that I want and the amount that Is to 60
in 6 eaG No ,ssp sSo cn h ,his pS sTf b PT Usc ina% 'GlG Sg you
employ as foreman
4. A. 4 man %R, y "a "a b nA S.io of Powers
J. He was a member of the screwmen's organl-
9. You told Powers how many gangs you wAnted'
8. And who employed the plaintiff. you or Pow,
4. The foreman an, Of ~, sRs ship s smpl,9Ey ,; n him;
a aaa nt the s fsen started am "h" Working kin oo"" 'D'' morning
BY counsel for defendant-What would. be
the result 4 you pG, an expert mechanical engineer
A. All work would stop 4 ] employed anybody
0V 3. Wi" al work w A would stopH by Shom'
to 90 to work-the membersof the organization.
Q. And II the ecrewmen refused to 60 TO WORT
the loneshorcmen that ship
8. Would they or would they not turn over stuff
mems AssoclationI
A. No. sir.
Judge Nichols. speaking, for the Supreme
Court, refuses to 20 into the question as to
who of the workmen was negligent. He says
at the close OF a long opinion:
When a person contracting for work which he
form the same the individual workmen employed
rely upon the contractor having and exercising
ton OF workmen other than themselves: that he
VII VII see to It tia, they each have proper knowledge.
The workmen may. however. elect In any par
ticnlar case, as between themselves and the con:
o otaisStii no rs snd ih aee re lsfssn ibGR 'h rssui aSaes fr sna
their non-performance.. by selecting. agencies Of
their own choice. TO which they look for their own
proper protection. and which they substitute for
that purpose for the contractor. The responsi.
billy Of the contractor rests upon freedom Of
S SSf1n%saD Instead po Of allowing issfi matters matte ! 70 take tbeir
consent TO accepting service that he Uhe contrac-
tor will yield in their favor this right of freedom
al Sbs sSs'eP hl as i r. Ss' fsspons sbH syp SSieS Toald ot ansy
wise be thrown upon him and look to that OF their
When the workmen delegate to a labor organi-
5 z4IiGn which MitS , snsy 6 have 30 Joinsd IA. tenS e *. o, Tiers IL IL
those organizations. and the action Of those asso-
to's sheS' for t hnslGi i ns EHHi s saie sy% sne pt s%eesoiy
so faT as The contractor Is concerned. II they deem
n msmo tSsm' II ie aanne, scce ss oG 5Re benes Sene snd
%repudlate the resulting legal disadvantages.