Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1908-03-13
JUDGE FARRINGTON'S DECISION

The decision OF Judge r.. >. farfinR'
ton OF the United States court III the
case Of the Consolidated Mines compan.
against the Goldtield Miners uniol
restraining the union from maintaining
pickets about the companl's properties
assemble at or neal the properties, inter
fering or hinderiuR the men while they
are going to aud; from their work, vlsit,
ing the homes 81 the employees Of tue
company and attempting to prevepl
their working for the company, or in
anyway interfering or hinderIng the
company is a broad Que and in line with
the later decisions on The question Of
capital and labor.
The court completely reviews the
facts in the Goldteld case, COINS in all
there, there being eighteen pages
devoted TO this part alone The decision
then proceeds and about forty more
typewriter pages, all closely written,
are devoted to the ment Of the matter.
The first part OF the decision disposes
VI the question OF whether the Goldtield
union can be restrained from meeting.
Tho court eays: Evidence rs 10 the
probable aud possible injury which may
result to complainant IL members OF the
Goldfield miners union are permitted to
assemble and hold meetings pending
this suit, is not Of such n character AZ to
warrant uu introductory order forbid
ding such assemblages."
The court also points out and prnc-
tically holds IA unconstitutional the
Nevada statute OF 1903 which provides.
that employers Of labor cannot enter
into agreements with employees not to
belong to any labor organization, ETC., rs
a condition precedent TO such employ
ment. The act makes such criminal
~offensee. Numerous authorities are
cited upon this point aud the court
holds that this contention Of the defend
ant company Ii not good. The court
holds that the act is contrary to the four
teenth amendment to the. constitution
U. s., also the constit utiOD VI Nevada
which provides that every man shall be
able to contract freely and without re-
s%tralnt, etc. The right Of employers to
refuse to employ any p nticular order or
class OF men is neither greater nor less
than the right Of any man or class Of
men to refuse to work for any partic-
ular individual or class Of individuals"
The court then cites part Of tie by
laws and some Of the resolutions 81 the
Western Federation of Miners of the
Goldfeid union, in which it Is stated
that employers and employees are nbso-
lutely and forever alb olutPly opposed
and that the two interests can never TO
harmonized. After lengthy comneEt
on thus attitude of the union, the court
makes this striking remarks: when the
spirit which prompts Cancellation,
arbitrat III and friendly relations be-
tween employer and employee is Danish.
cd, We are not fur from anarchy"
Referring also to the same section of
the by lava OF the labor organization
the court says. SConclliatIon, aruitra-
ton and the promotion OF friendly rela
tons between emplo, crs and employers
bnd the elimination Of Etrikee and ron.
tentiopb are 10 longer among the de
clared objects OF the Western Fedora.
ton OF Miners, aud lis poll y :, Gems to
DO TO render sifii es pasicr, settlements
by local union for nny definite period Of
time,~ impossible"
Tho decision lie ole Of the most com,
prehrnsiYe eyer handed dom in the
country on the labor situatiou and que,
ton aud it toucboe with the hand Of Il
master the conditions in this state
Carson Nows.