The labor world. [volume] (Duluth, Minn.) 1896-current, 1907-05-25
WIEN UNION members
may APPEAL TO: COURT
Members Of Labor organizar,:
tions Must Exhaust Every
Remedy in Their Unions.
Before the Courts, Will Be At
Liberty TO-, Interfere in d.
Internal. Matters.

BOSTON, Mass, May 2s.-The fol-
lowing decision was handed down by
the Supreme Court OF the State of Mas
sachusetts on May Is, 1907, in an elec-
tion dispute occurring III the Boot and
Shoe Workers union, under which
Thomas B. Hickey, 81 Brockton, Mass,
and Charles P. Murrays:of. Lynn, Mass,
candidate for general president and
general vice president Of the union,
refused to avail. themselves of their
constitutional privileges within the Or
ganization and entered suit to get pos
session of the offices, notwithstanding
a decision Of the General Executive
Board Of the union that the report of
the General Inspectors of Election
showed gross frauds which justified
them in ordering a special election for
the offices of general president and
general vice president
Of Interest to Union Labor.
The decision is Of interest to or
ganized labor as it. maintains the
principle that members must exhaust
their remedy within the organization
contest for the. offices in this case
was between those who believe in
arbitration, under which policy the
Boot and Shoe Workers union has
operated with great success during the
past nine years, ands so-called ralic-
al element believing in the strike meth
cd as superior to arbitration, as repre-
sented by Messrs; Hickey and Murray.
Establishing Arbitration Principle.
The decision is now likely to more
firmly esta blish the 5arbitration prime
iple and the continued success of the
Union Stamp as trade factor will
be emphasized. The Organization is
In a splendid financial condition and
Notwithstanding the election squabble
which was before the, court, the first
three months Of this year have prov
+ ed to be the most PSosperous in the
history of te organisation as measur-
ed by financial receipts
Ruling by Court.
Thomas B. Hfcklsy; VS.. Charles L.
Baine; Charles p. Murray VS.. Charles
Sheldon, J.. II Wit assume that a.
writ ef1s1na 6 I's1s.nus 1ray properly be
issued to securesp spossession of such
offices as are here in question, and
that these petitions could be brought
against the respondent alone although
this would involve passing upon" the
rights Of Tobin and Lovely without
their being made parties or having any
opportunity to be heard, yet we are of
opinion that the petitions cannot be
maintained.
The rights of all the members OF this
voluntary association must be settled
according to the provisions of the con-
stitution which they have adopted.
Reynolds VS.. Royal Arcanum 1872 Mass.
$50. Accordingly, before these petit
tions can invoke the aid of the court
to secure them in the Offices to- which
they severally claim to have been
elected, 1t must be shown that they
have exhausted the remedies available
to them within the association and
according to it's rules Oliver VS.. Hop
kins, 144 Mass. 175; Karcher vs. Sup
RENE Lodge knights of Honor, 1877
Mass. 1868; Chamberlain vs. Lincoln,
129 Mass. 20. The General Inspectors
Of Elections have counted and passed
upon the ballots cast at the election
at which the petitioners claim to have
been elected, and have made ma
jority and a minority report there
Of
Power Of Union Was Disputed.
The General Executive Board have
passed upon these reports, and have
ordered new election. The power
Of the board to take this action under
the circumstances of these cases is
disputed, and has been argued with
much learning and at considerable
length Bu%-We have not found it
necessary to pass upon this question:;
for If the action of the board was
wrong, whether because they had no
jurisdiction of the question or because
they took an erroneous view of either
the law or the facts, there was a.
further remedy open to the petitioners
under the constitution by appeal under.
s1O6 to a convention to be held under
$1O8. 1t is impossible to read this
constitution without seeing plainly
that it was intended and purpofted
ment by which the rights of all it's
HeHloerS ana ~tne FlSnlS ana Out1eS OF
all it's officers. among themselves
should be determined and regulated:
under the management and control Of
the General Executive Board, which,
according to ss, Is to decide all ques-
tions Of usage wherein the constitution
is silent. but with a final and complete
control in convention to be held,
subject to the desire of majority of
the local unions, In June of each year,
Or at any other time, upon vote of such
a majority. In our opinion, according
to the decisions above cited. it was the
duty Of the petitioners to exhaust their
remedy by appeal to such conven-
ton before coming into the courts.
SQUARE DEAL. FOR FIREMEN ,-
GIVEN BY HOME RREWERIES