New-York tribune., 1907-08-18
MAY SUE COMPANIES:
DELAY IN MESSAGES.
LEGAL Opinion on Telegraph Strike
Phase-Boys Organize.

The intention of the striking commercial fele,
rraph operators to harass the western Union eiiu
Postal TELEGRAPH companies into acceolns 10 Nie- ~
demands was made plain yesterday afternooh'
when Daniel Russell. chairman OF TIE podiu VI
strategy made public q legal opinion "h0h oo
clares individuals may sue and, by preceoeh'' eA
rec- N recover 500 damages from either company
g .oc,,. -oassa1a that is subject 10 unreasonable
dslav Edward J. Gavegan. OF the frm OF 'aVesan
q .,couaid OF the Tribune Building. gave the
1,rfon his opinion on this point and MI hussell
announced that on Monday Mr. Ha'esah "OuiU
confer with the Attorney General
This move which may result In many small ac-
tfo-.s against the companies follows the announce
rnent made by union officers on fTioay 'iat oes
would try TO induce Attorney General Jachsoh ~ ~
enter an application for permission to nring sun
10 dissolve the companies on the srouila tiioI
they were not fulfilling the object for "hlch they
were incorporated. Even IL the Attorney Geheldi
should get permission 20 bring such an aciIoh n
dissolution il would take many months. s
ing that they want quick action, the union
Yesterday hit ,rpon the Of individual SUITS ior
damages from delays in the transmission "L Ihe'
sages in his opinion Mr.. Gavegan oecialeo-
The practices which you say are now being re fr
pI .e te ~ rfsirs to receive messages for trans
mission unless submitted suo5ect .iI 10 Taenhone
an5 exnress are unlawful. and render the teieo ere,
graph companies liable to pemaiy pe Safion 81 ias Of
the TRANSPORTATION corporations law or TINS
sns ,c1 traPnsmffed with inpartiality and in good
faith This provision in the laws OF ~ ,n the
iaMs o isss ISIS and ISs and in during former
strike Of the eposes fs OF II is an exercise by the
Legislature of IT'S powers Of ponce tansrnittng
teleeraph messages within this state Ine reissal t-
resoted TO By the teegraa by the statute
and consequently violation thereof sunJecfiis 'ne
company to the penalty prescTiDeo-
The strikers were much pleased with the opinion.
asS hat.
,o.a ,,,r, .bere was precedent for such an acuon
IN a case that was decided against the western
Union in August. 1885, but was not incluoeo IN te
reports although il was on the 'eCoiuS u ~
District Court OF New York City
The strike situation yesterday renamed otleA
unchanged The officers Of the companies SAID
there was nothing new. because they were hanoIng
all business and had got the situation wen uhuei
control The financial operators Of the Wall street
Chanel Of Local Is still restless, althoueh
s,o,,. forty Downtown wire houses had signed the
agreement for the $50 minimum wage scale'
Chester Hall, chaplain Of the wall Street pianOH'
made a short address at the union meeting Ih
Manhattan Iyceurr, the headquarters. yester-
dav afternoon, and said that the downtown lflis
were 10 have until Monday noon to sign the agree
roent with their operators. All the operators "io
had not received the scale would at tnat uife De
called out, he said
In the operating OF the firm OF j. D Bache
& Co. No. q Broadway. all the keys were working
YESTERDAY with non-unon men. The union opera
TORS had been called out Friday, and william j.
wollr1lan, Of the firm. said he thought the union
operators had been called out so that other firms
would be coeTced into signing the agreement with
this example bef6re them.
The strikers plan q meeting at Manhattan
Iyceum this afternoon. when reports viii be made
Of the progress the first week The rirnor that
National President S. J. Small will come here from
Chicago and take personal charge to-day was nor
confirmed by the local officers
As q side issue of the strike the messenger boys
nailed their colors TO the mast yesterday. and
came out with the announcement that they were
going join in the movement for the emancipation
Of the working classes
Several hundred messenger boys strike
and have elected Howard Leroy temporary presf-
dent of the union they are going 10 form They-
would have applied for charter yesterday TO
Herman Robinson, the New York representative of
President Gornpers of the American Federation OF
Labor but Saturday being day Mr. Robin
son left his Office at and the golden oppor-
t11nity was missed Leroy will be on the lookout
FOR him bright and early tomorrow morning
A mass meeting the messenger boys, beginning
on Friday night and lasting until the small hours
OF yesterday morning, held in the Manhattan
Iyceunl TO discuss their alleged grievances. pre-
pare demands for higher wages and more holidays
The cali for the meeting, which sent out by
the messenger boys organization committee. was
also addressed 10 the telegraph clerks. It said:
zvl1v should bows be made to work twelve?
should be required 20 pay for uniforms
that always remained the property Of the heaTtless
CORPORATIONS that make slaves OF you
Why shouldn't you get double pay for working
Sundays and holidays?
Wbv shouldn't you get raise In pay In every
.tx months and be promoted TO better positions In
rotataOnz
The meeting was addressed by messenger boys.
Prominent among them Spike johnson.
FATTY Muiready, '-SIEn1py'' Montgomery, Tom
nv the Dude Collars Wilson and other shining
Nxhfe among the leaden footed Mercuries. The
an ID s3ooi s.fe+ ha fAuyNr In
Introduce no speakers for why? De blacklist would
be clapped on and Il would be twenty-tree for de
mug who wanted job after dat
.syrotcher tink dey take US fur?" said one Of the
sneakers Mules or walkn' machines? Keep
eoin' eIi day an try 90 look pleased7 Nixey fur
ne Dey can't hand dat lemon TO yours truly
more
Oats right" said Spike" johnson. Give 'em
the razzie dazzle
Others spoke to the effect for several
hours and Il was voted to be the sense OF the
meeting that union OF messenger boys should be
formed Howard Leroy was then chosen tenn
Dprary president. and made his headquarters tenn
Dcrarfiy yesterday at the Astor House, where he
met a committee Of the messenger boys who are