The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-08-08

AFFIDAWTS SWORN GU
Organization Claim Road Has Dis.
charged Men on the Ground That
They Were Affiliated With
Labor Organizations.

Labor Organizations.
From Louisville where the first case
WAS brought last week against the chief
dispatcher of the Louisville and Nashville
railroad for diseharging members of the
Order of Railway Photographers. because,
as is alleged, they belong to the union.
L. A. Tanquary. deputy president of that
order has shifted his base of operations
to Birmingham and yesterday he iled af-
fidavits with Judge Roulhac against sew
eral officials of the same road.
Although names were not given out.
warrants have been issued and the case
will be set for probably Tuesday of next
week before a United States commission
er. However, upon agreement between the
United States district attorney and At
torney John P. Tillman for the Louisville
and Nashville the persons wanted will
appear at court without the warrants be-
ing served.
The ground upon which the Order of
Railway Telegraphers is baslng its prose-
cution Of the Louisville and Nashville Of
fieals is section 10 of the act entitled,
| National Trade Unions and Controversies
Between Carriers and Their Employees"
of the United States statutes which was
passed June 1, 1898
Railroads Line of Defense.
In the Louisville case the roads defense
was that the act is unconstitutional and
that telegrapher in his relation to the
road does not come within the term
"employes" as defined in the act referred
to, which says the term employees as
used in this act shall include persons ac-
tually engaged In any capacity in train
operations or train service of any descrip-
tion," etc
Below is the section whose constitution
ality the railroad will test and upon which
the telegraphers' union bases its fight.
IAN act concerning carriers engaged in
Interstate commerce and their employees
of June /, 1898.
Sec 10. That any employer subject to
the provisions of this act and any officer,
agent or receiver of such employer, who
shall require any employe or any per-
son seeking employment, as condition
of such employment. to enter into an
agreement, either written or verbal. not
to become or remain a member of any
! labor corporation, association, or organ
ization: or shall threaten any employe
with loss Of employment, or shall unjust
~ discriminate against any employe be-
cause of his membership in such labor
ton. association, or organizations
or who shall require any employe or any
person seeking employment as eondl-
ton of such employment, to enter into a
contract whereby such employe or appii-
cant for employment shall agree to con-
tribute to any fund for charitable, social
or beneficial purposes: TO release such EN-
ploye from legal ability for any per-
sonal injury by reason of any benefit
received from such fund beyond the pro-
portion of the benefit arising from the
employees contribution to such fund.- or
who SHALL after having discharged an
employee, attempt or conspire to prevent
such employee from obtaining employ
ment is hereby declared to be guilty of a
| misdemeanor, and upon conviction there
of in any court of the United States OF
competent jurisdiction in the district IN
which such offense was committed, snail
be punished for each offense by fine OF
not less than 500 and not more than
$1,000"
Mr.. Tanquary States Case.
When seen last night. Mr. Tanauary
said; aFor some years back the Louis
Vile and Nashville road has been refus-
ing to employ members of our organi-
cation and when it was discovered that
one of it's telegraphers was a member, he
was discharged. The facts are we have
been so busy that 1t is only within the
| last thirty days that we have had time
to turn our attention to the LOUISVILLE
and Nashville. We find that they are fight
our organization In violation of the United
| States laws. This is the cause of the
present activity Every railroad run
ming into Birmingham and every road
of any size in the southeast territory
excent the Louisville and Nashville, has
entered into contracts with us regulating
wages and hours We got evidence that
J. r. Scott. chief dispatcher at Louis
Vile, had discharged several members
Of the order for the reason that they
were members and we brought action
against Scott He is now held under bond
to await the action OF the United states
grand jury in October,
'-rhe Louisville and Nashville's defense
was that telegraphers are not employees,
although in injury cases they say they
are. and that the act is unconstitutional.
The commissioner held that there was
no question but that the law applies to
railroad telegraph operators.
"on instructions from our president
came here, and have filed affidavits with
the district court, charging number OF
Louisville and Nashville officials with
! the same offense. If telegraphers are
not employer in the operation of trains,
then air brakes or modern signal service
systems are not used These are GER
| tainly controlled by the telegrapher.
Barn Burns at East Lake.
The livery barn of Clarke & Son at
| Seventv-fourth street and First avenue,