United labor bulletin., 1912-08-08
CANNOT coERcE
WORkM EN-IN KANSAS.

l
The supreme court of Kansas has
handed down decision on the consti-
tutionality of the law known as the
l"Coercion Act of Kansas" which was
enacted in 1909. The act prohibits any
employer, agent, ETC., from demanding
or influencing ANY person or persons
to enter into any agreement either writ
ten or verbal, not to Join or become or
remain member of any labor organiza-
ton or association as condition of Sc
curing employment or continuing in the
employment of such employer, etc. :.
Any violation of this act shall be a mis-
demeanor and upon conviction thereof
(the employer or agent shall be fined
in the sum not less than $50 or impris-
oned in the county Jail not less than
thirty days" The United Brotherhood
| of Leather Workers tested this law when
several of their members were dis
charged by the Ackenhausen Saddlery
Co. because of their union membership.
The district court held the act unconsti-
tutional. The case was then appealed
to the state supreme court. That court
reversed the district court and remanded
the case for a new trial. A second case
under the same statute was before the
court by the Kansas State Federation
of Labor against the St. Louis and San
Francisco Railway company for discharg-
ing three members of the Switchmen's
union because they refused to sign the
following agreement: Mr.. T.. P. Cop
page agreed to abide by your request,
that is. to withdraw from the Switch
mems union while in the service of the
Frisco company" The superintendent
was fined $500 The company appealed
to the supreme court The two cases
were disposed of by the court at the
same time. This decision has been
handed down at very opportune time.
1t is expected it will put stop to a
vicious practice that has been growing
up in Kansas for some years. The court
said: IAN individual employe cannot
coerce his employer from remaining a
member of his association, but the indi-
vidual employer may so coerce his en-
ployes unless restrained by law. The in
dividual employe is in such a case pitted
not only against his employer in con-
tracing the conditions of employment
but also against the aggregation of asso-
ciated employers. Such a condition
tends to reduce employees to mere serf-
dom. Our statute denounces as
crime the requiring or coercing Of an
employe to make written or verbal
contract as a condition of employment,
that he will not join labor organiza-
ton. The employer has no right to in
/ terfere with the liberty of the employe.
&. Labor unions are lawful and not
inimical to the rights of employers.
Liberty of lawful action being an invil
olable right, the legislature was within
the exercise of it's proper power in de-
nouncing, as criminal, any attempt to
coerce an employe under the resistless
pressure of necessity to bargain away
his liberty. -. AH employer has no
constitutional or Inherent right to coerce
or compel his employe to make any con-
tract or agreement written or verbal,
which he does not wish to make, what
ever may be the condition or purpose"
The United Brotherhood of Leather
Workers and the Kansas State Fedora
ton of Labor have rendered the people
of Kansas great service in securing
the enactment of this law and testing
its provisions in the supreme court.
Try a Principe de Lees for a good