Bisbee daily review., 1917-12-23

 ations and conduct of an agent. within the scope and in the course of his agency, are admissible as original avi- dence against the principal just as his own declarations or conduct would be admissible Barreda V. Silsbee. 2i How 146. 164. 165; Vicksburg & MeTi- dian R. R. v O'Rrien- I19 L. S. 99. 104: La Abra Silver Mining Co. V. United States. 175 U. s. 423, 49S- And since the evidence of Hughes agency is clear and undisputed- as the representative of voluntary assOcia- tion of which the answering defend ants were active members, and in the execution of Q purpose 10 which they all had given consent, and in w;1>s.- some of them were actively cOODerat- ing. he was engaged in an effort 70 organize the coal mines of the csa- handle District-itis equally clear that his declarations and conduct Wa.Ie so doing are evidential against the de fendants.
 What are the legal consequences of thAfzcts that have been detaiiod2
 That the plaintiff was acting within it's lawful rights in employing is men upon terms of continuing nOn-Tie--l- bership in the United Mine Workers of America is not open 10 question: Plaintiffs repeated costly experiences of strikes and other inteTferences while attempting to run union" were a sufficient explanation or its resolve to run .non-union," if any were need ed But neither explanation nor Justl- fication is needed Whatever may be the advantages of collective bargain ing" it is not bargaining at all. in any just sense. unless it is voluntary or both sides The same liberty which enables men to form unions, and through the union to enter into agree ments with employers willing to agree. entities other men to remain inde- pendent of the union and other en- pIoyers to agree with them to employ uoman who owes any allegiance or obligation to the union In the latter case. as in the former. the parties are entitled to be protected by the law in the enjoyment of the benefits of any lawful agreement they may make This SQurt repeatedly has held that the en- ployer is as free to make non-memher- ship in a union a condition of eHsTi--- ment. as the working man iS free 10 join the union. and that this is q pat of the constitutional rights of personal liberty and private property. nos to be taken away even by legislation unless through some proper exercise or fie paramount police power Adair v- United States. POS T. S. 1s1. 17i- Cop page V. Kansas. 23e U- :. !. A. Tn the present case. needless to say there is no act of legislation to which defend ants may resort for justification
 Plaintiff, having in the exercise Of its undoubted rights established working agreement between it and Its employees. with the free assent of the latter. is entitled to be protected in the enjoyment of the resulting status. as in any other legal right That the employment was at Will" and teTmil- able by either party at any time. is of no consequence Tn TruaX y- Ralch. 239 [. s. 33. 3S. this court ruled upon the precise question as follows Tt is said that the bill does not show an employment for a term. and that under an employment al will the complainant could be discharged al any time for any reason or for no reason, the mo tive of the employer being immsterial- The conclusion, however that is Caught to be drawn is too broad The fact that the employment is al the will of the parties. respectively. does not make it one at the wiil of others The empiOye has manifest interest in the freedom or the employer to eX- ercise his judgment without illegal in- terfersnce or compulsion- and b. the weiEht of authority. the uniustited b. terference of third persons is action able although the employment Is at will" fCitinE many csses-l
 Tn short plaintiff was and is entiti- ed to the good will of it's employees precisely as a merchant Is entitled to the good will of his customers al though they are under no obligation to continue to deal with hiu. The value of the relation lies in the req sonabIe probability that hv ProDerlv treating it's employee. a7d nayin- dbeTn fair wares. and sVoiIinr req eJAabIe grounds or complaint. it viu Be zr-s Co -ets-l -L5l . -ts eE- log.