Daily independent. [volume] (Elko, Nev.) 188?-1915, 1908-03-09
JUDGE FARRINGTON'S DECISION

Tho decision of Judge T.. 5. Earring
ton of tho United States court in the
case of the Cons dated Mines con- pany
against the Golhiield Miners union
restraining the union from maintaining
pickets about the company's properties,
nsse bic at or near the properties, inter-
ferng or hinderIng the men whilo they
are gong to and from their work, visit
ing the homes II tic employees Of the
company and attempting to prevent
their working for the company, or in
anyway interfering or hindermg the
company is broad one and in line with
the later decisions Oh the question Of
capital and labor.
Tho court completely reviews the
facts in the GoldheId case, goink in all
tie detaile in regard to the conditions
there, there being eighteen pages
devoted to this part alone The decision
then proceeds nd about forty more
typewriter pages, all closely written,
are devoted to the meat Of the matter.
The first part of the decision disposes
OF the question OF whether the Goldfield
union can be restrained from meeting,
The court Gays: evidence rs 10 the
probable and possible injury which may
result to complainant if members Of the
Goldlield miners union are permitted to
assemble and hold meetDgs pending
this suit, is not Of such a chara cter as TO
warrant an nterncusory order forbid
ding sIch nsaemblages."
The court alec points ont nnd prac-
tically holds Ms unconstit IL tionaI the
Nevada statute of 1903 winch provides
that employers of labor cannot enter
int" agreements with employees not to
belong Ia any labor organization, etc., as
condition prece !nnl To such employ
ment. The act makes such criminal
0ttenses. Numerous authorities are
cited upon this point AID the court
hold9 that this contention. of the defend
ant company IN not good. The court
holds that the act IL cOnlraIy to the four
tecDth amendment to the constitution
u. s., also the COHstit utluT of Nevada
which provides that every man shall be
able to contract freely md without re-
'strhmt, etc. "rhe righ' Of employers to
refuse to employ any Particular order or
class of men is neither greater nor less
than the right OF any man OF class of
men to refuse to work for any pal tic
ulaT individual or class OF Iudividuuis."
The court then cites part of the by
laws and some Of the resolutions of the
Western Federation of Miners of the
Goldlield union, in which it is s. atcd
that employers and employees are abso-
lutely and forever ab olutely opposed
and that the two interests can never he
harmouized. After lengthy comment
ON thus attitude of the union, the court
makes this striking remark: "WhcE the
spirit which prompts c0ncrliaIioD,
arbitration and friendly relations he
tween employer and employees is Danish
ed, we are not far from anarchy"
referring also to the came section Of
tho by laws OF the labor organization
the court says. "COnC;liatiou, arDltra-
ton and the promotion Of friendly rela.
tions between employers and employees
and the elimination of strikes and con.
tenhone are no longer among the de-
clared objects of the Western Fedora
ton of Miners, md it's poll: seems to
be TO render strikes easier, settlements
by local union for any definite period Of
time, impossible"
The decision is ohe OF the most com
prehensive ever handed down in the