Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1910-06-02
Jury Returns
SCab Verdict.
Verdict Against Brewery Workers
Returned by Ohio County q
Jury.
WILL WIPE OUT
THE RIGHT TO STRIKE
Motion Made to Set Aside Verdict
= Now Being Considered by
Judge Nesbit.
Will VIII u OUI
THE RIGHT TO STRIKE

After a holly contested trial COW
ering nearly three days, the jury in
the case of Charles Ebeling. against
John Ger1acher and about 81 other
defendants, in the circuit court of
Ohio county, returned verdict in
favor of the plaintiff and against
only seven Of the defendants for the
sum of $4,000. This action was
for the recovery Of $4,000, and was
tried before Judge Frank w. Mes
bitt. John p. .Arbenz appeared as
counsel for the plaintiff. while all
the defendants were represented by
Harold W. Houston of Parkersburg.
A. motion to set aside the verdict
has been made by the defense. and
this motion will be argued in the
near future.
This action grew out of some diff
fculty arising at the plant Of the
Schmulbach Brewing Company about
one year ago. Practically all of the
parties to this suit were then en-
ployed at the plant CT this company.
1t was alleged by the plaintiff, who
had worked at this brewery for some
years, that the defendants had con-
spired to deprive him of his employ
ment by striking and compelling the
Schmulbach Company to discharge
him. The evidence at the trial
brought out the fact that Mr.. Ebe-
ling, who was not a member of the
Brewery Workers Union. had fore.
IDLY and somewhat violently elected
Mfr. GerIacher from the bar-room
OF the Schmulbach Company. AHe.
testified that he was thrown upon
the pavement and had his face bruis-
ed and cut by striking the bricks,
and his, testimony was largely COR
roborated by other witnesses. Mr.,
Ebeling commended, however, that he
did not use undue force, and denied
that he threw Mr.. Gerlacher upon
the pavement.
Mr.. Gerlacher placed his grievance
before the local Union of Brewery
Workers, who in turn referred the
matter to a Joint local executive
board, composed Of representatives
from three of the local unions. The
evidence showed that a committee
appointed by this board had made
some efforts to adjust the difficulty
between Mr.. Ebeling and Mr.. Ger
lacher by endeavoring to take the
matter up with. the officers OF the
brewing company, but these EFFORTS
we're unavailing. Failing to secure
settlement Of the matter, the de-
PENDANTS. according to the evidence,
refused to work longer with Mr..
Ebeling, and quit the employment OF
the Schmulbach Company. 1t was
further shown at the trial that the
company then discharged Ebeling,
whereupon the defendants went back
to work.
The claim of Mr. Ebeling was that,
he was removed from a position IN
the nature of sinecure, and that ne
has. not since been able to secure
such favorable conditions OF employ
ment. and that therefore he has
been greatly damaged. There was
no evidence that any of the defend
ants had threatened or used any VOL
ence, or committed any unlawful act.
The sole and only charge against
them was that they had quit the en-
ployment of the Schmulbach Com
pany because the conduct OF Ebellng
was Objectionable to them. AS II
was shown that no contract existed
between the defendants and the
Sehmulbach Company requiring
them to remain. in the employment
of the Company, the defendants con-
tended that they had the right to
onit at any time they might chose.
It would seem that this is the frst
case of this nature to come before
the courts of West Virginia.. and its
louteofne will be watched with unus-
nal interest. The Importance OF the
legal questions involved are OF the
most vital interest to organized Ia
hor Should these questions be set
fled adversely to the defendants, u
will result in still further curtail-
inc the limited powers now retained
nv the labor unions. Should the
nronosition that workingmen have
NOT the right to quit employment, 20
which they are not bound by any
contract md place in our judicial
decisions. the use of the strike as
: weanon of the workers In the m
dustrial conflicts win be almost oe-
stroyed.