The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1907-08-29
TRIBUTE TO UNION|SM.
prevailing Rate of Wages" De-.
fined by Judge.
UNIONS FIX PRICE OF LABOR

'''"os our'sN occides rat Union
Scale Determines Rate Of cornpensa.
tion-Says Good Workmanship 10
Guarantees by Trade Organizations.
Judge James w. Craig of the Dan
vile GID circuit court recently rem
drrcd decision defining the term
prevailing rate OF wages" md incl
dcntt!iy paying II tribute to the de-
gree OF skill ana good workmanship
guaranteed by tho trades unions The
Following is the text or the decision:
In this case the complainant filed
his bill to enforce his lien The case
after being Mt Issue was referred to
the master to tnke evidence and rc-
port with conclusions. The parties
on either side presented witnesses and
their evidence was taken and tho
cause heard by tho master, and he
makes and filed his report with con-
illusions. The defendant excerpts, and
the cause Is now before the court on
INC evidence taken, wf.h exceptions to
the report. have heard the argu-
ments of counsel made In open court
ana have since read tho evidence.
The contention by tho defendant In
support OF the exceptions seems to be
thnt the complainant employed union
labor and desires to hnvc the union
scale wages adopted In this case MS
the price for the work. 1t is claimed
That the work In question could have
becn done cheaper by the contractor
II he had employed nonunion labor
instead of employing union labor. as
he did.
The witness. ]. w. Mcintyre, intro
duced for the defense, presents that
question. lie says, 'rhcre might DO
some fellows that did not belong to
the union that lie could get for lower
prices" lie further says, pretty
near every man that is capable of han
ding and doing the work Is n union
man" and also further says: 1.-THE man
that belongs to the BrIcklnyers' union
figures by the union prices The man
that does not belong to the union
figures on n price under the union
man." 1t can be said that the price
of the .BriclSlnyers'au union Is known.
The price of the other is not known.
Had tho defendant wanted his work
done by nonunlon labor and Mt low
err scale than the union labor It would
have been fair for him to have said 80.
and then the complainant in taking tho
contract would have taken this mat.
ter Into consideration in doing tho
work. He might have considered that
he could not get tho labor outside OF
the union, as 1t Is well known that
there is great demand for compe-
tent lnborcrs. The defendant en-
ployed the plaintiff to do the work
without any expressed contract or any
reservation MS to where he should go
for help, and the plaintiff had the right
to do the ordinary and customary
thing, and the ordinary and customary
thing was to employ union labor, Ms
the evidence shows TINT nearly every
man that Is capable of doing the work
Is union man. I have no doubt
that at the time the contract was
made both parties understood and
knew that nearly every man that was
capable of doing the work was I'M
ion man and that by force Of circum-
stances union labor was to be employ
ed to do the work, and now after the
work Is done 1t Is claimed that perhaps
some person or persons could have
been found outside OF the union to do
this work at cheaper price. This is
mere guess or speculation when 1t
is shown that nearly every man that
IS capable OF doing the work Is a mem
Der of the union. 1t follows that
when nearly every man that is ca.
Dnble of doing the work belongs to the
union they VIII fix the price which
will govern in all cases where there Is
not an expressed contract US to the
price to be paid. AS there is no way
to compel men to work, there are no
longer slave pens in which labor is
sold.
Then. again, the master saw and
heard the witnesses testify, and he
is the one to weigh the evidence and
is not to decide the case by the num-
Der OF witnesses merely, but by the
weight of evidence. 1t cannot be
fairly said in this case in going over
the evidence the master decided the
case against the weight of the evil
dence.
The exceptions are overruled and
the decree is awarded the complain
ant in accordance with the finding of
the master.